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LawPots

Member Since 11 Apr 2011
Offline Last Active May 15 2014 04:01 PM
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Posts I've Made

In Topic: How Much Pots Would A Potter Pot If A Potter Could Pot Pots?

01 May 2014 - 04:54 PM

To me there's some marketing going on here.  A studio potter is a Leach or Robineau style potter.  The potter makes the pots, decorates the pots, glazes the pots, fires the pots, and markets/sells the pots.  There is a requirement, in my mind, that studio potters are also producing high-quality work suitable for a gallery or commission. Studio pottery is a label for marketing ceramics to distinguish it from ceramics made in a factory, and distinguish it from the now practically extinct country pottery.  So, studio pottery is pottery marketed as art (including everyday art) by the person who made the pottery alone or with assistance from apprentices. 

 

Why am I focused on market?  Compare Chris' definition to the 19th cent. southern potter making crocks and jugs, or someone like Isaac Button.  Those people marketed their ware to country people for everyday use, but they also did all the work themselves in shops and buildings that they owned. That's not studio pottery, even though its made under similar conditions as studio pottery.    


In Topic: What Has Been The Most Significant Pottery Exhibition That Impressed You Fore...

25 April 2014 - 02:49 PM

Before I took my first pottery class 5 years ago, I saw this at Freer gallery: http://www.asia.si.e...?ObjectId=54870

 

I am always thinking about that cup and the brushed crackle slip. 


In Topic: I make that same product and your product needs to be......

19 July 2013 - 04:31 PM

It seems the thrust of the comment is that you can't trust the critques of people in the same business.  This is not quite correct.  You can trust the critiques of others in the same business to be based on their point of view.  This doesn't make the critique inherently untrustworthy.  It does however, mean that when such criticism is recieved, a listener must attempt to understand that point of view and decide if the viewpoint (or critique) reflects the listener's values. If it does, the listener must judge the critque and decide how to change; if it doesn't, the listener can continue on without sparing a thought for it.   


In Topic: Protecting trade name and design ideas

22 May 2013 - 11:50 PM

(go get your own attorney. )


This is why I have to have a business liability insurance policy .
To many people these days do the above and if you have things you want to keep its what you must do.
As far as coping my pottery for the past 40 years I could care less as its plain hard work with clay -glazes and firing to pull off anything close to a copy.
It isnt rocket science its a whole lot more work.Thats why after all this time its still a learning curve.
Mark



I forgot to mention that there is also trade secret law which can provide some limited protection from corporate espionage - like stealing glaze recipes and formulas for clay bodies. Heh, but that's for people that have those kinds of secrets to keep, and I am not one of them.

In Topic: Protecting trade name and design ideas

22 May 2013 - 11:18 PM

There's at least three things that a potter could look into (by hiring a lawyer or reading the Copyright office or the Patent and Trademark office websites) to protect their business:

Copyright. There is copyright upon creation, so creative people have copyright without doing anything in particular except creating their own work. But to sue in federal court, the work must be registered. $65 per registration for the visual arts (U.S. copyright office), and pretty much irrefutable proof that the work was created before the registration date. This mostly protects against 1 to 1 copying of the original work, so, it's not very strong, and particluary not strong if there isn't much creative expression in the work.

Trademark. To protect the good will developing around a brand, however, register with the Trademark office. These go through some scrutiny, but trademarks last forever so long as they are used. Trademark law protects the name or mark (or a confusingly similar name or mark) from being used by competitors. Like, for example, 'fruit bat pottery' and 'vampire bat pottery.'

Design Patents. Finally, for decorative design that is both original, and valuable enough to go through the trouble, there is the design patent with the Patent Office. Patents have a well deserved reputation for being difficult to get. However, there should be functional pots that would qualify for this, so don't dismiss this as impossible. The Captain Picard tea set comes to my mind as the kind of thing a design patent will protect. And a design patent holds out the possibility that it would prevent a greater variety of copying of the ideas in work than copyright protection.

I am not giving legal advice people - don't ask me for any. go get your own attorney.