Just heard about this a bit ago, and it's terrible. Yes I have seen the imitator's knockoffs quite around and they are poorly done too. Donate if you can or at least just spread it around?
[link] The article
[link] Fund raising
I've copied (and slightly edited the links off of it) the article in case anyone doesn't feel like going straight to the page. However I suggest going to the site itself to view all the links and images. I shall also post this info on Facebook/etc...
The Article
I need your help. My original art has been copied by a manufacturer who is now suing me in federal court to overturn my existing copyrights and continue making knockoffs. I have a strong case, a great lawyer and believe that if I can continue to defend myself, the case will be resolved in my favor. If I run out of funds before we reach trial, a default judgment would be issued against me and could put me out of business. I don't believe my opponent can win this case in court and I don't believe he really intends to try. I believe his goal is to use strong-arm litigation tactics to force me to keep spending money or risk losing my copyrights — not by true adjudication, but by default if he is able to outspend me.
There's a lot of information in this post because it is a complicated story. If you care about the arts, or work as a creative professional, I hope you will read it and send this post to anyone you think can help.
I did not initiate this lawsuit, but am defending my art, my creative rights, my reputation and my livelihood against attack. I've already spent over $50,000 out of pocket in defense of my original designs.
Seeking a judicial ruling in federal court will cost more than any artist or small business can afford on it's own, but attempts at settlement have been unsuccessful. I am holding a fundraising sale of my artwork to finance a defense in court. If you can contribute to the fund or share this story with others to help raise awareness, it would mean the world to me.
Feel free to
email or call me at 231.584.2710 if you have any questions or want to help.
Thank you,
John T. Unger
Imitator Sues Artist to Overturn Copyright on Sculptural ArtFirePitArt.com, LLC and owner Rick Wittrig have
filed suit against me in federal court seeking to overturn my formally registered copyrights in order to continue selling unlicensed knockoffs of my work. He argues that my original Artisanal Firebowls are not properly classified as sculptural artwork, despite the fact that Wittrig sells his copies at art fairs, describes himself publicly as an artist, and even uses the word art in the name of his business. When Wittrig first launched his website he offered only six designs of firepits all of which bear an uncanny resemblance to my Artisanal Firebowl sculptures. One of these even initially bore the exact same name as my Waves O' Fire. He appears to be mass-producing these designs, and is selling them at discounted prices on several of the largest internet retail sites devoted to outdoor living. Prior to the launch of his website, I have been unable to find any documentation of Wittrig making any original art.
I have gained an international reputation for my Artisanal Firebowls, unique works of art hand-crafted from 100% recycled propane tanks which I have been creating since 2005. I’ve worked hard to build a reputation for honesty, quality work, customer service and approachability. I am concerned about people confusing my art with the work of another because I have no way of insuring that they experience the same quality, attention to detail, and integrity. When Wittrig began selling his firepits which so closely resemble my work, I began seeing instances of confusion over authorship almost immediately. An artist messaged me on Twitter, believing she had met me at a Tennessee art fair. Photos of Wittrig's firepits were posted to a blog and mistakenly attributed as my own. I got an email from a landscape architect I had discussed commissions with in the past. She wrote:
"
I met this guy at a local festival this weekend and his work was so similar to yours I went over and introduced myself. Something was not right, but I was not sure that it was not you until I came back and checked your site... I was excited to meet (you) in person and he was aloof...? I am aggravated now knowing that he allowed me to go on and never said that I must be mistaking him for someone else."
This email was a kick in the gut on so many levels. Not only had my most popular and well known artwork been copied, but the imitator had also offended a client who might easily have continued to believe he was me.
