Copyright is Supposed to Spur Creativity, not Stifle Competition
| In this corner, artist and metal sculptor of artisanal Firebowls, Mr. John T. Unger. In the other corner, Mr. Rick Wittrig, competitive purveyor of remarkably similar Firebowls. The dispute? Mr. Unger avers apparently unreservedly that Mr. Wittrig has copied his Firebowl designs. This is a big deal to Mr. Unger considering that he holds a copyright for the designs. Mr. Wittrig has responded, essentially stating that the copyright held by Mr. Unger is inappropriately applied and that He (Mr. Wittrig) is entitled to a copyright of his own. Really. For those who think Wittrig is attempting to generate profitable sales of Firebowls based on Unger's designs, without in any way compensating Unger, the situation is outrageous. For those who believe that Unger has copyrighted something which is (or rather should be) essentially uncopyrightable, Wittrig is a knock-off type of competitor of the same kind that has helped make the schmatta business, the electronics business and many other businesses thrive. Some people point out quite accurately too that such thriving business segments are so insanely competitive now that the only place you can make a garment (or a stereo) is in a Chinese factory at which skilled workers are paid a ridiculously tiny fraction of the wages formerly paid to identical workers (albeit Jewish, Italian, Afro-America, Puerto Rican and Mexican, not Chinese) in the U.S. back in the day. The law suits are flying, but because neither Unger nor Wittrig are anything close to financially Trump-ian, the matter will likely be settled quickly. After all, both of these guys probably realized that the attention from all the foofaraw between the two of them has attracted more attention to their Firebowls than they've ever had before. Good on ya guys! Copyright was originally devised to foster creativity, not stifle competition. Too often over the past 25 years or more however, copyright has been used as a cudgel - something which has to stop. Imitation really is a form of flattery, but it's also a sign that your blissful little world is being invaded by competitors who think they can do a better job than you. Take the hint - all you creative types - and make sure you're not just sitting around admiring your handiwork, basking in the glow of your immense marvelousness. The moment you relax, some putz will steal/knock-off/copy/imitate your heretofore unique design. And, um, yes - plenty of mass produced Firebowls are made in China these days. Some of them are quite nice, but they're not the high quality artisanal designs originated and made in the U.S. by John T. Unger. So there. Anyway, Firebowls are really cool - just the thing to light up while you're contemplating a lawsuit. Amazon has dozens of them in a wide variety of designs. Labels: Competition, Copyright, intellectual property, lawsuit. |
