Don Straus

On 8/4/2019 at 9:34 AM, TheGoalNet said:

@Don Straus is this a replica you did?

No sir.

Ah, a truly worthwhile thread topic! lol

Our 8 year old English Bull Terrier, Memphis. 

12 hours ago, TheGoalNet said:

@Don Straus able to share anything about the marketing angle?

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'.

36 minutes ago, jayluv54 said:

Metallica hacked most of the riffs from some of their biggest hits from other small bands they saw while on tour.  Kirk would basically tweak it to make it his own...some call it cloning, some call it inspiration.  No different than a paint job on a mask.  You have to trademark it to keep it from being copied, if you don't then you leave it open to be hacked.

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.

19 minutes ago, bunnyman666 said:

Having had music published, I can weigh in on this topic.

We musicians tend to rip bits off from each other all the time. Whether it goes from a thread that was what we heard in a chorus or whatever; as long as it becomes an entirely original song, it’s not theft. For example- there was some 70s tune where the guy sings about walking through the wet grass, in the 90s, someone made that into their hook. The tunes don’t resemble each other AT ALL. Chord structures are the same. Now- George Harrison BLATANTLY ripped off “He’s So Fine” with his song “My Sweet Lord”.

How many bar owners actually pay the BMI or ASCAP fees for songs a lowly bar band plays? Probably not many, knowing how many bar owners are scheming, smarmy WANKERS!

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. 

19 minutes ago, ULTIMA said:

@TheGoalNetGlad something like this was finally posted.

This was probably all fueled by how I lost my temper way back when. Most people are genuinely ticked off when they see something happen to a friend by someone else. In this case it was my buddy Steve Nash at Eye Candy Air and seeing several other artists taking his Battle Armor Quick paint design and painting as their own, not asking for permission to do it and simply doing it anyway and pocketing the cash. That's someone else taking your buddy's work, taking credit for it and getting paid for it. It's stealing - to me. And that's a copyrighted design. It's an eye-opener until it hits home or affects you or someone close.  Pretty easy to sit there and say "I don't give a f***". And in my opinion you're a scumbag if you think that way. We could talk about morality, we could talk about the law and that's all and well too. But it comes down to respect for me.

In January I asked Guy Lafrance if he would paint a Jocelyn Thibault Canadiens replica for me (he is the original painter). He said he no longer paints masks and hasn't for a long time. I did stress that it was for a display collection, not to be used. I personally don't think using other goalie's paintjobs on the ice is neat or cool or whatever, seems kinna pathetic like you're trying to be someone you're not. Anyway he said he wouldn't do it. Then I asked if it would be okay if i were to get someone else to do it. His exact were "I'd prefer you didn't...". That's not exactly a no. But it's definitely not a yes, either.  So, I stopped myself right there and didn't take it any further. I wasn't happy with the answer but I gotta respect it. Sure, someone else will take my money and do the job quietly. But that's just not me. I wouldn't feel right knowing I made a conscious decision to disregard what he said and get his work painted by someone else as I look at that mask. Maybe I have too much respect but I have respect nonetheless.

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.

8 minutes ago, TheGoalNet said:

As I mentioned in the article, until I spent too much time thinking about this, I was a mild offender. Speaking with the people involved swayed me. I always thought what Simmons and Battram do was cheesy, but I didn't think about the plagiarism side of it. Designers and artists come up with the pad graphics and mask art and most don't want to see it copied, especially for someone else's profit. 

I don't blame people wanting to look like their heroes. I think if the OG Potvin graphic out today it'd be the best in stores. There's also a whole other conundrum here about getting a Potvin mask or  Hayward shark now that Harrison and Straus are retired. Should the world be void of them now? 

I also understand many people are on budgets or can't justify a Bauer mask price point. I just hope this article is understood the right way. I am not knocking Battram or OTNY's price point or quality, just pointing out that they should stand alone in their shell designs or graphics. Just because it's not illegal, doesn't mean it's not wrong. Passau ( @GoalieTimmy33 ) is a great example of how a small company should operate. 

@GoalieCustomizer Do you have any thoughts on this topic? 

@Don Straus Now that you are retired, does that mean that the Shark should be RIP or this there an appropriate for a fan of that paint job to request one or something similar? 

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.