American Glass Explosion

A.G.E. is known for holding special events that make our show more than just a trade show. An exclusive industry award show is held after hours at A.G.E. every Spring. Specialists have come to share their knowledge as guest speakers for seminars. Non-profit auctions are held to raise money for a good cause and involve our artists in positive ways.  The most prestigous glass blowers in the world come to demonstrate their expertise by doing live demo sessions. Incredibly rare collabs are created during show hours. We welcome all artists to share their new innovative ideas. No other trade shows for our glass community combine so many incredible events into one. 

 

AGE is a non-profit show. We have created a family oriented environment that is cost effective and profitable for the glass artists of our industry. 

 

We take good care of our attendees, both buyers and exhibitors alike. A.G.E. was created to better serve our industry as a whole. It is made for us, by us. All feedback is appreciated so we can continue to make progress. 

 

SEE BELOW FOR GENERAL INFORMATION THAT MAY BE A CURRENT TOPIC IN YOUR AREA.  

 

MARCH 2013 COMMENTARY OF THE MONTH

COMING SOON

 

JANUARY 2013

FYI of the month

commentary by:  Allison Margolin

 

Q:  Whats up with all these people posting Youtube, Vimeo and Facebook videos of my product...without my permission?  I didn't authorize the publicity of my product to be used with anything other than tobacco.  I don't like how this looks for my company.

A:  If you actually legally own the entity name of your company/product line, then you have a leg to stand on for something like this.  First, you can send the culprit a standard friendly message:
"Hi, thanks for your interest in our product line.  However, we have not authorized the use of your company name in your videos.  If you would like to omit certain portions of your video and send to us for approval, we are happy to then promote the approved final cut.  If you do not want to omit these portions, then you do not have permission to use our company name in yoru videos and must remove them immediately.  I'm sure you understand.  Thanks." 
If they don't remove the video, then you contact the site; that the videos contain copyright infringements. They will forced to remove the videos immediately. 

 

Read further for more information.

• The first amendment allows for freedom of speech and the press, which may lead to the general public taking photos of and/or making videos with your glasswork and without your consent.
  • The good news is, works of art (sculptures, paintings, toys) are protectable by copyright and a copyright owner has the exclusive right to reproduce a copyrighted work, and photographing or making a video of a copyrighted work is considered a way of reproducing it
  • Copyright law protects your artwork as soon as the original work of authorship is fixed in a tangible medium of expression (or in other words, as soon as the artwork has been sketched out and/or actually made in some form where it can be seen/touched/observed)
• A youtube/vimeo user must ask for consent to use an image or name of your product in his or her video.
  • Unless the video is being made for newsworthy purposes (or gets your permission), the person making the video is generally not legally protected to use your product. Even if the video is to be used in the press or for a newsworthy purpose, the press can also get into trouble, as names and images have both monetary and artistic value.
  • Also, a videographer or photographer's reproduction of another's artwork may be legally protected if it qualifies as a “fair use.”
    • “Fair use” is a copyright principle based on the idea that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.
    • However, if a copyright owner disagrees with your fair use interpretation, the dispute may have to be resolved by a lawsuit or arbitration.
    • People who infringe on trademark/copyright of an owner may be liable for civil damages
    • Whether the use or reproduction of another's copyrighted work is fair use is decided on a case-by-case basis through consideration of the following factors:
      • The purpose and character of the use
      • The nature of the copyrighted work
      • The amount and substantiality of the portion used
      • The effect on the potential market for the protected work/the effect on the potential market for the value of the protected work

Copyrights vs. Trademarks: Related but Different

Copyrights and trademarks, which are sometimes confused, provide different forms of protection. Copyright law protects the way authors and artists express facts and ideas (but not the underlying facts and ideas). Unlike copyright law, trademark law protects names, titles, short phrases and other symbols that distinguish the source of one product (or service) from another. Trademarks -- which are a form of commercial shorthand -- are important in a marketing sense because they establish goodwill between a purchaser and seller. A service mark relates to services in the same way a trademark relates to products.

Just about anything that identifies and distinguishes products and services in the marketplace can function as a trademark. A trademark can be a word, symbol, distinctive phrase, design, product shape, combination of letters or numbers, or even a sound or a smell that identifies and distinguishes particular goods from those of others.

Unlike copyrights that exist from the moment of creation, trademarks generally develop over a period of time -- gathering strength through public recognition. While copyrights grow old, die and fall into the public domain, trademark rights can continue indefinitely if there is continuous use, and the mark (shorthand for trademark) is not permitted to lose its trademark significant by becoming a generic term. Even the tests for copyright and trademark infringement differ.

Take the Trademark Infringement Test

Copyright infringement requires "substantial similarity" of protected elements, whereas the test for traditional trademark infringement is "confusing similarity." That is, the test for trademark infringement asks whether the ordinary buyer -- not looking for subtle differences or fine details -- would believe both products (or services) came from the same source. The key to trademark infringement is "likelihood of confusion," i.e., whether two marks are sufficiently alike to cause consumer confusion as to their source or origin. Courts consider the following factors in determining likelihood of confusion:

1. Similarity of the conflicting marks;
2. Relatedness or proximity of the two companies;
3. Strength of the senior users mark;
4. Marketing channels used;
5. Degree of care likely to be used by purchasers in selecting the goods;
6. The “second comers” intent in selecting its mark;
7. Evidence of actual confusion;
8. Likelihood of expansion in product lines