[Woodcarver] copyright (Another question)

[maricha]

HOW TRUE
cheers
maricha
  ----- Original Message ----- 
  From: Ivan Whillock 
  To: [Woodcarver] 
  Sent: Tuesday, November 08, 2005 3:02 AM
  Subject: Re: [Woodcarver] copyright (Another question)


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  Phil said: "You can say anything you want about your 'rights' when it comes to protecting your property, but.  When a Chinese national comes to your display booth and pulls out a tape measure, and talking into a cell phone, getting excited as all can be, begins to copy your product, your rights are out the  window.  I've had it happen to me, and know several others put out of business because of the flood of southeast asia knockoffs."

  This issue is of great concern in the sculptural community.  The market is being flooded with knockoffs of originals, stealing the composition, theme, etc.  The summer 2002 issue of Sculpture Review deals with copyrights and knockoffs, many--but not all--of them coming from across our borders. 

   The issue also deals with the area of derivitive works--basing your work on a previously created work not in the public domain, etc.  One statement is germane to our discussion:"Transforming a photograph into a new medium in a manner in which it is still immediately recognizable could very well constitute copyright infringement, if the underlying work is not in the public domain."

  Anyone interested in further information from the sculptor's point of view should check out that issue, most likely available from your public libraray  It is Sculpture Review, Summer, 2002, Vol LI No. 2.

  Phil makes another great point, that laws and courts have limited reach.  It basically comes down to the integrity of the individual.  In this age of technology ripping each other off is getting easier and easier.  Sculptural societies continue to stress originality and to reject derivitive works, and they are working to find ways to protect each other from foreign--and domestic--rip-offs.  It ain't easy.


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