2 Kommentare

Hey Max, I was looking at the Scorpion bust and saw where it said you make the print file and you make to order. How would I go about ordering one from you? Also could you tell me the height?

Thank you for your time,
Brian

Subject: Richard ORLINSKI / MAKSI3D – FORMAL NOTICE

Dear Sir,

French artist Richard ORLINSKI, of which I am the Attorney, has informed me of the existence of a dispute regarding the sale of Kong by MAKSI3D on the platform: www.cults3d.com , that infringe his copyright.

1 – The artist Richard ORLINSKI
Richard ORLINSKI is a famous French artist sculptor, who has been conceiving a collection of original works under the name "BORN WILD" since 2004. This collection consists of a series of faceted animals (of monumental sizes), in bright colors, of Pop Art inspiration.
Richard ORLINSKI is the contemporary artist ranked No. 1 of the best-selling French artists and has been for many years among the Top 10 most sold French artists in the world by ARTPRICE.
In particular, he created in 2012, an emblematic sculpture entitled "WILD KONG", represented below:

WILD KONG Sculptures by Richard ORLINSKI created in 2012
The Works have been designed in different sizes, materials and colors.

The originality of this sculpture by the artist Richard ORLINSKI lies in the specific combination of the following characteristics:

• The stylized and angular shape;
• The resin material;
• The multiple facets cut like a diamond;
• The shiny aspect;
• The proportions.
• The open mouth showing the teeth;
• The arms folded on the chest;
• The bent knees. This work (WILD KONG) is protected by Articles L.111-1 and following of the French Code of Intellectual Property, and under the Copyright.

2- The “WILD KING KONG” BLUE SKY sells on CULTS

It appears that you are selling a 3d model of sculpture called “WILD KING KONG” (here after “KING KONG”) on cults3d.com
The model of the monkey sculpture is available on the CULTS3D at the following URL: https://cults3d.com/fr/mod%C3%A8le-3d/divers/wild-kong

KING KONG sculptures sold on your cults3d eshop
3 – Acts of counterfeiting :

WILD KONG” created by Richard ORLINSKI is undeniably copied by your WILD KING KONG. Indeed, there are many similarities between your 3d model sculptures an the WILD KONG of Richard ORLINSKI :
o The stylized and angular shape of Kong;
o The shining aspect;
o The resin material;
o Tight points on the chest.
o The facets;
o The specific proportions;

The Article L335-3 of the Intellectual Property Code provides that the offense of infringement is constituted by the fact of reproducing a work of the mind, in violation of the rights of its author.

I would like to remind you that, according to a consistent jurisprudence on the subject, counterfeiting is assessed in the light of the similarities and not the differences existing between the works, and by the overall impression of emerges.
In the present case, in view of the numerous enumerated above-mentioned similarities between the litigious sculptures and the original and prior works of the artist Richard ORLINSKI, and the similar overall impression that emerges from them, it is clear and undeniable that the work you hold are counterfeit works of our Client.
This unauthorized copy and sale of his work causes the artist Richard ORLINSKI serious damage to property and moral damage since the infringing works undermine the integrity and spirit of the collection "BORN WILD" of the artist Richard ORLINSKI.
4 – Unfair competition:

Parasitism refers to, for a physical and moral person, copy for profit and in an unjustified way, an economic value of others, individualized and provide a competitive advantage, the fruit of knowledge do, intellectual work and investment.
The works of the artist Richard ORLINSKI have an economic value for prestigious works of art, and are the result of, not only of an artistic work, but also of a know-how.
The sales of the contested sculptures constitute intentional mistakes in that you could not ignore the artist's earlier rights when the artist Richard ORLINSKI and his works are mediatized in particular in all the exhibitions in public spaces of his monumental works.
Thus, you are profiting from our Client’s fame and reputation to sell copy of his work.
It follows from all of the foregoing that the imitation of the works of our Client, knowingly, constitutes a fault of parasitism, committing your tort liability on the basis of Article 1240 of the Civil Code.

5– Formal notice

You must know that infringement of copyright is a criminal and civil offense, punished by article L.335-2 of the French Intellectual property.
As the seller of these decorative items, you are also exposed to criminal punishment, as provided in article L.335-8 of the same Code, that provides that legal entities that may be declared criminally liable for the infringements provided for in articles L.335-2 to L335-4 shall incur not only a fine that is up to 5 times the one provided for individuals, but also a series of specific punishments provided for legal entities.
Art lovers, knowing the artist Richard ORLINSKI, can only be choked by the presence of these counterfeit sculptures.
Therefore, not only is it an infringement, but it also alters the original art work, causing a violation of Mister Richard ORLINSKI’s moral rights on his work.
Such acts, whiwh cause severe damages to Richard ORLINSKI, cannot continue.

1) In view of the above and in view of the seriousness of the acts committed, our Client has asked us to issue a formal notice to you within eight days:
Stop offering for sale the counterfeiting 3d model “WILD KING KONG”
2) Remove promptly these sculptures on sale on your CULTS3D eshop;
3) Immediately stop any sale of these 3d model sculptures and commit not to sell other models
for the harm suffered by the artist Richard ORLINSKI based on counterfeiting and parasitism;
5) Provide us with the contact details of the supplier(s) of the 6 counterfeit sculptures.

In the absence of a satisfactory response and/or within the mandatory time limit indicated above, we have been instructed to take any action, including judicial action, to protect and defend our Client's interests.
You must consider this as a letter of formal notice likely to give rise to any delays, interests and other consequences that the law attaches to it, given the age of this situation and the patience shown by our Client.
Finally, please note that we are at the disposal of one of our colleagues who is defending your interests, in order to meet with him if necessary, on the occasion of this case.
Kind regards.

Julie JACOB
Partner