Venutian_Lures Posted July 22, 2015 Report Share Posted July 22, 2015 This might be a hot topic for a few people, or pinch some nerves, however I thought it should be brought up at some point if it hasn't already.I am all for people being inspired by my work, but what is the appropriate action to take when you find someone out right copying your paint jobs? Legally I don't believe there is anything anyone can do unless each pattern is trademarked or something along those lines. It's just a little aggravating to spend hours creating a paint job from scratch, to then have someone copy it color for color, markings for markings etc. I've run into this situation only a handful of times, and not all the times has it been someone copying me. In the past I've lightly confronted them just saying I would appreciate it if you tried using your own creativity.However this one I am about to discuss may be a legal matter? The only reason I bring it up now is because lately it has been negatively affecting my business. I recently had a prospective customer accuse ME of being the copy cat, and he then linked me to a new artists page that literally blew my mind into pieces. This person had every single pattern I've ever done reproduced (to the best of their abilities), as well as a few other artists patterns, and none of them had been changed, at all. Not only were the patterns identical, but they were marketing their baits as directly painted by me and other artists, which they absolutely were not. After having a conversation with the prospective customer and giving him all the proof he needed to see that I was the original creator and owner of my brand, he settled down. Further digging uncovered that the copy cat is young, very young, and is probably just trying to make a quick buck or doesn't understand ethics and morals yet at his age. I would like to know how to easily approach this situation without turning it into a legal matter because of the false claims that he is all these other companies, because if one of the other artists he is copying finds out....that person is not so nice about it. Quote Link to comment Share on other sites More sharing options...
barr5150 Posted July 22, 2015 Report Share Posted July 22, 2015 In my opinion, unless the paint jobs "he" copied were copyrighted or trademarked I doubt there is anything legally you could do. Now, if "he" is selling items as work you did and didn't, I would think that would be a different story. Personally I've followed your paint work for awhile and it's good, real good. Unfortunately that's why your being copied. I'm not saying by any means that it's right but when you stand out your being noticed, by customers and vultures. There's allot of smart people on this board, hopefully someone can help. Good luck! 1 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 In my opinion, unless the paint jobs "he" copied were copyrighted or trademarked I doubt there is anything legally you could do. Now, if "he" is selling items as work you did and didn't, I would think that would be a different story. Personally I've followed your paint work for awhile and it's good, real good. Unfortunately that's why your being copied. I'm not saying by any means that it's right but when you stand out your being noticed, by customers and vultures. There's allot of smart people on this board, hopefully someone can help. Good luck! The initial copying of paint jobs is flattering at times, my main issue was that baits were being marketed as painted by me and they weren't. I'm pretty sure if he were just copying I couldn't do anything other than to express my displeasure, you're right. I however am not ok with these products being marketed under my companies name. It's also not just my company he is trying to....imitate? If that's the correct word. I don't want to release any names because chaos might ensue. Thank you for the compliments though! I definitely am ok with people drawing inspiration from my work. 1 Quote Link to comment Share on other sites More sharing options...
Travis Posted July 22, 2015 Report Share Posted July 22, 2015 I would do absolutely nothing and usually don't even give it a thought as far as "copying" by others. In regards to paint I would have a hard time calling this individual out....are those cranks original design or knock offs you are selling? I see it hard to take some sort of moral high ground, if using knockoffs, on someone using similar paint schemes Now if the individual is selling baits and claiming they are painted by you that is fair game to contact them if you feel so. Legal would be one of those things that opens a can of worms. Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 I would do absolutely nothing and usually don't even give it a thought as far as "copying" by others. In regards to paint I would have a hard time calling this individual out....are those cranks original design or knock offs you are selling? I see it hard to take some sort of moral high ground, if using knockoffs, on someone using similar paint schemes I currently have 1 bait that is an original design, 1 true "knock off" and the rest are legit Lucky Craft's, Mega Bass etc. The only reason I bring it up is because of the fact it is having a negative impact on my business, otherwise I would have probably just brushed it under the rug and forgotten about it. I was contacted about refunding baits that I never touched, and someone tried to file a paypal claim against me for the baits that are being marketed as me, that aren't me. I just don't want it to happen again because it was a headache and a half to deal with. 1 Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted July 22, 2015 Report Share Posted July 22, 2015 I would contact the individual and give them a chance to stop using your name. If he tries to defend his position and refuses to stop using your name, then a very public naming and shaming would be perfectly in order. Regardless of patents, copyrights and all the rest, there would be merit for a court case. But no one wants to go to that kind of expense and all the stress. The kid obviously has a lot of skill just to be able to copy your artwork and others, he just has a few lessons to learn in ethics and credibility. Once he gets his head straight I am sure he will do well and earn the respect that he craves on his own merits. Dave 2 Quote Link to comment Share on other sites More sharing options...
