As a retailer of hand-crafted furniture I have had good relationships with several builders for a number of years. I have provided drawings to scale with dimensions and the builders have taken it from there. To ensure integrity in the small details, I supply all decorative hardware, and also take the work from unfinished to finished in my own shop.I have attempted to ensure that what I presented was not a “knock-off” of another manufacturer, although admittedly, since the work is pretty traditional, some design details appear similar to details in other work. But in general what I present does appear to me to be generally unique.
Recently, one of my builders has stated that he would like to be able to offer his work employing my designs to other showrooms. I suggested that I thought this was unfair, and, in fact, I believe that by supplying the design I own copyright as long as the number of each design built does not exceed a
certain number. It is my intention to spend a considerable amount of time and money to present these pieces to a broader geographic market, and I sincerely believe that we both would benefit. My builder feels that I am being to “restrictive”. My response is that he is free to build whatever he chooses for whomever he chooses as long as the designs are substantially different from mine. For example, to change just the overall dims of a piece would not be sufficient.
I know I am talking to a community of furniture makers, and so I respect your opinions on this impasse we seem to have reached. What would your response be to me in this situation?
Respectfully,
Charles
certain number
Replies
Clarify the copyright position
Depending on how high the stakes are, get some legal advice
But I think you'll find the law is of limited help, that you don't have much copyright protection, and that your best option is to negotiate a suitable outcome that delivers some benefit to both of you
Good luck
Edited 7/11/2003 3:34:23 AM ET by kiwimac
This is an excellent question on a topic receives too little attention (IMO) and I confess that I'm uninformed about. I have no insight to offer but hope that you will continue to post your progress on this so that we can all learn from it.
I agree with the poster who said to work out the best deal you can. Copyright protection is reasonably well laid out in law, however, exactally how much justice can you afford? Unless you have plans to be a world beater in the business, the cost of a legal action will far outweigh anything you may get in return. Does anyone remember the Hula Hoop, or Pet Rocks. Both ideas sold millions and were ripped off. The cost of litigation in both cases proved to be more than the return. You may be better served to market your creations as the origional, and emphisise quality.
Thanks for the suggestions. I wonder whether companes like Thomas Moser, Stickley, Barbara Barry etc have these concerns and whether they go to the expense of design patents. I do remember once reading about Moser going after a company like Harden over his "Dr. White's Chest"
If I were one of your builders, you wouldn't have the problem. I am a huge advocate for creative rights. If your designs are unique enough to be copyrightable, then the builder hasn't any rights to the design at all.
Your best approach may indeed be one of compromise. Perhaps you can license the design to the builder, it that is acceptable to you. Talking to an attorney wouldn't be a bad idea for you. An hours worth of advise will be money well spent. I know from experience that people don't want to go to court. A well written letter from an attorney to the builder may end the situation right there.
I doubt that without a previously endorsed non-compete agreement, you do not have a leg to stand on or a hook upon which to hang your hat.
If the other individual is sufficiently smart, he/she could slightly modify your design and run with it (all the way to the bank).
It would be my suggestion, since the individual is in need of additional work, to negotiate with him/her about your overall expansion plans and that you continue to work more cooperatively with him/her in your venture.
Charles, in the course of my work I get to spend more time than I like with inelletcual property attorneys. After reading your post I spoke with our internal counsel to see what I could find out. In a nutshell here is what he said:
1) Copyrights apply to any info that can be set down on a tangible medium (paper). You do not need to claim something is copyrighted to actually have the right. So, in essence your drawings that you gave to the fabricator are protected by copyright.
2) Your contract with fabricator in effect licensed him to use the drawings for the purpose of creating your pieces. Use beyond the "implied license" infringes on the copyright.
3) Now the bad news, because the designs were modified you really do not have much of legal leg to stand on.
4) And consistent with what everyone else here has said, if you gotta get a lawyer to settle it you are already out more than you'll recoup.
5) Design patents are pretty useless. Any small change to a design invalidates the protection they provide.
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