Does someone know Bina from Jones Glasswork? - Page 2 - WarmGlass.com

Does someone know Bina from Jones Glasswork?

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Steve Immerman
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Location: Eau Claire, Wisconsin
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Postby Steve Immerman » Thu Mar 20, 2003 4:25 pm

Some copyright issues discussed:

http://www.piercelaw.edu/tfield/CopyVis.htm

Steve

Amy on Salt Spring
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Postby Amy on Salt Spring » Thu Mar 20, 2003 4:58 pm

It says a lot about her that she is so threatened--you should take it as a compliment (probably not easy when the email was so rude but you get my drift). If an artist's goal is self expression then it is going to be hard to duplicate work (or if there are similarities to someone else's stuff they will only be temporary as self expression requires change and moving on to new things as you have done). If, however, you are just doing production work with the same look for a very long time, and that production work deals with relatively common subject matter...well I guess you had better expect occasionally seeing something that looks something like what you do! Don't let it get to you.
-Amy

Tess Farley

Postby Tess Farley » Thu Mar 20, 2003 7:23 pm

In reading the site on copyright which Steve provided, it appears an artist's works are protected by copyright simply by adding the notice, "All Rights Reserved." However, in order for a person to actually recover damages, finished works must be promptly registered with the Copyright Office. Registering is no guarantee of acceptance.

The following is an excerpt of exclusions:

"Utilitarian, Three-Dimensional Works are Excluded. While a drawing of a toaster is copyrightable -- even engineering drawings of such things -- in the U.S., such works are protected by design patents.

To the extent that they have components serving no end other than aesthetics, copyright protection is available for those components. Thus, while copyright protection would be refused for most table or floor lamps, the fact that a piece of sculpture had been turned into a lamp would not negate the protection otherwise appropriate for free-standing sculpture.

Things such as vases, urns and piggy banks may or may not qualify; one way to find out is to attempt to register them. If the Copyright Office accepts the registration, court are likely to go along. If copyright registration is denied, design patent protection may be available, but that is substantially more expensive."

The article further states:

"Independent creation is permitted. A second work, identical to an earlier copyrighted work, does not infringe, if it is, in fact, independently created. [Of course, the better known the first work, the less likely that an independent creation defense will be believed.] "

Therefore, it would appear that even by some remote possibility Bina does possess a copyright, Patricia would be in the clear since her work was independently created, not copied as Bina so rudely alleges. At least, that's my opinion. After working for lawyers for 25 years, I think I should be entitled to a law degree, having graduated Summa Cum Cruddy! :lol:

Dani
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Postby Dani » Thu Mar 20, 2003 7:46 pm

Has anyone ever registered for a copyright and been denied? I know of no one....

Just curious,

Dani

Lia Howe
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Joined: Tue Mar 18, 2003 1:36 pm
Location: Haliburton, Ontario

Postby Lia Howe » Thu Mar 20, 2003 11:48 pm

I grew up with two older brothers and they teased me a lot. My Dad always said something about mimikerie being flattering.Annoying but they where just trying to tell me I was worth taking notice of. I know that at times we all look at something and it stirs something in us.I have heard it called the artistic emotion. I think all things in life touch us and change us. Its what makes us human.
I was once at a show selling flattened wine bottles. (Yeh! I know but they always sell) A man can up to me and told me thst he heald the european patent on flattened wine bottles, he told me I couldn't sell them in Canada because he had applied for the patent here. I was amazed. Can you get a patent to put a bottle in a kiln and turn it on. Has anyone else heard of this?Lia

Lia Howe
Posts: 40
Joined: Tue Mar 18, 2003 1:36 pm
Location: Haliburton, Ontario

Postby Lia Howe » Thu Mar 20, 2003 11:49 pm

I grew up with two older brothers and they teased me a lot. My Dad always said something about mimikerie being flattering.Annoying but they where just trying to tell me I was worth taking notice of. I know that at times we all look at something and it stirs something in us.I have heard it called the artistic emotion. I think all things in life touch us and change us. Its what makes us human.
I was once at a show selling flattened wine bottles. (Yeh! I know but they always sell) A man can up to me and told me thst he heald the european patent on flattened wine bottles, he told me I couldn't sell them in Canada because he had applied for the patent here. I was amazed. Can you get a patent to put a bottle in a kiln and turn it on. Has anyone else heard of this?Lia

Marty
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Location: Maine
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copyrights and suchlike

Postby Marty » Fri Mar 21, 2003 12:09 am

Lia- this has come up before on this board and has been resolved thusly: Brian and Jenny own trademarks on processes, all of them, especially the cheatin ones. I own all rights on bowls and maybe platters. I forget who got the rights on heat and gravity, maybe Brock. The rest is up for grabs.
Marty

Beth
Posts: 16
Joined: Sun Mar 09, 2003 4:51 pm

Re: copyrights and suchlike

Postby Beth » Fri Mar 21, 2003 8:22 am

Marty wrote:Lia- this has come up before on this board and has been resolved thusly: Brian and Jenny own trademarks on processes, all of them, especially the cheatin ones. I own all rights on bowls and maybe platters. I forget who got the rights on heat and gravity, maybe Brock. The rest is up for grabs.
Marty


I have the copyright on real cats and ferrets. And meercats, tiny flying squirrels and small dogs of indeterminate breed.

Someone could send the angry person the URL of this thread.

Alice DeGraff
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Postby Alice DeGraff » Fri Mar 21, 2003 8:49 am

Wow does this mean I can't paint another blue bird, or hummingbird. A fish is a fish and I dont think anyone esle can claim it as there own other then Mother nature herself. Instead of putting 3 fish (if that is what they did, have not idea) put 4. I saw some plates on ebay not long ago with fish in it. Oh NO I am coping Mother Nature. :shock:

Alice De

Lia Howe
Posts: 40
Joined: Tue Mar 18, 2003 1:36 pm
Location: Haliburton, Ontario

Postby Lia Howe » Fri Mar 21, 2003 10:00 am

Maybe all the coverage of the War has made me a little sappy.BUT can't we just all get along. We all see things the same and different. I have learned (very painfully with profesional attacks) that IF someone is insecure about their work ie. quality, design, distrubution, they usually lash out at others. It CAN'T be that their work is different. I know that the artist emotional mind is very sensitive and we take attacks of our work to heart BUT sometimes I even feel that my fragile ego reacts instead of my mind. Is it because artists put a bit of themselves in every piece?Lia
PS. I want the patents on heat and gravity.Lia


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