A few weeks ago I left a set of antlers with another taxidermist. He was working on a form and claimed he needed a large set for the perspective on sculpting this Arnold Swatsadeer So I left them feeling they would be fine. Dropping by his shop totally unannounced a few weeks ago, I find they have been copied, not just once but several times, he also has added a dropped tine or two, shown this deer in Memphis and also on a lifesize with these antlers.
It is my intention to go to the P.A. in the county where he lives and file a complaint. This crook has done deerheads for the Prosecuting Attorney.
Question is in other cases has this been civil or criminal?
Thanks John C
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Sounds like another case from that supply company. It's a shame he has done this and you should do what it right. Good luck and keep us posted.
Everything I can see here points to a civil,if at all, law suit. Besides you stated that the copy was altered from the original.Sorry John, I don't see a class action here.
John, as an artist, I live and die by copyright law. The basic balance for copyright infringement is that a specific copy must be an exact, or nerly exact copy of an original work. Copies that vary by a margin of 25 percent from the original are not considered copies. If you had no prior copyright pertaining to the antlers, you probably don't have much of a leg to stand on. Since the antlers are not an original work of art or design, I cannot see where copyright law would apply.
The unauthorized reproduction of a personal object for profit would make for a civil case, but it would probably cost you much more than it would be worth to pursue the matter. I recommend a swift kick in the pants or a punch in the nose. Mind you, I am not saying that you would be wrong to pursue it, but not being an attorney, I have no idea on what grounds you could sue to obtain satisfaction.
Not trying to be a wise guy but whats the problem? Unless they were a set of reproductions you produced yourself I don't understand why you would have a problem.And like someone else posted unless you had a copyright on the antlers in question on what grounds could you build your case. And if he is the DA's taxidermist your'e likely to have even a harder time. They are only antlers John, lighten up.
Whats so special about your antlers?
I'd be more peed that you showed up unannounced......
Is my deer ready yet? is my deer ready yet?
I sold the originals for a very fair price and the argreement between the purchaser and I is they would only be reproduced three times.
To futher the problem the copimg taxidermist is now claiming they were killed in northern Missouri where he is try to sell hunts for Grand River Outfitters.
I harvested this buck in Unit 14 in Kansas several years back.
I still will show the P.A. field photos and the papers on this buck.
I have all they time in the world to wait to expose the rearend as a fraud and will!
Jim and Al would you not be wet hornet mad, had a rearend done that to you?
What sort of ground do you have to stand on even if the purchasher agreed to only reproduce three times.
We're not talking about artwork here which is instantly copyrighted
by the artist.
If I do a layout or an illustration for a customer and they take it somewhere else to be reproduced, I have a legal precident to back
I wouldnt be mad because I could care less if someone reproduced a set of my antlers unless it was a "Hole in the Horn" type buck.
With a set of antlers like that I have potential income that you'd be taking from me! Maybe I'm missing something.
Yeah, If I said I wouldn't be mad you would know I'm lying wouldn't you. Besides even if I wasn't mad about the antlers I can't stand a lier or a crooked outfitter. Got yourself a pretty nice set of antlers there don't you.
Ditto to the shadey stuff Jim.
John did you sell the rack prior to the incident, or afterward? Your having sold the rack clouds the issue in my mind. If you were the owner of the antlers at the time they were replicated, then you can file for compensation or relief as a model provider. It is unlawful for your personal property to be utilized in any commercial manner without your written permission or a binding agreement between parties. Displaying your property or copies of your property without written permission would be covered by the "Vanna White" law (Vanna White vs Sony Corp.).
The above example has nothing to do with copyrights. If you had sold the rack prior to delivering it to the offending party, then you could be culpable as an accessory to the reproduction if the rightful owner decided to take action. The use of a Kansas kill to advertise hunts in another state is unlawful under numerous CFR's and FTC regulations. There is court precedent in several states to reference where fraudulent advertising claims are concerned. Any advertiser who had allowed paid advertising with fraudulent content would be very interested in your claims, since they are obligated by fairness to represent the truth to their subscribers.
I still think that what was done is grounds for seeking physical satisfaction. I may be an old fashioned hot head, but I would kick someone's butt, or die trying if someone did that to me.
What does #54BTR mean?
The full back off left tackle with a fake boot leg right to me.
I harvested the deer in Kansas as a legal Kansas resident while in the service.
A very substantial offer was made to me for the antlers, I accepted it.
The stipulations were that only three copies of these antlers could be made. I have one of the three, I know where the other two legal copies are.
I loaned the A.Hole my copy, which he copied and is now making large claims about.
He has nothing of value to get judgment against.
He has also copied a set belonging to another collector whom is out of state.
I am mad, I will run some disclaimer advertisments about the hunts.
No use filing papers unless the P.A. wants to for criminal charges.
Tonight I found out that several of the people that booked hunts with Grand River Outfitters went around this clown because of his personality and such.
For me its no big deal as time is on my side as I also found out he has collected sales tax for the past four years and not paid the state what is rightfully thiers.