Imitator Sues Me to Overturn Copyrights: Please Help Defend My Art

Save money on my most popular Artisanal Firebowls during the Legal Defense Fund Sale
Art for Legal Defense Sale at 1000 Markets
Artwork contributed by artists worldwide	$800 (Save $200) limited quantities	$800 (Save $200) limited quantities	$800 (Save $200) limited quantities	$1000 (Save $250) limited quantities
I'd prefer to send you art in exchange for your support, but if you wish to donate to the fund without buying art, you can use my custom payment page to pledge any dollar amount.
If you are an artist and would like to donate artwork to the sale, please click here to send me a link to a listing online or to upload the information I need to list the artwork in the sale.

I need your help. My original art has been copied by a manufacturer who is now suing me in federal court to overturn my existing copyrights and continue making knockoffs. I have a strong case, a great lawyer and believe that if I can continue to defend myself, the case will be resolved in my favor. If I run out of funds before we reach trial, a default judgment would be issued against me and could put me out of business. I don't believe my opponent can win this case in court and I don't believe he really intends to try. I believe his goal is to use strong-arm litigation tactics to force me to keep spending money or risk losing my copyrights — not by true adjudication, but by default if he is able to outspend me.

What has happened: my original art has been copied by a manufacturer who is now suing me in federal court to continue making knockoffs
How you can help raise money for legal defense
How you can help raise awareness
How this lawsuit affects others
How I'm working to turn disaster into opportunity

There's a lot of information in this post because it is a complicated story. If you care about the arts, or work as a creative professional, I hope you will read it and Email this post to anyone you think can help.

I did not initiate this lawsuit, but am defending my art, my creative rights, my reputation and my livelihood against attack. I've already spent over $50,000 out of pocket in defense of my original designs.

Seeking a judicial ruling in federal court will cost more than any artist or small business can afford on it's own, but attempts at settlement have been unsuccessful. I am holding a fundraising sale of my artwork to finance a defense in court. If you can contribute to the fund or share this story with others to help raise awareness, it would mean the world to me.

Feel free to email or call me at 231.584.2710 if you have any questions or want to help.
If you want to get updates about this story: follow me on twitter, sign up for my newsletter, check my blog, subscribe to RSS for my blog.

Thank you,

John T. Unger

Supporting Documents:
Click this link to download a PDF of Wittrig's complaint (the lawsuit against me).
© for Great Bowl O' Fire
Download Certificate for VA1-667-092 | Download materials submitted for VA 1-667-092 - registered 4-17-09
© for Waves O' Fire and Beach Burner Portable Bonfire
Download Certificate for VA1-667-096 | Download materials submitted for VA 1-667-096 - registered 4-17-09
© for Great Flaming Lotus, Big Bowl O' Zen, King Isosceles and Goblet O' Fire
Download certificate for VA1-667-181 | Download materials submitted for (VA 1-667-181) - registered 6-4-09

Imitator Sues Artist to Overturn Copyright on Sculptural Art

FirePitArt.com, LLC and owner Rick Wittrig have filed suit against me in federal court seeking to overturn my formally registered copyrights in order to continue selling unlicensed knockoffs of my work. He argues that my original Artisanal Firebowls are not properly classified as sculptural artwork, despite the fact that Wittrig sells his copies at art fairs, describes himself publicly as an artist, and even uses the word art in the name of his business. When Wittrig first launched his website he offered only six designs of firepits all of which bear an uncanny resemblance to my Artisanal Firebowl sculptures. One of these even initially bore the exact same name as my Waves O' Fire. He appears to be mass-producing these designs, and is selling them at discounted prices on several of the largest internet retail sites devoted to outdoor living. Prior to the launch of his website, I have been unable to find any documentation of Wittrig making any original art.

I have gained an international reputation for my Artisanal Firebowls, unique works of art hand-crafted from 100% recycled propane tanks which I have been creating since 2005. I’ve worked hard to build a reputation for honesty, quality work, customer service and approachability. I am concerned about people confusing my art with the work of another because I have no way of insuring that they experience the same quality, attention to detail, and integrity. When Wittrig began selling his firepits which so closely resemble my work, I began seeing instances of confusion over authorship almost immediately. An artist messaged me on Twitter, believing she had met me at a Tennessee art fair. Photos of Wittrig's firepits were posted to a blog and mistakenly attributed as my own. I got an email from a landscape architect I had discussed commissions with in the past. She wrote:

I met this guy at a local festival this weekend and his work was so similar to yours I went over and introduced myself. Something was not right, but I was not sure that it was not you until I came back and checked your site... I was excited to meet (you) in person and he was aloof...? I am aggravated now knowing that he allowed me to go on and never said that I must be mistaking him for someone else.

This email was a kick in the gut on so many levels. Not only had my most popular and well known artwork been copied, but the imitator had also offended a client who might easily have continued to believe he was me.

