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Old 05-20-2014, 11:35 PM   #1 (permalink)
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Join Date: May 2014
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Giant Kinetic Sculpture copied Copyright infringement?

I proposed and made a giant 140' tall kinetic sculptural flower for a music festival in the US. It requires a crew to safely operate it during the event. They accepted my proposal and I fabricated the piece and brought it to the first festival initially, and subsequently four more other festivals run by the same production company. In all the contracts it clearly states that the IP is mine and that I own the piece.

Over the course of operation the original flower had become worn out and I proposed a new version that would be more robust and had a lot of new features. They were thrilled and offered me a 2 year/20 festival contract for 2 flower sculptures. They asked for a budget outlining what the version 2.0 would cost to fabricate and operate. When I submitted the proposed budget that was very similar to the previous budget (within 10% or so), they said it was too expensive. I met with them to explain the budgets and why they were not significantly more than the previous contracts. I was then asked for a significantly more detailed budget so that they could show their accountants and "fight for us". After receiving the detailed budget they informed me that they were going to build it themselves and would not be needing our services.

I have seen one photograph of the flower sculpture they are currently building and it appears to be very very similar.

As much as I would like them to stop building the new one both because of copyright but also because of safety concerns, I would like them to reinstate our business. I am in California as is the Production company. The events are worldwide.

Do I have any legal grounds to stop them from implementing their version of Giant Flower 2.0?

If so, when and in what form should that happen?

How much would that cost? I am a starving artist.

How much time would that take to get started so they are informed?

Thank you in advance,

Patrick
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Old 08-01-2014, 10:33 AM   #2 (permalink)
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It would seem that the remake of the new version of the 140' kinetic sculptural flower would violate your IP right.

The moment they had begun to obtain the materials and plans for building the new flower would seem to be the time the IP violation had begun.

The cost of hiring a IP attorney on a retainer basis may be in the thousand dollar range given that most IP cases can be drawn out.

If you hired an IP attorney the attorney might be able to allow you to have a federal court enjoin or have the company building the new flower to stop their project.

However, to be certain of your IP right in the sculptural flower design and your rights against the company that you plan to sue, it is important to contact an IP attorney. A link can be found here http://www.legalmatch.com/intellectu...y-lawyers.html

You would be able to receive an estimate of the cost of the IP attorney by speaking to the particular attorney. Sometime consultation charges are waived depending on the type of lawyer you retain. Hope this helps.
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Old 10-28-2014, 09:47 PM   #3 (permalink)
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They have clearly violated your IP right from the time they said they are going to build similar structure themselves. No person can use or utilize the product without your permission.

To be sure that that certain company have infringe your work and you could file a lawsuit, here are some tips.

1. Make sure that you have a valid copyright.
2. Gather evidence that the alleged infringer had access to your copyrighted work.
3. Determine whether the infringement meets a copyright exception.
4. Seek Advice to a subject matter expert.
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