I'm an artist in Canada, who produces a very unique, original, and distinctive style of artwork in a mixed medium. I don't want to give away too much about what I do here, but in essence it's a sculpture style work using mixed mediums. I have been refining and producing my work for the last 8 years, with this being my primary income for the last few years.
Early last year at a gallery exhibition, this guy came to our show and looked at my artwork, complemented me on my design and execution and said how talented I was and how it was a fantastic idea. He works in the same field as I do technically, and said he would refer any clients to me since "I get asked about this all the time" (I assume because he's seen my work in the past).
At the time, I thought that was very nice of him, and being that I didn't do things he did, offered the same in return. Co-operative competition is always nice in a local setting (same city, under 30min drive away from each other).
3 weeks after our show, he started posting "his version" on social media, which included the exact same concept, the exact same medium and even replicating small details that to me, was my signature in my work. He only changed 1 part of the design, which was the colour / texture in one of the mediums. Of course when this was happening it made me angry, but I also know of the Streisand effect, and didn't think I had any legal grounds to stand on. I also fear that he will leverage his social media presence to slam me online and paint me as the bad guy (classic instigate then play victim scenario).
My thoughts were, he will try to copy me, not get anywhere with it and then resume his normal business. Apparently, I was wrong.
Recently, in the last two weeks, I have come across literally a dozen people who have said to me "Oh! I have seen this before, you're related to [competitors name] right?". When I explain to them who I am, the back story, my several years experience, how he effectively copied my concept and show them my work, they all have said the same thing. "This is much nicer, better execution, and it looks very similar to what he is doing!". This is concerning to me, as some of these people have seen my work in the past, and are now being confused that he is actually me.
Getting re-fired up, I started to do some digging, and came across a term called "derivative works" which I didn't realize had legal meaning. From where I am standing, and from what I have asked friends / family, his art would be in our opinion considered a derivative work of what we do. They are very similar, just with a small detail changed. From my understanding of Canadian Copyright Law, I own the copyright to my work (and style?), and thus all derivative works.
So, my question for advice from you fine folk today, before I go spend my hard earned artist dollars on a copyright lawyer is : Do I have grounds for action? Should I "risk" sending a cease and desist letter (see earlier for why I say risk), and even more importantly are there steps I can take to make my case rock solid so I can confidently stop him confusing my clients and make him stop ripping off my years hard work.
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TL;DR : Local guy who works in the same field as I do, started producing works of art that are very similar to mine, with a single small detail changed. He is now confusing my customer base, and after recent events and talking to friends and family, believe that his work falls under "derivative works" of mine. What steps should/could/can I take to make him stop copying my years of study and hard work, or is this just not a possibility.
Thank you all in advanced. I'll read your comments in the morning and will reply where necessary.
Written By: legalartthrowaway100
Source: http://bit.ly/2VAZ1I5
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