Concerned about preserving my reputation and rapport with art buyers, I sent a Cease and Desist letter on April 30th, 2009 asking that Mr. Wittrig cease manufacturing the designs which were being confused as my own. A letter of flat refusal came back in response. In further correspondence, I explained my concerns over confusion of authorship, provided his attorney with copies of the copyright certificates as well as the original photos used to apply for copyright. I stated clearly that I have no objection to him creating original works that could share the marketplace in their own niche. Several times in the course of correspondence, I asked Wittrig to provide any evidence that his designs were original works. Given the opportunity to deny copying my designs, Wittrig did not— he only asserted that he was within his rights to continue making them on a large scale. Then he filed suit to have my copyrights removed, as well as for damages and legal fees.

By suing me first, Wittrig has created a situation where a default judgment will be entered in his favor unless I am able to finance a full defense in court. I did not initiate this lawsuit, but am defending my art, my rights, my reputation and my livelihood against attack by a manufacturer. I've already spent over $50,000 out of pocket in defense of my original designs. Seeking a judicial ruling in federal court will cost more than any small business can afford on it's own, but I fear it may be the only way to resolve this dispute. My hope is that the community which has been so supportive of my art over the years will continue to help me in this dire time.

How you can help raise money for legal defense

I'm offering a discount on my four most popular Artisanal Firebowls, exclusive to supporters of our Legal Defense Fund. Please note that donations are not tax deductible as I do not have 501(c)3 status. The IRS will regard your purchase or contribution as a sale and not a donation.

Save money on my most popular Artisanal Firebowls during the Legal Defense Sale
37" Big Bowl O Zen	37" King Isosceles	37" Waves O' Fire	37" Great Bowl O' Fire
$800 (Save $200) limited quantities	$800 (Save $200) limited quantities	$800 (Save $200) limited quantities	$1000 (Save $250) limited quantities

In an attempt to come up with more affordable works of art that could be used to finance our defense, I was inspired to create the Fire Imps; six series of 100 signed and numbered tabletop sculptures in recycled steel. The Fire Imps are the most playful, energetic and touchable work I've done in years. The six limited editions are by defined by color: Natural Steel, Red, Yellow, Orange, White and Black. The Fire Imps were originally available only on Kickstarter.com. I have moved the Fire Imps to 1000 Markets where they can be purchased individually as they are completed, photographed and listed.

A number artists have donated their own artwork to be sold to raise funds, including Hazel Dooney, Hugh MacLeod and many others. I will be featuring an artist every day on my blog and will also be using Twitter and Facebook to thank each artist, point to their store or portfolio and encourage others to buy from the artist directly. I fully expect this to be an amazing art show in it's own right. The sale is hosted at 1000Markets.com and CEO Matt Trifiro has offered to waive all fees on work sold.

To view all the artwork currently available in the Legal Defense Fund Sale, click here. Click the links below to see featured collections.
1000 Markets Artist's Legal Defense Sale: Fire Imp Sculptures Visit the Collection	1000 Markets Artist's Legal Defense Sale: Hazel Dooney Visit the Collection	1000 Markets Artist's Legal Defense Sale: Hugh MacLeod Visit the Collection
Fire Imps at 1000Markets.com	Hazel Dooney at 1000Markets.com	Hugh MacLeod at 1000Markets.com
$75 to $125	$1000 plus S+H	$495 plus S+H

I'd prefer to send you art in exchange for your support, but if you wish to donate to the fund without buying art, you can use my custom payment page to pledge any dollar amount.

If you are an artist and would like to donate artwork to the sale, please click here and use the form to send me a link to a listing online (Etsy, Artfire, 1000 Markets, etc.) or to upload the information I need to list the artwork in the sale. By submitting artwork and descriptions, you agree to allow me to use photos and text submitted and agree to ship the artwork when sold.

How you can help raise awareness

I feel this is an important story for anyone who loves the arts.

It is important for other small businesses and especially for those of us who make our primary living online. Before this attack, I was not even aware that copyrights could be challenged in court. These issues affect artists, bloggers, journalists, freelancers, designers and pretty much everyone who makes their living through creative, original work.

1. If you have a blog, please write a post and link to this page. Feel free to quote as much of this post as you like or to write about it in your own words. It is important to stick to the facts and to avoid derogatory language.
2. If you know any journalists or bloggers who would be interested in this story, please send them a link and ask them to help.
3. Use Twitter, Facebook, forums and other social networks to help spread this story.
4. If you are an artist and use Etsy, 1000 Markets or ArtFire please tell other artists about this case in the forums there.
5. If you have an email newsletter, consider sharing a link to this story with your mailing list.
6. Tell your friends.
7. Email this post to a friend.
8. Throw a benefit party to help raise awareness and funds.
9. Alert your local arts council, library or schools.
10. Be creative.

I've always been very open about how I was able to use the internet to build a successful business. I've spent countless hours writing articles, interviews and tutorials to help other artists succeed. I'm not afraid of competition or sharing the market and I believe that there's room for every independent creator to share their original work and profit by doing so. I've worked as a consultant with companies like TypePad, PayPal, and 1000markets.com to make it easier for all artists to sell their work online. My concern in this case is not about losing money on sales. It is that the reputation I've worked so hard to build will be tarnished if people confuse copies of my work with the real thing.

