Artist John T Unger - creator of copyrighted sculptural Artisanal Firebowls - is getting an unwanted education in copyright law, and is appealing to the online community to help him raise funds to win a federal court case that could have far-reaching intellectual property implications for the original work created by other artists and creative entrepreneurs.
Mancelona, MI (PRWEB) October 27, 2009 --
When it comes to copyrighted work, how similar is too similar in design, content, or name when someone else creates a product like an existing one?
Intellectual property issues have the potential to affect artists, bloggers, journalists, freelancers, designers and others who make their living through creative, original work, especially if they primarily do so online. Not only money, but also reputation, and customer satisfaction are at stake.
Artist John T Unger - creator of copyrighted sculptural Artisanal Firebowls - is getting an unwanted education in copyright law, and is appealing to the online community to help him raise funds to win a court case that could have far-reaching intellectual property implications for the original work created by other artists and creative entrepreneurs.
Unger is fighting a Federal lawsuit by FirePitArt.com, whose owner, Rick Wittrig, is seeking to have the copyrights for Unger's original artwork over-turned so Wittrig can continue to manufacture and sell lower-priced products of extremely similar name and design.
Defense fund appeal
Unger , who has so far spent more than $50,000 of his own funds defending against the lawsuit, says:
"Before this attack, I was not even aware that copyrights could be challenged in court."
Seeking a judicial ruling in federal court will cost more than any artist or small business can afford on its own, but attempts at settlement have been unsuccessful.
Because I believe the outcome of my case has the potential to affect so many other creative artists and entrepreneurs, I am holding a fundraising sale of my artwork to finance a defense in court. Details are on my website.
Far-reaching implications
Unger has been creating Artisanal Firebowls - one-of-a-kind works of art, hand-crafted from 100 percent recycled propane tanks since 2005. He was granted copyrights by the U.S. Copyright Office as the originator of his sculptural artwork. And he has created an internationally successful business selling his Firebowl sculptures to individual collectors, galleries, churches, hotels, restaurants and public parks.
Says Unger, "My concern in this case is not about losing money on sales. It is that the reputation I've worked so hard to build will be tarnished if people confuse copies of my work with the real thing."
Unger notes that under the terms of the US Constitution, "The US Copyright Office approved my designs as sculptural artwork and awarded me certificates of copyright as the originator of these designs."
When these protections are eroded, he says, the law is weakened for all artists. "I feel a duty to see that those laws that protect original creative endeavor are not weakened for other artists."
"I have no interest in imitation," Unger says. "If Mr. Wittrig had spent the time, energy and money that has gone into this lawsuit on designing original work, with its own story and its own unique appeal, there would be plenty of room for both of us to succeed on our own merits."
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[Via Legal / Law]
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