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Magnets anyone? (1 Viewer)

Hi, I'm a artist/designer/common laborer, who happens to have a website with stuff to sell. Hopefully someday I can drop the common laborer from my list of titles.

Anyway, my site is Featheredmonkey.com and I've done some "quote" designs using the words of the Bukowski. So, if you'd like take a stroll over to the site and check out the store.

Even if you don't buy any. I'd like to here what you think about them.

Thanks, for the time and allowing me to take up some space here. :P

Truthfully, I think that the quotes are a bit odd. The magnets are clearly a violation of the Bukowski copyright. One day, Linda Lee Bukowski will decide to stop this and you and others will find yourselves with huge legal problems. The penalty for knowingly pirating an author's works (which is what they would classify this as) is very severe. This is the case, even if you never made any money off of it. Talk about tens of thousands in legal fees and when you lose, hundreds of thousands in fines. These fines will follow you into old age.

There are far to many trinkets of Bukowski on ebay (much, lighters, shirts, magnets, etc, etc). Most of them use Michael Montfort photos (which is another copyright violation). Most of them show Bukowski as a drunk clown, taking qoutes out of context. The one about peeing in the sink is an example. It is the king of magnet that a fratboy would put on his fridge, but is not representative of any art.

I'm not trying to be harsh, but you asked for an opinion and this subject of this bootlegging of Bukowski merchandise has been covered on the forum.

Thanks, for your opinion and it is much appreciated and will be weighted with any others I recieve.

A trinket I'd agree. This is not "high" art. But then I wasn't shooting for the wall of a museum.

The quotes where choosen because they spoke to me. I in no way choose them to show Bukowski as a drunken fool. Though at some point in our lives we all play that part. And if you haven't I suggest you try it once or twice. It can be quite fun.

As for copyright infringment. Quoting a person is not a copyright infringment. Now placing an entire work of his on a product is. There is a distinct difference.

The Graphic created from a photo, that is a graphic I created.

The whole of the layout and design composition (though nothing complex or awe inspiring) was also arranged by me.

Bootlegging is copying a work directly. And is not something I have done or am attempting to do. Are the magnet designs dirivative? Yes. Are they bootlegs? No.

Again thank you for an honest opinion. It will be considered deeply and I hope you aren't offended by an honest rebutal.
No offense taken, but you should consider two issues when it comes to copyright infringement:

1) What if I get sued and lose?
2) What if I get sued and win?

Either 1 or 2 will cost you tens of thousands of dollars to defend. You may be right about the idea of quoting and you may not be right. If I was the copyright holder of someone like Buk, I would probably have my lawyers threaten a few people putting these out and would probably sue one or two just to make an example. I kow that seems asshole-ish of me, but the fact is that there are people that are trying to make money off of Bukowski by making items that the estate would NEVER approve for sale if they were asked. I have even seen shirts that say

"you stupid whore - Charles Bukowski".

WTF? Who, but a wanna-be badass kid would wear one of these?

I'm not trying to start a fight. I'm just letting you know that one day, The Bukowski estate or HArperCollins will sue someone to control this. That person will have their life RUINED. Certainly not worth the risk to make $3.50 for a magnet and then owe HarperCollins a fine that you cannot ever pay off....

Just friendly advice. A T-Shirt shop owner here in Dover, DE was raided last month. He was jailed and his store closed for good. What was he selling? Bootlegged Rap T-Shirts. Yep, just images of rap stars with their TRADEMARKED name.

All best,
Zero Interest

Hi, I'm a artist/designer/common laborer, who happens to have a website with stuff to sell.

I'm afraid you probably won't find any/much support for your trinkets on this forum. The people on this site are fans, collectors and they care about 'frivilous' things like COPYRIGHTS...
You are STEALING someone else's image and words, why would anybody be supportive or interested in funding that? It's not even presented in a creative or interesting manner (magnets!?), regardless of the method/presentation, it's WRONG.
Here's a novel idea; create something of your own... and then if it's any good see if it bothers you down the road when someone else RIPS it off....

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