In a lawsuit that could have implications across the design world, Dale Chihuly, the famous glass artist, is suing two glass blowers (including a longtime collaborator) for copyright infringement, accusing them of imitating his signature creations, and other designs inspired by the sea.
The linked article lays out Mr. Chihuly's case and you can feel the bitterness between the 'star artist' and his former employee.
This sort of squabble plays out in the floral industry,too, but I don't ever recall it being litigated. Many a floral designer (famous or otherwise) has seen his/her signature style marketed by a former employee who is directly targeting the same clients. (I personally know of at least two shops where an ex-employee/designer had gone so far as to print out client contact lists prior to departure.)
In the flower world, the one area where I think most of us are vulnerable is when former employees use photos of work they created while in our employment to represent their labors.
Legally, I believe those works belong to the shop and not the employee/designer. (Of course, a shop owner could grant permission for the use if he/she is so inclined.)
We now have in place a policy where all photos of designs created by the store are to be taken with the shop's camera only. The policy was instituted after one of our designers started taking personal photos (on our shop design set while 'on the clock') of nearly every arrangement made. My belief at that time was that purpose of those shots was to create a portfolio to be used for personal promotion outside the business. Turns out I was right.
Signature looks and designs are intellectual property, a business asset. Make sure you're protecting yours as much as possible.
IMO it will be tough for Chihuly to win this suit unless he can prove that the former-employee-now-competitor misrepresented his work as Chihuly's or if the defendants used photographs of his work to promote their own business.
Is anyone dealing with similar issues? How have you handled them?
The linked article lays out Mr. Chihuly's case and you can feel the bitterness between the 'star artist' and his former employee.
No doubt, the competing pair appeal to customers looking for "Chihuly on the cheap."
This sort of squabble plays out in the floral industry,too, but I don't ever recall it being litigated. Many a floral designer (famous or otherwise) has seen his/her signature style marketed by a former employee who is directly targeting the same clients. (I personally know of at least two shops where an ex-employee/designer had gone so far as to print out client contact lists prior to departure.)
In the flower world, the one area where I think most of us are vulnerable is when former employees use photos of work they created while in our employment to represent their labors.
Legally, I believe those works belong to the shop and not the employee/designer. (Of course, a shop owner could grant permission for the use if he/she is so inclined.)
We now have in place a policy where all photos of designs created by the store are to be taken with the shop's camera only. The policy was instituted after one of our designers started taking personal photos (on our shop design set while 'on the clock') of nearly every arrangement made. My belief at that time was that purpose of those shots was to create a portfolio to be used for personal promotion outside the business. Turns out I was right.
Signature looks and designs are intellectual property, a business asset. Make sure you're protecting yours as much as possible.
IMO it will be tough for Chihuly to win this suit unless he can prove that the former-employee-now-competitor misrepresented his work as Chihuly's or if the defendants used photographs of his work to promote their own business.
Is anyone dealing with similar issues? How have you handled them?
