What is the name of your state (Michigan but this probably won't apply.)?
First of all, I am not sure what category of law this would fit under.
Hoping a moderator will move it if need be.
Also... this is not a real case, just an argument going on in a forum board regarding artistic terms.
Someone posted "were it ever to arise in a court of law as a case of misrepresentation I have no doubt a judge would determine**************..
~~~~~~~~~
So here I am. Hoping a judge or lawyer or someone at least knowledgeable enough has the time to answer this one.
And I'll pass this along to the forum board too..
~~~~~~~~~
Here is our issue.
"Mokume gane" definition copied off the net...
Mokume Gane Definition
Japanese for “wood grain.” A Japanese metal-working technique in which sheets of metal are fused together and then forged, rolled, formed and filed to create a “wood grain” or other pattern. This technique was developed by a samurai sword maker, Denbei Shoami, in the 17th century.
now... polymer clay is a new medium. (in relation to the 17th century.)
Polymer clay artists have a very well published technique of making a block of clay in the "mokume gane" style. Slices of this can be applied to all kinds of surfaces as a veneer. Often such items are tagged with "mokume gane" to describe the technique used.
This again has been published in numerous poly clay books, tutorials, items are being tagged with key words "mokume gane" and it seems to me the term is out there. Widely accepted, and out there.
and here is the problem.
Metal workers who do the old traditional method are all up at arms over "mis tagging" of THEIR medium.
The argument is, it's not "mokume gane" if it's made with polymer clay. It should be called something else.
My point to them, is the term was coined because the technique is similar in that we use several layers of clay, fused together, embossed etc. and that's why the term was adopted. The material used is not the same. Just that the technique has similarities.
Other terms have had to evolve to adapt to technologies too.
"Print" for example. There was a time the only way to get a print involved making a wood cut, or etching, inking it, putting that in a press and making one print at a time.
Then came photography. And "prints."
And lithography. Also commonly called "prints."
Then the computer. With a "printer." To make "prints." On "printer paper."
And that argument has gone on for some time with traditional print makers taking offense every time someone tags an item with the word "print."
(Should be reproduction to them.)
Just another example of terms being used with newer mediums.
So.... what if this DID appear in court as suggested?
Is it misrepresentation to use a tag of mokume gane traditionally used by metal wokers on polymer clay?
How would a judge rule?
Just curious.
First of all, I am not sure what category of law this would fit under.
Hoping a moderator will move it if need be.
Also... this is not a real case, just an argument going on in a forum board regarding artistic terms.
Someone posted "were it ever to arise in a court of law as a case of misrepresentation I have no doubt a judge would determine**************..
~~~~~~~~~
So here I am. Hoping a judge or lawyer or someone at least knowledgeable enough has the time to answer this one.
And I'll pass this along to the forum board too..
~~~~~~~~~
Here is our issue.
"Mokume gane" definition copied off the net...
Mokume Gane Definition
Japanese for “wood grain.” A Japanese metal-working technique in which sheets of metal are fused together and then forged, rolled, formed and filed to create a “wood grain” or other pattern. This technique was developed by a samurai sword maker, Denbei Shoami, in the 17th century.
now... polymer clay is a new medium. (in relation to the 17th century.)
Polymer clay artists have a very well published technique of making a block of clay in the "mokume gane" style. Slices of this can be applied to all kinds of surfaces as a veneer. Often such items are tagged with "mokume gane" to describe the technique used.
This again has been published in numerous poly clay books, tutorials, items are being tagged with key words "mokume gane" and it seems to me the term is out there. Widely accepted, and out there.
and here is the problem.
Metal workers who do the old traditional method are all up at arms over "mis tagging" of THEIR medium.
The argument is, it's not "mokume gane" if it's made with polymer clay. It should be called something else.
My point to them, is the term was coined because the technique is similar in that we use several layers of clay, fused together, embossed etc. and that's why the term was adopted. The material used is not the same. Just that the technique has similarities.
Other terms have had to evolve to adapt to technologies too.
"Print" for example. There was a time the only way to get a print involved making a wood cut, or etching, inking it, putting that in a press and making one print at a time.
Then came photography. And "prints."
And lithography. Also commonly called "prints."
Then the computer. With a "printer." To make "prints." On "printer paper."
And that argument has gone on for some time with traditional print makers taking offense every time someone tags an item with the word "print."
(Should be reproduction to them.)
Just another example of terms being used with newer mediums.
So.... what if this DID appear in court as suggested?
Is it misrepresentation to use a tag of mokume gane traditionally used by metal wokers on polymer clay?
How would a judge rule?
Just curious.
