In order to not make Sam's sticky too long I am posting my ramblings as a new thread.
Mindful that Sam does not like too many or long stickys here goes.
Thank you for this interesting piece, Sam, and for the thoughts of others.
I realize you want to keep the Café forum clean and that’s a totally different matter from my somewhat related questions below.
When one engraves a piece and sells it, or engraves it for a client, who is damaged if it is copied?
The artist received payment for his/her work and design and relinquished ownership.
The now owner may suffer damage if copies devalue his original.
But he has to prove that he is damaged and has an actual loss.
Even though he/she is not the original artist do they have the right to seek damages based on the duplication and copy of the artwork?
The artist has sold the piece or service and has no material ownership rights other than perhaps retained copyright.
What remains, if any, his/her rights of recovery beyond this?
I question this based upon this example that many of us already know about.
About 25-30 years ago much of the engraving work on firearms in the US and even in Belgium was based upon the duplication of high grade factory patterns to upgrade or add engraving to lower grade but good quality Winchester, Colt and Browning guns.
These original designs were developed in the factories and owned by them.
We all know that these factories had lawyers and were well aware of all the copyrights.
I can only assume that they must have deemed it would be unprofitable to attempt a lawsuit to recover damages based upon this as I never heard of a case filed against an engraver or even a Cease and Desist letter.
Do you think that the possible recovery an award of damages for the duplication of a copy or two of an engraving would cover the cost of time, money and heartache involved in pursuing such a lawsuit?
To answer my own question, I would have to say no as a practical matter.
As engraver/artists we might not like it and get puffed up.
And fellow engravers may give us support and TLC.
Unlike the theft of the intellectual rights and mass duplication of a piece of recorded music, a video or movie the theft of one or two copies of an engraving do not have enough recovery value to reward the plaintiff’s time in my opinion.
Look forward to reading other engravers practical opinions.
Best regards.
Mindful that Sam does not like too many or long stickys here goes.
Thank you for this interesting piece, Sam, and for the thoughts of others.
I realize you want to keep the Café forum clean and that’s a totally different matter from my somewhat related questions below.
When one engraves a piece and sells it, or engraves it for a client, who is damaged if it is copied?
The artist received payment for his/her work and design and relinquished ownership.
The now owner may suffer damage if copies devalue his original.
But he has to prove that he is damaged and has an actual loss.
Even though he/she is not the original artist do they have the right to seek damages based on the duplication and copy of the artwork?
The artist has sold the piece or service and has no material ownership rights other than perhaps retained copyright.
What remains, if any, his/her rights of recovery beyond this?
I question this based upon this example that many of us already know about.
About 25-30 years ago much of the engraving work on firearms in the US and even in Belgium was based upon the duplication of high grade factory patterns to upgrade or add engraving to lower grade but good quality Winchester, Colt and Browning guns.
These original designs were developed in the factories and owned by them.
We all know that these factories had lawyers and were well aware of all the copyrights.
I can only assume that they must have deemed it would be unprofitable to attempt a lawsuit to recover damages based upon this as I never heard of a case filed against an engraver or even a Cease and Desist letter.
Do you think that the possible recovery an award of damages for the duplication of a copy or two of an engraving would cover the cost of time, money and heartache involved in pursuing such a lawsuit?
To answer my own question, I would have to say no as a practical matter.
As engraver/artists we might not like it and get puffed up.
And fellow engravers may give us support and TLC.
Unlike the theft of the intellectual rights and mass duplication of a piece of recorded music, a video or movie the theft of one or two copies of an engraving do not have enough recovery value to reward the plaintiff’s time in my opinion.
Look forward to reading other engravers practical opinions.
Best regards.
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