That kind of bullying might work with another person, but I’m tenacious as hell and it made my blood boil.” “It essentially said, because I’m an artist with a ‘small following’ and they’re the largest fast fashion retailer in the world, no one would know it was my work. In Bassen’s case Zara tried to refute her claim with a letter suggesting both that she wasn’t famous enough to make a claim, and that her work lacked originality. “ California Lawyers for the Arts is a great organization that offers services to artists, sometimes on a contingent or pro bono basis. I offer discounted and, in certain circumstances, pro bono or contingency services to artists and small businesses who have had their copyrights, trademarks, or other intellectual property rights used without authorization or compensation.”īut do you know your copyright from your trademark from your intellectual property? Do you own the rights to your work, or have you assigned them away, or is your work legally deemed work made for hire ? Is pro bono something you do or don’t want from a lawyer? In many cases just knowing where you stand legally can be confusing, and the language of the law often doesn’t make it any easier. “ There are various legal service organizations that help out artists and small businesses with their legal needs,” says Dorsky. Fortunately there are options for the broke young creative. But for plenty of young designers even a few hundred dollars is a sum they’d struggle to afford. “ Preparation of a cease and desist letter can cost a few hundred to a few thousand dollars depending on the facts involved and the fees charged by the person or entity providing legal services,” says Dorsky. “Artists should try and find an attorney who will provide the services they need at a rate they can reasonably afford… More seasoned attorneys will likely charge more for their time, but may also provide the services or advisement in less time. While Bassen’s lawyer, Brandon Dorsky, is confident she’ll be able to win her case and secure compensation both for damages to her earnings and the cost of legal fees, she’s already incurred over $2,000 in expenses to get to this stage. It’s always soul crushing to see your work stolen, especially as an artist whose entire livelihood depends on compensation for that work.” “Hot Topic recently stole a design that has pending copyrights and trademarks filed. It’s also not the first experience Bassen has had involving the theft of her work. It’s not the first time that Zara appears to have stolen the work of other artists. I had my lawyer send a letter to Zara, and while we were waiting for a response, several other stolen pieces of my artwork were discovered at Zara and its subsidiaries.” This was my artwork and something needed to be done about it. “ I decided to officially take action when I saw a design in person at the mall nothing had been changed, there was no room for question. “It’s pretty emotionally exhausting and disheartening that this is how I have to spend my time,” says Los Angeles-based illustrator Tuesday Bassen who, earlier this year, became embroiled in a legal battle when Zara took her designs without permission for use on a range of its products. That you, a talented creative practitioner, should have to burden yourself with the tedium of copyright law is one of the great tragedies of the profession, but it’s also essential to ensuring you never wind up in court to defend the veracity of your work.įinding yourself at the mercy of the courts in the thick of a copyright case is harrowing, particularly for a young designer. Got questions about copyright law? Tweet your questions to us and we”ll get you answers.īeing a good designer requires that you’re aware of the world around you, and sometimes the world around you is full of thieving bastards trying to rip you off.
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