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Beware of jeweller

Posting this with _graywolf_'s permission.

A while ago _graywolf_ designed a Celtic fox ring for a good friend of hers. Her friend took the design to this jeweller to have the actual ring made.

Some time after that _graywolf_ went to look at the site because she wanted some personal jewellery made and was shocked to find the jeweller was selling pendants of the fox head design from the ring. She had never given permission to either her friend or the jeweller for the design to be used for anything but that one ring.

Graywolf got some information from a lawyer and contacted the jackass jeweller.


The letter;

January 15, 2007

Subject: Copyright Infringement Issue – Celtic Fox ring design

Mr. Brecher,

A while ago one of my commissioners, Mr. Martin Miels, commissioned me for a one of a kind ring design that was to be realized by a jeweler of his choice. As solid contract I keep all rights to anything I create, unless copyright is bought from me. I gave Mr. Miels permission to get his commissioned design made, on a one time only contract, and derivative work isn’t allowed without written consent.

It has recently come to my attention that on your website and within your virtual company, you are using part of my design (the Celtic fox head) as pendant designs. If I gave you permission to use my design or part thereof for your own business, please provide me with my written proof. Absent such valid authorization, I demand that you immediately cease and desist from the use of any of my copyright protected works. Please confirm in writing or email no later than January 23, 2007 that you have ceased completely your unauthorized use of my work. If you fail to take the required actions by January 23, 2007, I reserve the right to protect my valuable artwork, including without limitation, seeking under U.S. Copyright Law, contained in Title 17 of the United States Code, Chapter 1, Subchapters 106-122 inclusive, state law and common law, any available profits of your organization, actual and treble damages, attorney’s fees and injunctive relief precluding further use of my artwork.

If you have any questions concerning the foregoing, please feel free to contact me.

Sincerely,

Ingrid “GrayWolf” Houwers
Artist

___________________________________________________________________________

The reply;

Hello Ingrid,

I understand the point that you are trying to make regarding copyright law.

No, you did not give me permission to use any part of the fox head designs, but
it was implicit in my contract with Martin Miels that there was no barrier to my using
the design, the fox head pendant in particular, as an item available on my web site.

Although I personally believe that the design is really pretty, there has been absolutely
no interest or orders by any of my visitors or customers in purchasing a copy of it.

I've recently come out on the winning side of a lawsuit lasting nearly 6 years. I was
awarded a monetary judgment of $286,000 + 7% interest for about 4 years. Sadly,
I have too much experience with lawyers and most suits, copyrights or otherwise are
very much a gamble for both sides. The biggest winners are always the lawyers.

I am prepared to defend myself, my business and my actions. It is just part of my nature.

Despite all of the above I WILL be removing any and all promotional materials referencing
the fox head design within the next few days; as I mentioned none have yet been sold.
Perhaps it doesn't look sufficiently Celtic, even though it really is beautiful.

Feel free to file Copyright Infringement charges against me if it might please you. You might
win or you might lose; same for me. Legal actions are exciting and can give us much to
talk about and write about. Feeding lawyers, like feeding sharks, can be very expensive and
very dangerous...but, again, very exciting.

The lawyer who helped you write the fax was very good! I hope he told you the downside
possibilities also.

Years ago I spoke with my attorneys regarding protecting my own designs with Copyrights.
The essence of his answers made it clear that for jewelry designs it was virtually impossible
to prevent "knock offs", duplications, of jewelry designs. I can effectively copyright a web site,
but not my own jewelry designs. I seriously doubt that your attorney would encourage you
to pursue such an action against ANYONE, including me, not if he is at all ethical.

Lastly, Ingrid, it was not at all necessary to send me such a threatening fax letter. I would have
been very cooperative if you had just asked for a commission or that I remove the pendant
from my site. I will do what I consider right, as I already stated above, but we would have both
felt better had you presumed me innocent and been "friendly" about it all.

I will do as I promised. You should do whatever you believe is right and smart. Regarding your
attorney; you may wish to get a 2nd opinion.

Got to go. We've got a very heavy ice storm here in Oklahoma and haven't been out of
the house since mid-day Friday...must get some shopping done now.

Sincerely, Hugh Brecher, WebMaster, CEO of My Celtic Rings, Inc



Think what you will, personally I think this guy is a filthy scumbag and I'll be discouraging everyone I know from patronizing his business.

Edit: Pardon me, I forgot to mention the site's url needs to be cut&pasted into your browser or it will forward you to the FBI site, oh irony of ironies. http://www.mycelticrings.com
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

cissa
Jan. 17th, 2007 03:53 am (UTC)
Quite a few commercial semi-custom jewelers seem to be charging a premium price for doing a custom design and NOT reselling it afterwards, or so it seemed to me when I was chacking out such sites. (I'm a jeweler myself.) In those cases, though, it sounds like the jeweler was doing the design, not merely fabricating another artist's work. I guess that situation is up to the people involved, as long as everyone is clear as to what might or might not be covered- even though it's not how I prefer to work myself.

It's best when all such "understandings" are explicit in the contract, certainly.
rakshepsaar
Jan. 17th, 2007 04:33 am (UTC)
Agreed. I'm not yet a good enough artist to have had a theft problem so far, but I'm taking notes of all the problems I see people having to construct my own very explicit TOS. X(

And this jeweler has the attitude of someone for whom jewel-work has become a job, not an art-form. It's really sad when money becomes so tied up with someone's craft that this happens.

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