Craft
Marketer Newsletter
Craft Business
Ideas
Issue Number
25, April 26, 2003
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I get many questions about copyright for
craft artists, so this
issue will help answer important questions you may not
have asked yet, but should.
Simply put,
copyright is the legal exclusive right of the artist
of a creative work to control the copying of that work.
It’s highly
recommend you register your designs. We live in a
litigious society. It can actually happen where you have not
registered your copyright; another artist steals your design;
they then register a copyright in their own name first, and then
sue you for infringement, even though you were the originator.
Here are five
misconceptions regarding copyright about which
every craft artist needs to get clear to protect their designs.
#1 “Someone
buys my original art and now has the right to
reproduce it.”
False. Even if
you sell an original, you control the rights to reproduce
and sell or distribute copies, not the purchaser. The exception
being
when they specifically buy the copyright from you, which you
should
not do without careful consideration and large remuneration.
#2 “If a craft
item doesn't show a copyright notice, it is not legally
copyrighted.”
False now but
was true in the past. Almost everything created privately
and originally after April 1, 1989 is copyrighted and protected
whether
the piece contains a notice or not. You should assume for other
artist's
works that they are copyrighted and may not be copied unless you
have
permission or you know otherwise. It is true that a notice
strengthens the
protection, but it is not necessary. If it looks copyrighted,
you should
assume it is. This applies to pictures, too. You may not scan
pictures
from magazines and use them in your work without permission. You
must be careful about applying "fair use" in justifying copying
other's work.
#3 “The work
is in the public domain, so I don't have to get permission
to use it.”
Don’t count on
it. Public domain refers to the lack of copyright protection.
A design or piece of work may have become trademarked or
identified as
a logo for its originator. Works not registered or protected
under copyright,
may enjoy protection by trademark or some other form of contract
law.
Also, identifiable people such as celebrities may have rights as
to the
manner in which their name or likeness is used.
#4 “If I don't
make money from the sale, I'm not in violation of an artist's
copyright.”
False. Whether
you ask money or not may affect the damages awarded
in a lawsuit, but it's still a violation if you take control of
someone else’s
design and give it away. You may be found guilty of causing the
originator
damages by hurting the commercial value of the piece.
#5 “The design
/ artwork I plan to copy was in an out-of-print book.
Therefore, the design is in the public domain and I don’t need
permission.”
Don’t count on
it. A book can go out-of-print while still being covered by
copyright. A book that is out-of-print is considered in a
temporary state.
The copyrights usually go back to the author or illustrator,
which means
the underlying copyright protection is still in effect.
The material
above is excerpted from the Special Report called
12 Myths of
Copyright for Artists and Craftpersons
by James Dillehay.
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