Legal Question in Intellectual Property in Pennsylvania

Re: Designer of Monument accused of Forgery

If your husband created an original work, he should of course receive appropriate credit. It should not matter if he used some elements in the public domain.

As to retribution, I would first try to understand what the actual allegations are, what your husband did, and put anything your husband did on firm legal ground (like registering a copyright if possible, in the memorial.) You could then seek some kind of apology and/or relief -- remembering the stronger position your husband is in to claim the work as his own, the greater the likelihood the other side will apologize.

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Re: Designer of Monument accused of Forgery

If what you write is accurate, your husband has a number of potential actions. As to copyright, the fact that a work includes elements that are in the public domain does not necessarily deprive it of copyright status. Look at Calder's scupltures. As the creator of the work, he is entitled to the copyright so he should register with the copyright office (www.copyright.gov). You mention he worked with and sought approval with the society. Was there an understanding, written or oral, that he was designing this at the request or commission of the society? If he was, and the agreement was in writing, appropriately worded, he may not own the copyright. Also, if he was a member of the society and it could be construed that he did this within the scope of his member/officer responsibilities there may also be an issue of ownership.

As to signing the monument, there may be state laws in PA defining unfair trade practice such as misappropriation, false attribution of credit, etc. You need to consult with an attorney in your state.

As to the claims of forgery, if the claims are untrue your husband would clearly have a cause of action for libel (for written defamation) and slander (for spoken defamation) against the co-chairman and the society as he made the charge on society letterhead and in a society setting. You need to consult with a local attorney as these actions are based in state law.

Depending upon whether you want to engage an attorney (which I recommend) and spend money to assert your rights (an initial consultation with an attorney should be a modest fee, if any, at least to convey the full story and get a full opinion) or non-legally, you should act before 9/10. If you proceed non-legally, perhaps you should write an open letter to the board, a letter to the editor of your local paper or get a local reporter interested in your story, or all of the above.