ArtMetalsocial networking for the metal arts |
|
Questions for anybody who has the answers,
Joshua Bathke -
Tuesday, June 3, 2008 - 2:29pm
Hello, its Joshua Bathke here, and I have a question about trademarked, copyright stuff. I made something recently that is a trademark kind of thing, but I did it because I thought the idea was quite interesting. My question is-would I get into trouble if I decided to post up some pictures on this website of my sculpture? I just dont know if I would get in trouble with the law so to speak since it is an iconic trademark kind of deal. Please contact me with any info about this. My email is dirt_hogs@earthlink.net Thanks for your time. -Joshua Bathke ![]() Joshua- In a former life I
Rob Sigafoos -
Tuesday, June 3, 2008 - 8:04pm
Joshua- ![]() If the sculpture you are
QuiQue -
Wednesday, June 4, 2008 - 1:54am
If the sculpture you are talking about is an exact duplicate of a registered trademark AND you do not have permission to use it for your personal use, then I would not put it anywhere in the public realm. Now, if you are doing a take off like Andy Warhall's 32 Campbell's Soup Cans, then I must assume that it's okay. However, you know what folks say about "assuming"? ![]() Good question Joshua. I
Will Jones -
Wednesday, June 4, 2008 - 10:34am
Good question Joshua. Will Jones, www.ironwill.org.uk ![]() By all means stamp your mark
Rich Waugh -
Wednesday, June 4, 2008 - 8:07pm
By all means stamp your mark on it, Will. And the date so there is no question. I might even put "after Hepworth" on it, too. I have no issue with copying a piece of artwork if it is for my own personal enjoyment and will never be sold and cannot be passed off as an original. I'd copy th eMona Lisa if I thought I was able, but I'd put "after Leonardo" on it in plain view. After all, he did it first and he deserves the credit for that. I've been asked a couple of times to duplicate pieces of antique iron work and I told the potential customers that I will do it so it would be indistinguishable from the original (right down to using real wrought iron if appropriate), but that I will put MY touchmark on it, with the full date, in a place where it cannot be obliterated without defacing the item. In one case, my insistence on the marking has queered the deal. My guess is, that fellow (dealer) was looking to pass off my work as an original antique, and that is just plain fraud. The one who didn't mind my policy understood completely and actually congratulated me on my ethics. I've done several other pieces for that same client in the years since, too. ![]() Hey Rich,
Joshua Bathke -
Friday, June 6, 2008 - 10:59am
I really appreciate the info on this. It does make sense to put your own initials and date the piece and try not to make an exact duplicate. I have never done commisions or anything and this piece that I have done is of my own entertainment. I guess I can say 'what' it is, its the Ironman mask. I did not copy anything specific except for the concept of it being a mask. I tried making or bending the metal so that it would fit my head, but this is the first time I used spring metal, or at least I think its spring metal. I made it from a shovel my son found the other weekend when we were camping and looking around for firewood. Just kidding around, I told my dad that I ought to make the Ironman mask, and ironically thats what I ended up doing. I made it because I thought the movie was awesome. It didnt have the action I thought it would, but I really liked the concept of his first suit called the Mark I suit. Anyways, all I know is that its a Marvel Trademark, and I never intended on selling it or anything, but its just for looks more or less. Well thanks again for the info. -Joshua Bathke ![]() Joahua, I just lost a long
Rich Waugh -
Friday, June 6, 2008 - 6:18pm
Joahua, I just lost a long and well-reasoned reply to your question somewherein the mysteries of my laptop. No way can I recreate all that now, so here's the condensed version: You have nothing to worry about. You're not selling it, you're not entering it in an art show as your unique creation, and I serously doubt that anyone can copyright or trademark a mask anyway. Every society throughout history has made and used masks. They're just too common to be patentable, in other words. Like trying to copyright a shoe or a ball cap. The logo, yes. The object, no. Put your mind at rest. ![]() Comic Book Character
Frank Castiglione -
Friday, June 6, 2008 - 6:37pm
Hi Joshua, |
|
My thought-change it enough
My thought-change it enough to make it your own or talk to a law student and see if they'll look it up for you for a couple of bucks.