What is Copyright Infringement?
Can I sell crafts made from designs I get online or from magazines and books?
In most cases, the answer is "NO" unless....unless the source you are taking the image from is the copyright owner and specifically says you are free to use the design for commercial purposes.
If you don't see such a notice, the image or design cannot be copied for resale. To do so is copyright infringement.
This doesn't mean that you won't find people making and selling crafts with pirated designs.
If you have
questions about copyright law like "are titles names and logos protected
under copyright" and "what happens to a copyright when someone
dies" and "how long does a copyright last", a great website
with self help legal resources for artists is
www.starvingartistslaw.com
The question you really should be asking is
"How do I protect my designs from being pirated (copyright infringement)?"
Unfortunately, it can happen that the more successful and visible to the public you become.... ....the more likely that someone will attempt to pirate what you do and try to profit from your work.
Part of dealing with the challenge is to always be one step ahead, by continually coming out with new and better work. But along the way, you need to protect your creative property from copyright infringement.
When is a copyright registered? If an infringement issue comes up, your registration needs to be the first. Register your designs by filing a copyright application. See www.copyright.gov
What if you have registered a copyright and discover someone using and selling your original designs?
Send the offender a "cease and desist" letter informing them that you have registered a copyright for the item in question and that they have used your design without permission and are in violation of the copyright law and subject to legal action and fines of up to $100.000.
You can say that if they don't destroy all copies of the work or send them to you within 48 hours, you will initiate legal measures. A sample "cease and desist" letter is available free here.
Should it come to a lawsuit for copyright infringement, the person with the earliest registered copyright has the best chance of winning.
Read related article: 5 Things Every Craft Artist Must Know About Copyright to Avoid Lawsuits and Protect Your Designs
The next video in the series goes into another frequently asked question, "Where can I get craft supplies at the lowest prices?"
Craft Business Video 15 of 20 in the Series answers the question: "Can I sell crafts made from designs I get online or from magazines and books?" from "The 10 Most Asked Questions About Selling Crafts and the 10 Questions You Should Be Asking" Watch the Entire Video Series on Selling Crafts
Video 16 answers the question you should be asking: "How can I protect my designs from piracy?" Video 16 of 20 in the Series:
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