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Association of Lifecasters International
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FORUMS
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Message |
Ed McCormick
Joined:
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21-Mar-2004
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Started On : 21-Mar-2006 at 02:30:03 PM, #Views : 7294
Topic Subject : RE: RE: copyright |
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The are usually two and sometimes three sides to a story. Guy has shared
his. I think that if something that is less than flatteringly can be said it
should not be shared with the group. So I will not go into any public detail
except to say Guys' recollection of the past differs substantially from mine
and those of others.
But that said, I was wrong regarding what I understood about what I owned
when I purchased a piece of art. To my surprise ownership is not complete.
During the last 5-6 years I began a collection of art that I purchased from
members to promote life casting. The costs exceed tens of thousands of
dollars. There are almost 18 pieces now. Those works are displayed on my
website - technically if you read below, in violation of copyright law of
each artist that created it. Since I just learned this I will remove all
such images by the end of the week and not promote members' works the way I
have.
Instead of calling me directly, a few weeks ago, Guy posted a cryptic
message on the forum. After reading several replies I started to think - is
he referring to me. Is that possible? I then contacted my patent attorney
and paid him a retainer to research the law as heresay gossip wasn't the
right path. He then quoted me a few days later the US law to which I was
completely and naively unaware. It follows:
35 U.S.C. 202 states that:
Ownership of a copyright, or of any of the exclusive rights under a
copyright, is distinct from ownership of any material object in which the
work is embodied. Transfer of ownership of any material object, including
the copy or photo record in which the work is first fixed, does not of
itself convey any rights in the copyrighted work embodied in the object;
nor, in the absence of an agreement, does transfer of ownership of a
copyright or of any exclusive right under a copyright convey property rights
in any material object.
In order to transfer copyright ownership, the owner must sign a
written agreement. See 17 U.S.C. 204(a). Where a writing is ambiguous as to
whether copyright ownership is transferred, the agreement is construed in
favor of the owner retaining his copyright. Effects Assoc., Inc. v. Cohen
908 F.2d 555, at 557 (9th Cir. 1990). The exclusive rights of copyright, for artwork, would include the
rights of reproduction, adaptation, publication, and public display. See 17
U.S.C. 106.
The day I received the letter I called Guy (Guy never did call me at any
time nor did he email me) I told him I was in shock about my
misunderstanding and that I would remove all images of the life casting
piece I owned - which incidentally I did within a half hour after we spoke
on the phone. But the puzzle for me is that Guy further complained that his
image was not in the ArtMolds Collection and wondered why I left it out.
I would be happy to discuss details off the forum to anyone who wishes to
discuss it.
Warmest regards
Ed McCormick
-----Original Message-----
From: aliforum@lifecasting.org [mailto:aliforum@lifecasting.org]
Sent: Tuesday, March 21, 2006 12:30 PM
To: info@artmolds.com
Subject: Fw: RE: copyright( Message No. 844)
-----------------Amazon.com ALI Sponsor -------->
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Hello Ed McCormick
Post Date : Tuesday 21st of March 2006 12:30:03 PM
Posted by : "Rosani Vieira" rosanisoubihe@ajato.com.br
Fw: RE: copyright:--
-----------------Amazon.com ALI Sponsor -------->
Three life casting DVDs available. Hands & Feet
Face Casting and Female Torso Casting. Available
through http://www.Amazon.com
-------------------------------------------------------->
Hello Rosani Vieira
Post Date : Tuesday 21st of March 2006 11:00:02 AM
Posted by : "Guy Louis-XVI" guy@louisxvimannequins.com
RE: copyright:--
Hi everyone
I'm glad that a lot of the members responded to this question about
Copyright, I do know my rights and so do a lot of the members. I
started this little posting for two reasons
1 - to make aware that our art works can be taken by someone else and
used without our permission.
2 - that some artwork can be taken innocently and used in a way that
was thought to be harmless.
This can happen to the best of us.
This is such a case that my work was used as an advertising label.
I created this lifecast of my Daughter "Stephanie" for our leader Ed.
This piece is very personal to me because this lifecasting was taken
when my Daughter was 15 years old and still wearing her braces. Also
my Daughter's wishes was not to have it publicly displayed, so that's
why it wasn't on my website.
Ed loved this piece and decided to showcase the piece on one of his
products "SkinRite 10".
Ed forgot to inform me of his decision to do so and went ahead with
the printing of the labels.
I spoke to Ed and he quickly offered to immediately remove the labels
from production for two reasons:
1 - this does not properly show what the product does, this sculpture
was not made with Ed's "SkinRite 10" product but was made with
"Smooth-On's DragonSkin" and "FuseFX" products.
2 - the photo that was taken for the label was not flattering and was
taken in a way that distorted the face. To me it looked like a can of
Tuna with Stephanie's face on the label.
All that to say that we all can make mistakes.
This is not the first time that this sculpture comes into question
Message # 108.
"...Post Date : Thursday 18th of November 2004 03:50:01 AM
Posted by : "Ed McCormick" info@artmolds.com
Member Advice:--
Dear ALI Members
Three years ago I sent a substantial check to one of our members as a
1/2
deposit for a piece of their artwork. Despite, phone calls, several
letters
and an in person request I have not received the artwork or the return
of
the deposit. I am not going to identify the artist yet. But I do
request
member advice on how I should proceed.
Warmest regards
Ed McCormick ..."
A few members responded:
"... Re: Member Advice:--
Public embarrassment is probably the best if they have not responed.
Next would be the specialist from Newark..."
"... It's unfortunate that you've waited so long. You may have gone
past the
cutoff time for legal recourse. Have you talked with your attorney? If
you didn't
have a signed agreement for the work to be done, etc. The courts may
not
listen. Here in California, I believe a person has two years to file a
small
claims court action.
To bad, but as **** said, maybe a visit from a friend in Newark could
assist.
Regards..."
"...My personal opinion is a) name and shame, b) threaten court action
(I think
such a thing is theft) and c) kick em out the gang, Ed!
If you have sent them many letters trying to get the piece then they
have
had plenty of chances to explain if there are any extreme personal
circumstances that have prevented delivery of the order or return of
cheque...so in my opinion their action (or inaction) is completely
unethical.
plus I want to know who it is, ..."
Well, you all found out it was me. Sounds like great help without
hearing both sides of the coin....
For the two years I kept calling Ed for him to come up and see the
process of creating my silicone sculpture. I was to show Ed how I
paint the silicone intrinsically, how I make the eyes from scratch and
punch the hair, eyelashes and eyebrows.
Since Ed doesn't live too far from me, I figured it would be a great
learning experience for him. During this calling period, Ed went
through some difficult personal times and I agreed to push his visit
back a few months, then we would get in contact again to set up
another date. This went on for a couple of years until Ed's posting. I
guess we sometimes forget why things happen...
Guy
ALI is an international organization whose members are engaged in the art
and creative industries. Its purpose is to promote the art of life casting
create public awareness of this unique art form, provide its members with
forums to exchange information, resources to enhance their effectiveness and
advance opportunities for their artistic success.
ALI is an international organization whose members are engaged in the art
and creative industries. Its purpose is to promote the art of life casting
create public awareness of this unique art form, provide its members with
forums to exchange information, resources to enhance their effectiveness and
advance opportunities for their artistic success.
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