Concerned about preserving my reputation and rapport with art buyers, I sent a Cease and Desist letter on April 30th, 2009 asking that Mr. Wittrig cease manufacturing the designs which were being confused as my own. A letter of flat refusal came back in response. In further correspondence, I explained my concerns over confusion of authorship, provided his attorney with copies of the copyright certificates as well as the original photos used to apply for copyright. I stated clearly that I have no objection to him creating original works that could share the marketplace in their own niche. Several times in the course of correspondence, I asked Wittrig to provide any evidence that his designs were original works. Given the opportunity to deny copying my designs, Wittrig did not— he only asserted that he was within his rights to continue making them on a large scale. Then he filed suit to have my copyrights removed, as well as for damages and legal fees.
By suing me first, Wittrig has created a situation where a default judgment will be entered in his favor unless I am able to finance a full defense in court. I did not initiate this lawsuit, but am defending my art, my rights, my reputation and my livelihood against attack by a manufacturer. I've already spent over $50,000 out of pocket in defense of my original designs. Seeking a judicial ruling in federal court will cost more than any small business can afford on it's own, but I fear it may be the only way to resolve this dispute. My hope is that the community which has been so supportive of my art over the years will continue to help me in this dire time.
How you can help raise money for legal defenseIn an attempt to come up with an affordable work of art that could be used to finance our defense, I was inspired to create the Fire Imps. This new series of small table top sculptures is the most playful, energetic and touchable work I've done in years.
The Fire Imps are available only on Kickstarter.com. Pledges must be received by November 7 when the Kickstarter project ends.
Fire Imps Steel table top sculpture with powder coat enamel finish
Six series of 100 signed and numbered tabletop sculptures in recycled steel.
Editions by color: Natural Steel, Red, Yellow, Orange, White and Black.
1$-500$ Pledge
I'm also offering a discount on my four most popular Artisanal Firebowls, exclusive to supporters of our Legal Defense Fund. Please note that because I am not a non-profit corporation, the IRS will regard your purchase or contribution as a sale and not a donation. (200$ discount)
How you can help raise awarenessI feel this is an important story for anyone who loves the arts.
It is important for other small businesses and especially for those of us who make our primary living online. Before this attack, I was not even aware that copyrights could be challenged in court. These issues affect artists, bloggers, journalists, freelancers, designers and pretty much everyone who makes their living through creative, original work.
1. If you have a blog, please write a post and link to this page. Feel free to quote as much of this post as you like or to write about it in your own words. It is important to stick to the facts and to avoid derogatory language.
2. If you know any journalists or bloggers who would be interested in this story, please send them a link and ask them to help.
3. Use Twitter, Facebook, forums and other social networks to help spread this story.
4. If you are an artist and use Etsy, 1000 Markets or ArtFire please tell other artists about this case in the forums there.
5. If you have an email newsletter, consider sharing a link to this story with your mailing list.
6. Tell your friends.
7. Email this post to a friend.
8. Throw a benefit party to help raise awareness and funds.
9. Alert your local arts council, library or schools.
10. Be creative.
I've always been very open about how I was able to use the internet to build a successful business. I've spent countless hours writing articles, interviews and tutorials to help other artists succeed. I'm not afraid of competition or sharing the market and I believe that there's room for every independent creator to share their original work and profit by doing so. I've worked as a consultant with companies like TypePad, PayPal, and 1000markets.com to make it easier for all artists to sell their work online. My concern in this case is not about losing money on sales. It is that the reputation I've worked so hard to build will be tarnished if people confuse copies of my work with the real thing.
About 98% of my sales come to me via the internet, including wholesale, gallery and publishing contacts as well as individual customers. All it would take to destroy the trust I have built would be a handful of people attributing a bad experience to me if it happened with someone else. My reputation for original thought, authorship and integrity are at stake, which is the core of my artistic practice.
How this affects others
I trust in the legal system to make the right choice in this case. As written in the U.S. Constitution, Article I, Section 8, copyright laws were created to “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” The US Copyright Office approved my designs as sculptural artwork and awarded me certificates of copyright as the originator of these designs.