Travis Posted July 22, 2015 Report Share Posted July 22, 2015 Problem with lawsuits and small lure makers "business" is you better have been running it legit with regards of reporting of income, taxes paid, etc....... Otherwise you would be fool to take it to court. Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 Problem with lawsuits and small lure makers "business" is you better have been running it legit with regards of reporting of income, taxes paid, etc....... Otherwise you would be fool to take it to court. Oh trust me, my taxes are paid in full! Quote Link to comment Share on other sites More sharing options...
JRammit Posted July 22, 2015 Report Share Posted July 22, 2015 Sounds more like "identity theft" than copying Whats the difference between making a purchace in someone else's name and selling a product in someone elses name? I agree, getting the law involved is rarely beneficial to either party.... But when you contact this kid, i would mention this 1 Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 (edited) Let's not confuse a Trade Mark, a Copyright and a Patent: A Trade Mark is a recognizable sign, design or expression which identifies products or services of a particular source. A Trade Mark indicates source or serves as a badge of origin. A Copyright grants the creator of an original work exclusive rights to its use and distribution. Copyright applies to creative, intellectual or artistic forms of work. A Patent is an exclusive right to an inventor of a solution to a technological problem and is a product or a process. So, the paint job on a lure/bait is a work of art and thus can be copyrighted. But, if someone changes a color-tone, moves a line or replaces the position of a dot, there is nothing that can be done. If, however someone makes exact copies of a copyrighted work of art and claims it as theirs, it is considered theft and is punishable by both the law and civil litigation if it has profited the perpetrator. So, always file for a copyright on your art work....It is all you can do, for what it is worth. Edited July 22, 2015 by saltwater 2 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 Let's not confuse a Trade Mark, a Copyright and a Patent: A Trade Mark is a recognizable sign, design or expression which identifies products or services of a particular source. A Trade Mark indicates source or serves as a badge of origin. A Copyright grants the creator of an original work exclusive rights to its use and distribution. Copyright applies to creative, intellectual or artistic forms of work. A Patent is an exclusive right to an inventor of a solution to a technological problem and is a product or a process. So, the paint job on a lure/bait is a work of art and thus can be copyrighted. But, if someone changes a color-tone, moves a line or replaces the position of a dot, there is nothing that can be done. If, however someone makes exact copies of a copyrighted work of art and claims it as theirs, it is considered theft and is punishable by both the law and civil litigation if it has profited the perpetrator. So, always file for a copyright on your art work....It is all you can do, for what it is worth. huh, interesting! I didn't know paint jobs could be copyrighted. thanks for that little tid bit of information. Quote Link to comment Share on other sites More sharing options...
barr5150 Posted July 22, 2015 Report Share Posted July 22, 2015 So, can the lures be copyrighted, yes. But can any of us afford it? I know I couldn't. The business side of what we do sucks. Quote Link to comment Share on other sites More sharing options...
woodieb8 Posted July 22, 2015 Report Share Posted July 22, 2015 spray on sir. I have had custom colors copied. its a reality in business. after over 30 years I have seen some pretty downright cutthroat actions. hold yer head hi. the more popular/succsessfull you become the more bullets you dodge. its business. 1 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 spray on sir. I have had custom colors copied. its a reality in business. after over 30 years I have seen some pretty downright cutthroat actions. hold yer head hi. the more popular/succsessfull you become the more bullets you dodge. its business. pssst, I'm a female ;P Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 (edited) No, you cannot apply for a copyright on a lure, however you can apply for a copyright on the original artwork on a lure. You can apply for a patent on a new lure design or a new process for making a lure or a new process for coloring or treating a lure, not on the art work on a lure. You cannot apply for a trademark for art work on a lure or the invention of a new lure. You can apply for a trademark symbol only for your business or company etc. As a patented inventor I am familiar with this subject. Edited July 22, 2015 by saltwater Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 The cost for registering a copyright for an original work of art depends on several factors. Not including government fees it can be done for you at a cost $114.00 or so. You can do it yourself and just pay the government fees and nothing more but, it is best to spend the money on a professional to do it for you. My personal opinion. Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 For a copyright, the Government fee for registering a single original work of art is $35.00. Quote Link to comment Share on other sites More sharing options...
