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Copyright infringement?

Posted: Tue Sep 30, 2008 8:01 pm
by bayflame

I sell hand made sculpts via my own website and via an online auction site. There are various other artists also selling similar items in the same way but I feel I have been singled out as I have been contacted by one other seller claiming that I am copying their work and is threatening to report me for copyright infringement.

I hope I am right in thinking I'm not doing anything wrong as each piece I produce is from my own imagination and each piece is photographed by me and documented. Occasionally, we may both produce a similar piece as the subject matter is the same (dog sculpts, same breed of dog too). This is purely coincidental and the basic dog features that run through all of the designs (facial features etc) are different. I never copy text or pictures from other listings either.

I have copyrighted my work and I believe the other seller has too, we are both also registered as business sellers.

Do either of us have a case for copyright infringement?

I am so worried that everything I have worked towards may be taken away from me.

Thanks for your time and hope you can help me...

Posted: Wed Oct 01, 2008 1:27 pm
by CopyrightAid
To successfully prove a claim of copyright infringement the plaintiff should be able to demonstrate that similarity between the two works is such that it precludes the likelihood of coincidence.
i.e. the similarity between the works is such that it is clear one person must have copied the other.

Hope that helps....