Mike Fennell
Elite Cafe Member
Cristian, welcome. Your apology to Brian and your explanation of your motivation show that you have the right spirit.
Most engravers are generous about us copying their work for practice, but sensitive about seeing their designs being copied by others and placed for sale.
This issue has been covered several times on this forum in the past, and you can read all the related posts on this site.
There has always been some confusion among engravers as to ownership of a design, and I have attempted to clarify it in the past, but my opinion here is basically worth what I was paid for it. However, as I have at one time actually read the 1976 Copyright Act and some of the defining case law, I believe I am correct when I say that any design you prepare for your own spec piece, you own all rights. If the design was done to order for a client who is paying you for the design work, then the client owns all rights to the design except your "moral rights" and a few other rights which are defined in the Act and clarified in the case law. For better information than I can give, see http://www.copyright.gov.
Brian Marshall has given very good advice. Unless you intend to produce many copies of that design for sale, any attempt to prosecute offenders is expensive and often futile. A polite letter requesting that the person cease copying is the best remedy available to the average engraver. I know that such a letter from a Master Engraver like Brian Hochstratt, Sam Alfano, Mike Dubber, Christian DeCamillis, Joe Rundell, etc., etc., etc.., would certainly get my attention.
If you wish to copy for sale until you have developed your own designs, there is much public domain artwork by masterful engravers and artists which has never been subject to copyright. For my part, if I admire a design so much that I wish to copy it, I request a license to do so. I received a license free of charge from DreamWorks Animation SKG for the item published in Issue 96 of The Engraver Magazine, because I did not intend to sell the piece, but to present it as a gift. Most people are willing to work with you if you show that your heart is in the right place.
Most engravers are generous about us copying their work for practice, but sensitive about seeing their designs being copied by others and placed for sale.
This issue has been covered several times on this forum in the past, and you can read all the related posts on this site.
There has always been some confusion among engravers as to ownership of a design, and I have attempted to clarify it in the past, but my opinion here is basically worth what I was paid for it. However, as I have at one time actually read the 1976 Copyright Act and some of the defining case law, I believe I am correct when I say that any design you prepare for your own spec piece, you own all rights. If the design was done to order for a client who is paying you for the design work, then the client owns all rights to the design except your "moral rights" and a few other rights which are defined in the Act and clarified in the case law. For better information than I can give, see http://www.copyright.gov.
Brian Marshall has given very good advice. Unless you intend to produce many copies of that design for sale, any attempt to prosecute offenders is expensive and often futile. A polite letter requesting that the person cease copying is the best remedy available to the average engraver. I know that such a letter from a Master Engraver like Brian Hochstratt, Sam Alfano, Mike Dubber, Christian DeCamillis, Joe Rundell, etc., etc., etc.., would certainly get my attention.
If you wish to copy for sale until you have developed your own designs, there is much public domain artwork by masterful engravers and artists which has never been subject to copyright. For my part, if I admire a design so much that I wish to copy it, I request a license to do so. I received a license free of charge from DreamWorks Animation SKG for the item published in Issue 96 of The Engraver Magazine, because I did not intend to sell the piece, but to present it as a gift. Most people are willing to work with you if you show that your heart is in the right place.
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