BobP Posted July 22, 2015 Report Share Posted July 22, 2015 I say forget about copyrighting, etc. All of that is worth only what you are willing to spend in legal costs to defend and I can't imagine a custom builder coming out ahead in that equation. What I would concentrate on is the false use of your company name in his advertising. It costs nothing to send a letter threatening him with legal action unless he desists from doing that. In many cases that works since the recipient is usually ignorant of the legal environment. Even if he knows it's impractical for you, he'll be unsure whether you are made enough to do it anyway. 2 Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted July 22, 2015 Report Share Posted July 22, 2015 Bob is right, the main issue here is the use of your name, not the artwork copying. I was going to suggest that you go round and beat the .... out of the impudent little brat, but that would not be very lady like. It would make a great video though Dave 2 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 Bob is right, the main issue here is the use of your name, not the artwork copying. I was going to suggest that you go round and beat the .... out of the impudent little brat, but that would not be very lady like. It would make a great video though Dave hahahaha! yes I think we can all agree the main issue is the "identity theft" of my business name being used, because let's be honest....there will always be copy cats and so on. However this is the first time I've encountered someone trying to emulate my entire business, name and all. I think I will sending an email in regards to my business name being used. 1 Quote Link to comment Share on other sites More sharing options...
RayburnGuy Posted July 22, 2015 Report Share Posted July 22, 2015 Emails are the most popular way of contacting people these days, but a certified letter would come a lot closer to getting a reaction out of this kid. I'm not sure, but if he's a minor his parents might have to sign for the letter and that would make them aware of the problem as well. And if they're any kind of parents at all maybe THEY will kick the snot out of the little bugger. Ben 2 Quote Link to comment Share on other sites More sharing options...
jonister Posted July 22, 2015 Report Share Posted July 22, 2015 id be impressed to see someone copying your work to a T! i know i couldnt do that in a millian years! Dave that also sounds good. hahaha . ill bet a nice letter would suffice though. 1 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 Emails are the most popular way of contacting people these days, but a certified letter would come a lot closer to getting a reaction out of this kid. I'm not sure, but if he's a minor his parents might have to sign for the letter and that would make them aware of the problem as well. And if they're any kind of parents at all maybe THEY will kick the snot out of the little bugger. Ben hmmm good idea you've got there. It might just be the ammo I need to let him know I am serious. Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 id be impressed to see someone copying your work to a T! i know i couldnt do that in a millian years! Dave that also sounds good. hahaha . ill bet a nice letter would suffice though. Well, I wouldn't say every dot is in the exact same location, but the colors are spot on, the way the design is laid out is spot on, eye colors spot on, he even signed them with my company name. About the only thing that is different is the signature and technical skills of how the bait looks. I have no issues with someone taking a colorway and molding it into a different pattern or adjusting shades etc, but he didn't even go that far. To look at them side by side you can tell there is a difference but it is only in technical abilities and hand writing. It's not that hard to copy me, I've just been airbrushing for a long time! Quote Link to comment Share on other sites More sharing options...
bass100 Posted July 22, 2015 Report Share Posted July 22, 2015 If you can prove that his customers are buying the product because they think it is done by you then you have a very strong legal case and can receive some if not all of the profits he has made as well as the cost to repair your good name if he has tarnished it in any way. Simply tell a lawyer that you will not pay anything but anything he gets he can keep. You would be surprised how hard they will work for you when you do that. Secondly if he is not legit then a court case gets even easier. Being copied is part of the game but if someone sold products using my name then a court case is immenent. 1 Quote Link to comment Share on other sites More sharing options...