About 98% of my sales come to me via the internet, including wholesale, gallery and publishing contacts as well as individual customers. All it would take to destroy the trust I have built would be a handful of people attributing a bad experience to me if it happened with someone else. My reputation for original thought, authorship and integrity are at stake, which is the core of my artistic practice.

How this affects others

I trust in the legal system to make the right choice in this case. As written in the U.S. Constitution, Article I, Section 8, copyright laws were created to “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” The US Copyright Office approved my designs as sculptural artwork and awarded me certificates of copyright as the originator of these designs.

I feel a duty to see that those laws that protect original creative endeavor are not weakened for other artists. Only 1 or 2 percent of fine artists ever manage to make a full time living with their art, and when that happens, there is always the risk that their work will be copied. This is why the law is so important: To protect the rights of artists who have devoted an entire lifetime to learning their skills, developing their style, testing and refining their ideas and finally, finding a way to provide for themselves with original works. Unfortunately, few independent artists can afford to protect their rights in court, and whenever these protections are eroded, it weakens the law for all of us.

As an artist, I am also an independent business owner who supports a family, pays taxes, and supports other local businesses through the sale of my work. I employ two full-time assistants who depend on the income I provide. I pay a bookkeeper and accountant, a sales rep, consultants, writers and editors. I carry insurance for workman's comp and liability. Well over 50% of my income is spent on suppliers, from scrap yards to freight carriers. The fact that I am able to sell my work globally and bring money into the Michigan economy (one of the worst in the nation) is something that I am very proud of and I feel pretty good about the fact that I can help people pay their bills while larger companies are laying people off left and right. There are not a lot of successful businesses or job opportunities in the area of Michigan where I live, and the income I make from my art and spend in the community is important to the people I support.

It is important to me to protect my customers and potential customers from being taken advantage of, and it is important to protect the value of art purchased by my existing customers from being diminished. People don't just buy my work because it is beautiful… they value the originality of the design, the stories and thoughts about my life and work that I've documented in print and online, my persona as an artist and the personal interaction when I communicate about what I am making just for them. All of my firebowls are made to order for each individual client, and there is often a pleasant exchange via phone or email regarding the work. I work hard to insure that everyone who has ever purchased my work is happy with what they receive.

How I'm working to turn disaster into opportunity

I didn't give up when I was unemployed for an entire year in the last recession, I didn't give up when my studio building was destroyed, and I'm not going to give up now. I believe in turning disasters into opportunities. I have used this opportunity to learn more about my work and why I do it. Rather than sit on my laurels or fold under pressure I have decided to work harder, smarter and better to improve my art and my business. I've hired new staff, created new designs, started new projects. I've invested in beautiful stainless steel nameplates to distinguish my work and will be sending Certificates of Authenticity to all buyers past and present. I've learned to use a client database to manage workflow and insure that I always respond in a timely fashion. I've continued working on the design of a new studio building with architect Greg Lavardera. I've worked with business consultant Howard Mann to craft a three year plan for my business. I've done several redesigns of my site to make it easier to use. I've developed new relationships with galleries. I've made new friends, written more articles and continued to help other artists. If our panel is selected, I'll be speaking on art and business at SxSW this year with Hugh MacLeod, Amrita Chandra, Mary Anne Davis and Hazel Dooney. No matter how this ends, I will continue to make the best art I can.

A life in the arts is all I have ever really wanted. After more than 20 years of working towards that goal I have achieved success: my work has been shown in museums internationally and I've sold my art all over the world. My art and my stories have been featured in books, magazines, radio, TV, newspapers, even college level textbooks on art. It isn't easy to make it as an artist and I didn't have a lot of initial support. When I started my art business as a full time occupation I was homeless, $20,000 in debt, and had few tools but a laptop. I joke that “I did it with nothing, because nothing is free,” but there’s truth in this… I built what I have now from the ground up because I was passionate enough to keep doing the work no matter what else happened.

I don't understand why a person would fight as hard as Mr. Wittrig has to profit from the work of another. It baffles me because I have devoted my life to making things which are unique and to marketing them as unique items crafted from a detailed personal philosophy. I don't view original artwork as a commodity. I have no interest in imitation. If he had spent the time, energy and money that has gone into this lawsuit on designing original work, with its own story and its own unique appeal there would be plenty of room for both of us to succeed on our own merits.

I authorize the use of any text or images from any of my websites when writing about this story so long as there is a link back to this page.

Save money on my most popular Artisanal Firebowls during the Legal Defense Fund Sale
Reserve yours on Kickstarter
$1 to $500 pledge six series of 100	$800 (Save $200) limited quantities	$800 (Save $200) limited quantities	$800 (Save $200) limited quantities	$1000 (Save $250) limited quantities
I'd prefer to send you art in exchange for your support, but if you wish to donate to the fund without buying art, you can use my custom payment page to pledge any dollar amount.