This has been a difficult week for many people, and our family has been no exception. I have often said that I usually deal well with most types of adversity, but I am not nearly so graceful when something befalls one of my kids, or they are mistreated in some way. Then, I can be rather difficult. I can also write a scathing letter on occasion. I don't intervene on much very often because I don't think it's kind to cause people to lose their jobs, and because kindness and setting the example of kindness, as a general rule, is important to me.
One of my sons is a professional sculptor. His degree is in sculpture and extended media. He makes one-of-a-kind pieces of sculptural furniture, one of which sits in the collection of Travis Pastrana and his wife Lyn-Z Adams Hawkins Pastrana. This week he learned that a Chinese company has been reproducing and marketing one of his chairs without permission, using his company's name, the name of the one-of-a-kind chair, and actually using the picture my son took and uses on his website of the chair, on their own website ! Of course, they have no authorization and are in violation of copyright law. My son, who has a lot of medical needs and bills cannot afford to have his work ripped off. However, Chinese companies do this all the time, and it can be difficult to sue and stop them. However, this week, we have needed to retain an attorney for this.
Secondly, one of my sons has a computer lab, teaching assistant, and tutoring position at his college. He was not initially paid because funding was slow to come through, but he was encouraged to hang in there and set up the lab over the Summer without pay. Recently, he was told that all the funds for such positions had been given to other students and therefore he would not be paid. He told them that he would like to continue in the position, if the college and the advisor to the lab would provide a reference for him so that he would gain valuable references for a future job after graduation. Today, the Dean of something or another has decided that our son's providing 32 hours a week of working in the computer lab constitutes an internship, and that he should pay them. In point of fact, we are already paying them to educate him. Since when does one pay for an internship ? Tomorrow he will tell them that we absolutely cannot pay for him to work for them, and that such an arrangement is exploitive.
When I was a young adult, violation of a copyright, plagiarism, or something similar was a serious crime and worse hurt your reputation. International violations were even worse. When I was in college, we were paid, perhaps a paltry sum, for work study, but we didn't exploit students into working for us, and then put the bite on them for more money when they perform a service for us. No wonder a lot of young people don't have much respect for a lot of the institutions that my generation held dear. Too many people do business in terms of what they believe they can "get away with". (Yes, I know that I ended that sentence with a preposition, which is bad English usage for an author, but I wanted it to sound conversational rather than high brow, so cut me some slack)
I work hard to stay out of my sons and daughter's private business so that they learn to navigate the work- a- day and personal world with the same or better skill than I do. However, this is one of those days when I would like to receive permission from them to rip someone a perfectly new one. Watch yourselves out there. People are making it up as they go along.
15 comments:
It falls under the old saying that "no good deed goes unpunished."
Vendors at craft shows have their original creations ripped off by the Chinese all the time. An American will photograph the creation, photos will be sent to China for reproductions. Then, craft shows did not allow photos. So, now the item is bought copied. I really hate that.
I went to NYC and bought a pin from a street vendor. When I went back to Birmingham, a good friend stood with mouth wide open and quietly asked where I got the pin. It turns out it was one of her jewelry designs.
I really think you are within your rights to help your son. Write that letter; retain a lawyer. I intervened for my daughter over a cc debt for six months. We changed her phone number to mine. I answered all calls as though I were my daughter. I knew all her information--ss, bd, mother's maiden name, and both cc numbers. We were not trying to do anything but relieve the stress on my daughter and give her peace of mind. As it turns out, my negotiating resulted in a $31K cc debt being lowered to $11. I gave her almost a $20 debt reduction. I never lied about anything except for pretending to be my daughter. "I was heavily involved" is a good way to express it. The day after I got her debt reduced, she was given a $12K check by her soon-to-be ex-husband. Yes, I intervened for my overworked and stress daughter who was sinking fast.
I was not regularly intervening since she is 1000 miles away.
Going after the Chinese is likely a waste of time. Arguably the trademark case would be stronger: if there is a registered trademark involved.
Exploiting students is pretty much what a lot of graduate programs are all about. That was true even in the 1980s when I was in school. It is just much more aggressive now.
More examples of the breakdown of society. Not a lot to be done other than not get in those type of positions in the first place, of course in the old world it was the thing to do but things have changed. Who would have seen those two stories happening 30 years ago?
I am afraid that in my own life, those have become words to live by. I have not stopped doing good in the world, but I have much more careful guidelines than I used to.
Yes, I have been aware that Chinese companies reproduce American and European art producing "knock offs" for a long time. We were shocked that they used his trademark and his picture of the item from the website. Recourse is limited, although we should be able to have the picture removed from their website.
Linda, that was a real victory in helping your daughter ! You should be incredibly proud and such work can be very time consuming. I will help my son with this, as best I can.
I always try to buy an American something in lieu of Chinese things, although I do buy dollar tree things that are disposable. I don't want to supplement Chinese products if their government does not help to enforce copyright laws, which apparently, it does not.
We are probably going to be able to pull this item on their website, but there is unlikely to be any royalties or destruction of the copied merchandise. His photographs are also copywritten.
Since the college changes their rules in mid-stream, they are going to find that the scholarship I was in the planning stages as a memorial to our youngest son, will be placed somewhere else.
Of course, you are quite right. The Chinese companies will exploit because they do and they can, and it makes them money. The college will exploit students using a "sprat to catch a mackeral" technique because they have a captive audience. Thirty years ago the Chinese would not have done this particular thing because they would not have had a window into my son's work on the internet. My own college would not have structured a job and then turned the tables charging him for a position that was supposed to have been a paid one, because they would have had concerns for their own reputation. Reputation is not the concern of many companies or institutions anymore.
Possibly, when Travis Pastrana purchased one of his sculptures, there was publicity in some parts of the nation or world, especially given his interests in racing. I would assume all China had to do was see a photo and they were up and running. They are in the wrong, and you will have to pay to rectify it. It never ends. And this one sneaked in undercover of International Law. It's going to take one heck of a lawyer, but if anyone knows a good one, I'd bet it's you. You're the smartest woman I have EVER known and that's not a suck-up compliment. It's fact.
The Pastrana chair was a quite different chair, and so the small amount of publicity for a completely different chair, didn't do this. What I am hearing is that China does this all the time, and that our government does not take them to task on constant and flagrant violations on copyright and intellectual property rights. Perhaps this is because the US owes its a** to China. As for your compliments as to my intellect, it is very much appreciated, but I assure you, that I have my rather clear limitations !
I am talking to a Chinese diplomat about this, whose acquaintance I made on Linkedin.
sculptor, hahahaha
Maybe he should get a real job.
Allow me to educate you, as I had to be. A degreed sculptor not only knows how to weld a variety of different metals using mig, tig and other set ups, but they know a lot about strength of materials. They need to be able to construct walls, wire things, as well as art history, color theiry, and aesthetic concerns. He is also able to make jewelry in gold and silver, and has designed and produced props and spacesuits for movies and tv. He also is able to rebuild engines.and design electronic articles. A degreed sculptor from the top school who graduated with honors might actually have broader opportunities than I do, and might weather the collapse better than me !
My brother was a welder, made big bucks.
In a decent economy, they certainly can. One who is skilled and experienced can also teach it on the vocational school level, some community colleges, and some universities, particularly those with sculptural programs.
He did a little teaching but was too much of an asshole. But he was a very good welder and was often flown to difficult jobs that few others could do. Sculptures for the most part do not impress me, we have some of that so called artsy fartsy art here. :-)
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