Don Straus

No sir.

Ah, a truly worthwhile thread topic! lol Our 8 year old English Bull Terrier, Memphis.

I can only assume it has changed a heck of a lot in the last 25-30 years, even in the past 15 years since my departure. Back in the early 90s, when the mask art craze was kicking into gear, the Pinnacle trading card folks saw a value in the art, and knew right from the start, that they had to recognize and compensate the artists for their work, for a 6 card chase set, for that year's card collection. That relationship went on very well, for a number of years. There were a couple of sizes of miniature, anatomically correct masks that they, and EA Sports were involved with, that also required the artists' participation, and we were compensated for that as well. There were those types of deals that continued throughout most of the 90s (EA Sports '94, McDonalds, etc) and everyone was well respected, appreciated the cooperation, and seemed happy. Then, along came one trading card company decided to be a little greasy, and put out a mask chase set of their own, without the cooperation, nor the compensation. It got pretty ugly, ended up in the courts, was settled to our satisfaction, and that's when shit hit the fan. Remember when getting ahold of a game used mask or jersey was something special - well, even more special than it is today? It was (coincidently?) around that time, that someone further up the food chain (seeing the opportunity to harvest a few $$) tried to grab ahold of this area and put holograms on everything, calling it an 'official collectable'. It was around that time also, that I stepped away from hockey, and lost touch with the process. I've only heard rumours about the chain of custody now. Who is allowed to paint? What is allowed to be painted? Who has/had/signed away the copyright? I'm not sure. One thing I am sure of, is if there's even a whiff of $$, it'll cause a feeding frenzy, usually with those who had nothing to do with the process/design/finished product, being the first ones with their face in the trough.

Thanks for that. A great example of 'inspired by' vs 'copying'.

Hopefully I can help clear up some misconceptions. Copyright (on literary, artistic, musical,etc) is automatically granted at the time of completion. If you wish to attempt to sue over mis/unauthorized use of your intellectual property, you must first register your works. It is yours the moment your pen leaves the page, but it must be registered before you can have the enforced. All of my higher profile pieces have been registered years ago prior to having to properly proceed with the suits. Trademark protects the logos, colours and imagery pertaining to business identities.

So as most rational people seem to admit, it is wrong/illegal/lacking in moral fibre, but seem to put forth the challenge to 'catch them'. One big reason why BMI, ASCAP, SOCAN have agents that police the live and/or broadcasted music issues.

It's refreshing to hear this from someone that isn't effected - first hand. You are correct in your assessment that it is stealing. Fluff it up/justify however you like, it is 100% theft. Whether it is visual art, music, etc. It all falls under the same tent. Music theft/sampling may have gotten a bit more press, but as it turned out, it was frowned upon, settled in favour of the original artists, and heavy fines were levied. Yes, it's a bit of a 'wake up' when it happens to someone you know/care about/respect. I know that Steve and his wife at Eye Candy are aware of the parameters - let alone the previously mentioned morality of it. They were decent enough a few years ago, and reached out to me when one of their customers wanted a Panther replica. After a courtesy phone call, they (very easily) came to the conclusion that that client would have to choose something else. A very rare, highly appreciated exhibition of class. A big part of this whole topic is the attitude - or lack thereof of the 'fans'. Those who have said '!@#$ you' and have just stolen what they think they are entitled to, get an instant 'fail'. Those who have had the decency to reach out and ask and discuss, have had a much better chance at a pleasant outcome.

Regardless of my involvement in the industry, the copyright remains in effect. Unless signed away/sold off, it is something I (and all artists) - and subsequently my/our estates, will maintain ownership of, until 70 years after my/our passing.