I feel a duty to see that those laws that protect original creative endeavor are not weakened for other artists. Only 1 or 2 percent of fine artists ever manage to make a full time living with their art, and when that happens, there is always the risk that their work will be copied. This is why the law is so important: To protect the rights of artists who have devoted an entire lifetime to learning their skills, developing their style, testing and refining their ideas and finally, finding a way to provide for themselves with original works. Unfortunately, few independent artists can afford to protect their rights in court, and whenever these protections are eroded, it weakens the law for all of us.
As an artist, I am also an independent business owner who supports a family, pays taxes, and supports other local businesses through the sale of my work. I employ two full-time assistants who depend on the income I provide. I pay a bookkeeper and accountant, a sales rep, consultants, writers and editors. I carry insurance for workman's comp and liability. Well over 50% of my income is spent on suppliers, from scrap yards to freight carriers. The fact that I am able to sell my work globally and bring money into the Michigan economy (one of the worst in the nation) is something that I am very proud of and I feel pretty good about the fact that I can help people pay their bills while larger companies are laying people off left and right. There are not a lot of successful businesses or job opportunities in the area of Michigan where I live, and the income I make from my art and spend in the community is important to the people I support.
It is important to me to protect my customers and potential customers from being taken advantage of, and it is important to protect the value of art purchased by my existing customers from being diminished. People don't just buy my work because it is beautiful… they value the originality of the design, the stories and thoughts about my life and work that I've documented in print and online, my persona as an artist and the personal interaction when I communicate about what I am making just for them. All of my firebowls are made to order for each individual client, and there is often a pleasant exchange via phone or email regarding the work. I work hard to insure that everyone who has ever purchased my work is happy with what they receive.
How I'm working to turn disaster into opportunity
I didn't give up when I was unemployed for an entire year in the last recession, I didn't give up when my studio building was destroyed, and I'm not going to give up now. I believe in turning disasters into opportunities. I have used this opportunity to learn more about my work and why I do it. Rather than sit on my laurels or fold under pressure I have decided to work harder, smarter and better to improve my art and my business. I've hired new staff, created new designs, started new projects. I've invested in beautiful stainless steel nameplates to distinguish my work and will be sending Certificates of Authenticity to all buyers past and present. I've learned to use a client database to manage workflow and insure that I always respond in a timely fashion. I've continued working on the design of a new studio building with architect Greg Lavardera. I've worked with business consultant Howard Mann to craft a three year plan for my business. I've done several redesigns of my site to make it easier to use. I've developed new relationships with galleries. I've made new friends, written more articles and continued to help other artists. If our panel is selected, I'll be speaking on art and business at SxSW this year with Hugh MacLeod, Amrita Chandra, Mary Anne Davis and Hazel Dooney. No matter how this ends, I will continue to make the best art I can.
A life in the arts is all I have ever really wanted. After more than 20 years of working towards that goal I have achieved success: my work has been shown in museums internationally and I've sold my art all over the world. My art and my stories have been featured in books, magazines, radio, TV, newspapers, even college level textbooks on art. It isn't easy to make it as an artist and I didn't have a lot of initial support. When I started my art business as a full time occupation I was homeless, $20,000 in debt, and had few tools but a laptop. I joke that “I did it with nothing, because nothing is free,” but there’s truth in this… I built what I have now from the ground up because I was passionate enough to keep doing the work no matter what else happened.
I don't understand why a person would fight as hard as Mr. Wittrig has to profit from the work of another. It baffles me because I have devoted my life to making things which are unique and to marketing them as unique items crafted from a detailed personal philosophy. I don't view original artwork as a commodity. I have no interest in imitation. If he had spent the time, energy and money that has gone into this lawsuit on designing original work, with its own story and its own unique appeal there would be plenty of room for both of us to succeed on our own merits.
End of Article
Devious Journal Entry
Pain
Family 
Friends 
I'm Part Of... 
Recommended Looks 
Irritated
Distracted
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Amused
