Post #421308 by buddylove on Fri, Nov 28, 2008 7:57 PM

Dear Hot Lava,

I would love to clear all this up publicly. First and foremost, I appreciate your concern with this issue. I merely posted your link but in no way was directing this to you. The seller was contacted directly. I didn't see any reason to contact you since I figured you were only posting his "ad" so to speak. If you don't mind, I'll answer each of your questions individually.

• "What is your current relationship with Silver Shampain Novelties? In 2004 you called it "your company." Now you're selling a new sculpt here and on eBay, but not through the Silver Shampain Novelties site. Odd."

A: I am co owner of the the company. A friend of mine and I started it back in 2002. Back in 2003 I did a sculpture of the tiki (the one in question). It became popular for a while and all of a sudden, It pops up on Ebay and Tiki Central. Painted grey. I keep seeing photos posted and hearing about it being sold at Tiki Cons and such. The seller you list is the same seller that was on ebay. I was never completely satisfied with that version so I decided a few months back to resculpt it. I did this for 2 reasons. 1. I wanted to upgrade it with more detail and make it more accurate. 2. My 2003 sculpt was being knocked off. I told my partner that I was only going to sell the new tiki personally and not through our company. That is why it is not on the site.

• "If you're selling a new sculpt (which is way better), why do you even care if someone is selling a knockoff of your old design? Your new one is clearly better. Promote the heck out of it and let the market work it out."

A: Thank you for your compliments. I have been an artist for many years and regardless of how big or small a matter is, you have to protect yourself. People argue the "rights" issue a lot. The bottom line is, to directly take someones work that they did and make money off of it is illegal. If you did a painting of that tiki and someone went and made knock off color copies of the painting and started selling them. That would be illegal. Same thing. Of course their is an element of pride thrown in the mix as well.

• "It seems that every time anyone has a Brady Bunch tiki for sale, you claim authorship. BigBro remembers buying one from "a nice Rockabilly kid named Brian with a prop company," then points to your post from 2004 with your ordering info from Silver Shampain Novelties. Then you jump in a few days ago and claim that it was a recast of your piece, which makes it look like you're accusing yourself of ripping yourself off. Confusing..."

A: I don't care if 100 people do "brady tikis" The only time I have said anything is when I have seen my first tiki sculpture recast and painted in that grey color. That posting you mention is the same one that was sold on ebay and on your blog. It is the same tiki BigBro owns. It was by the same seller!

• "Do you realize that, in theory, it's as illegal for you to use the Brady Bunch name to sell your replica tikis as it is for someone to copy your design and sell it as their own. I'm not judging, I'm just pointing out the hypocrisy."

A: I can understand that. That is why I don't list them as "Brady" on ebay anymore. On here...sure I do. Maybe there is some hypocrisy on my end, but like I have said, a sculpture influenced by a generic design of an ancient warrior is hardly illegal. I never molded someones work. The work is mine. I would be just as happy selling it strictly as my version of a Ku Warrior and not even mention the Brady name. I list it as such for the fans. I have sold just as many not being listed that way. Does Barry Williams give a cut to the original Coco Joes owners every time he sells a recast of the original tv show tiki at his autograph appearances? LOL probably not.

"I have no problem taking down the post at Tiki Talk. When I compare the sculpts, they do look nearly identical, and I think you have a case. The other guy had 6 of his whatever-the-origin tikis left at the time I put up that post and isn't going to be selling them again once they're gone, which they may be by now anyway. Like I said in the other thread, I'd be happy to promote your Brady tiki. It's great!"

A: Honestly if he had not ripped me off and was selling his own version, I would say "right on"! I love tiki culture and the more the merrier! This was never about a compition. I would apreciate it if you did remove that listing. Thanks again for the kind words and if you do want to list, I would love to have my 2008 KU listed on your site.

Lastly, He told you about "getting ripped off" to cover his own ass. I confronted him about it on Ebay months ago. He got scared and pulled ever single one of his auctions down the same night! Like I have said I still have my actual clay sculpt of that tiki in question. The original. All the imperfections and dents, etc.. are all there. Holding them next to each other is plain and simple. He stole from me. I only wanted to post this to point something out to people. Not to open a debate. the fact are the facts. Again I never was poiting the finger at you HotLava. I love what you do over there at Tiki Talk. I hope I was able to clear some things up for your and everyonelse reading this. Take care