Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Tuesday, February 7, 2012

Win for the Not so Little Guy


Almost every type of designer in this country has felt the pressure imposed by someone copying their work - namely by Chinese manufacturers who can make "the same*" product for less. Just this week alone, I have been beseeched by Chinese manufacturers via my Artfire shop to allow them to make beads for my shop!

DO MY BEADS LOOK LIKE CHINESE CRAP???  Yes, I know, I've always been a bead snob. I can spot cheap Chinese fakes a mile off! And I've always had an eye for genuine Swarovski crystals. I can tell the difference between Swarkies and Czech! And most certainly Swarovskis and Chinese knockoffs!

Interestingly enough, Swarovski has fought hard to protect it's image and product over the years, getting patents on certain cuts and even developing their gross packs to not be resealable (Thieves were stealing the packages from jewelry stores that legally sell in smaller quantities, filling the packs with Chinese knockoffs and reselling as genuine!) . And they recently took it to court against a Chinese company violating their Intellectual Property! [The bold red italics below is mine. I LOVE THAT PART!]

From the Swarovski Elements site:
An infringement recently occurred in China: the company namely Yiwu Yongyang Ornaments Co., Ltd. stood accused of producing and distributing flat-back stones imitating SWAROVSKI’s patented XILION cut design. A civil litigation was filed by SWAROVSKI and lead to a settlement in which the defendant admitted engaging in an act of plagiarism that constituted infringement of SWAROVSKI’s registered design patent. The perpetrator was obliged to destroy the goods in question in the witness of the plaintiff; pay a substantial monetary compensation; and issue a public apology that included a statement of intent never again to infringe SWAROVSKI’s design rights.SWAROVSKI’s pursuit of justice was wholly based on the unfairness of plagiarism. SWAROVSKI ELEMENTS take years of costly research and development to produce innovations. Protecting SWAROVSKI’s business partners worldwide from the knock-on effect of such acts of theft is a key motivator for prosecution.

Win one for the not so little guy! More companies need to do this!!

*You all most certainly know that Chinese lampwork is NOT the same as true artisan lampwork right??? It's not cleaned, not annealed and breaks easily. Remember, with art glass, you get what you PAY for! And thanks to the Chinese, you are paying less and less and real ARTISTS are struggling to survive! 


Thursday, November 19, 2009

AGLF - Get Your Calendars!

Running really behind today... sometimes work gets in the way of beading fun!

The Artisan and Glassworkers Legal Fund (AGLF) is having a fundraiser. This fund has been created as an unincorporated association to assist in the legal fees associated with stopping Ullja Kuntze from continuing to harass, defame and libel her competition.

I will be working with the AGLF on the layout of the calendar which will have 108 images from artisans who have been libeled by Kuntze.

You can purchase a calendar or make a donation HERE. There are also links there to artisan listings benefiting the AGLF on Etsy and Artfire.

See you Monday on Holly's Folly Beads.a

Wednesday, August 12, 2009

The Lampworker and the Law: Fire Codes

There has been a ton of negativity in this industry lately and I simply refuse to buy into all of that...it's easy enough to find without my providing links. I thought instead I should concentrate on the positive. This will be the first in a series of posts meant to inform members of this community and to promote business owner's that have been libeled by the negativity and outright lies floating around.

Let's begin with fire codes. I don't know of a single lampworker who goes into this hobby / profession lightly. There are many safety considerations: storage of tanks, tie-down of oxy tanks, leaky lines, ventilation, work-surface protection, and the all important fire extinguisher. Let's face it: NO ONE wants to blow their house up or even injure themselves! Most of the lampworkers I know took several classes before ever bringing a torch into their home. And all gave that list above great consideration.

But is that in compliance with the law??? I don't know about your town but I found out a lot about what my county requires by placing a call to my local Fire Prevention office. I got transferred about three times before I got a compliance officer. So I will speak of L.A. County here but would like each of you to contact your own Fire Prevention office as rules can vary.

L.A. county subscribes to the rules set forth by the Intenational Code Council, an association dedicated to building safety and fire prevention. Cities can take this code as is or improve upon it to meet the specific needs of their community. Here are some of the highlights for my county:

Permit:
Some cities may require a hot work permit. This permit often requires an inspection which reviews all of the above and can address how and where you store your tanks and how many you can have. Type of tools, amount of gas and specific city determines whether or not this is required.

Storage of tanks: Oxy tanks must be chained and placed twenty feet from any gas or other combustible. Alternately, a fire wall between the tanks is acceptable.

Amounts of propane needed for lampwork really is a non issue...we are allowed up to 125 gallons (The most I ever have is 15 - and that's counting my barbeque!). The tanks must be stored five feet from my home and my neighbor's property. There is no recommendation for distance between tanks for such a small amount. Over 250 gallons, tanks must be three feet from each other.

Additionally, tanks not in service must be disconnected and closed. (Can I get a "Duh!" here???)

Location:
Here in LA LA land, there are very few basements...thanks to the earthquakes we have. Yet I live in a mountainous area with a bedrock base; Many in this part of town have basements. I was shocked to learn that propane is not allowed in basements here because it is heavier than air and, if allowed to accumulate below the house, could easily blow up. Good thing I don't have a basement!

It is completely illegal to do any hot work in an apartment. Often the gas tanks are an outright violation of a tenant agreement. It is also not permitted on a ship...so much for my living-on-a-boat fantasy!

Other Recommendations:
Keep floors clean.
Check tank connections with soapy water.
Know the life span of your equipment and replace worn hoses.

All of the above is good basic safety info and is required IF and only IF your Fire Prevention Office requires a permit. Or if you don't want to blow yourself up.

Mine DOES NOT require a permit because: 1) I am using small amounts of a gas frequently used around a home and 2) I am using a "self-contained torch apparatus" designed for the specific purpose of mixing oxygen and propane safely.

That being said, do I adhere to all the ICC recommendations above? ... well, I COULD keep my floors cleaner but Hell yes, I do!

So, if you stick to the rules above you probably aren't breaking any law. And, should the Fire Inspector mysteriously show up on your doorstep... they just want to keep you safe. Be nice, work with them and you'll be safer for it!


Artwork above from T-shirt available on Zazzle.