Watching Out For Copyrights
One subject that always seems to be popular is that of Copyrights. Where do we cross the line from inspiration to violating the hard work of someone else? While in many cases it’s clear, sometimes it can be a difficult question to answer.
Sometimes you may not even be aware that you are violating someone else’s work. For example, if someone brings you a picture they want to have printed on a mug or a sweatshirt. Maybe they found a saying on the web they really like and what it engraved. What should you do? Do you go ahead and print or engrave it? Do you simply ask them where they got it and as long as it sounds good, go ahead? What is your level of responsibility to verify it?
Even if you aren’t in direct violation of a law, what is your ethical responsibility? I would really like to know what your thoughts are on this subject rather than just go on about it. Drop a comment and share your thoughts with the group. It’s always helpful to hear what others have on their mind.
The line between copying or creativity is a toss up. How many different ways can I use any particular crochet stitch to create a garment in my minds eye before it’s questioned. Knit and crochet stitches are so similar now. In some art there is no black or white.
As with sayings, how far is too far when you quote an ex-president or a dead one. How can you really copywrite a saying. I say things all the time, people haven’t heard and then it becomes a tagline for them and that doesn’t bother me, I’m happy they get it and find it useful.
There are times two people do come up with the same creative ideas. How many times can one photograph a rose and turn it into a tulip. It’s still a rose.
I thought I had created and designed something new and unusual for brides.. When I showed my niece, turns out she saw the exact same thing I made, on a bridal web site someplace.. So then I looked on ebay and there were a couple people making the exact same thing on ebay. There is alot of infrigement upon designs going on in Ebay.. How do you stop it and How do you even know if it is copyrighted??
Our biggest question focuses on using “licensed fabric”. The companies who license the fabric wish to control its’ future use (and ‘destiny’) until the end of time. While we operate under the principle of “First Sale Doctrine” we are aware that many companies with to be paid for their product multiple times - MLB and Disney are a couple of these ‘little Hitlers’. At this point we simply refuse to buy products from these two organizations (and other of the same ilk) at all since we are discouraged from making product and then selling our product from their raw materials. It is my fervent wish that all others do the same so that their licensed product will, no longer, be profitable. In fact, I’ve taken it a step further in that I will avoid buying ANY product from these two venues (and others) so as not to generate ANY profit for them.
That is our approach. For more information on the “Doctrine of First Sale” please check out http://www.tabberone.com/Trademarks/trademarks.html for more information.
Dan
I recently graduated from a design college and we spoke at length about copyright. Mostly about how to protect yourself in regards to theiving clients, who you make something for and they turn around and don’t pay, but still use your work. I’m speaking about corperate work like logos, illustrations, but it could be any design, like a sculpture or a piece of art. Unless you have a SIGNED document stating you were doing work for them and had agreed to a payment, you’re up a creek. In regards to copyright internet image theft; a friend on mine recenly had an illustration of an owl that he made for a poster stolden on several occations. Periodically he has to search the web for the thieves and send them notices to stop or he will take legal action (but some will not give notice). One woman’s embroidered jacket shop had his design up as a template that you could have put on your jacket. Another guy made an illustration that it’s obivous he used the design as a jumping off point. In illustration or logos, art etc. if the image meets the original on more then 15 points (not sure the exact number anymore) you are breaking copyright law and can be sued. If however it is a craft, I have heard stories of crafters seeing their ORIGINAL designs sold by large corperations. These individuals go to trial only to lose because the corperation changed some small details. So my advice to you fellow crafters, if it’s not copyright (if it’s beening sold at a craft show it’s probably not…but it could be) make some changes as to not get in trouble. Sure that may be unethical to some, but you’re covered from a illegal point of view. As for using images that you suspect are from the internet or copyright, that is completly up to you. Some legitamate copy centers will accept, and some will not. Legally you must say “NO” if you suspect it is copyright, or you could be liable for selling it (double the profit you made selling it, plus court fees). As for photography; unless you are the person who took the photo, it is stock (you bought the rights) or public domain (50 years after the author has died) then the image IS 100% copyright. However if this is something for a client who is only using it at home, your chances of getting caught are very slim. Use your own discrection and NEVER make or sell something copyright (even to please your clients) if it will be published in some way (internet, magazine, company use, etc.). You can and will most likley get sued!
If we use something for a personal purpose, just because we like it and want to enjoy it everyday, or if we want to please someone who asks you for using it on a project, if it’s a “one-time stand”, I think it is almost okay, after all, Art is supposed to be popular and to be enjoyed by everybody who likes it.
It becomes dishonest or unethical when we use it to make money on it and by making believe people it is our own creation. At least, if we want to use something made my another person in such a context, we should ask for an authorization to use it, and it should be clear that it doesn’t come from our brain, by saying something like “according to Mr X who created it”. And I think it would be much more interesting if we did customize it according to our own inspiration, like a new interpretation of the thing.
For example, David Hockney has been much inspired by Picasso or Van Gogh. We know it, he said so, and for example his chair is almost more amazing than Van Gogh’s chair.
I really think it’s boring to use someone else’s stuff, there is no fun in that, it means we have no talent or/and no imagination at all. It’s not really satisfying. And I will never understand how people manage to copy paintings, photos, whatever it is, as if they were their own created items and to use them with no remorse. Only empty minded people can do that.
The least we can do is saying the truth, it avoids a lot of misunderstanding and shame when it is discovered, as it is always discovered one day or another.
I’ve heard about a new law in the US, saying that everybody could use everybody’s pictures on the Web ? I don’t know if it’s exactly that, but I don’t understand how someone would like to make believe, for example, that this woman with the red hat and a dog in her arms who looks like her, is your aunt, when it is not, when you don’t even know that person. What is the aim ? I don’t get it.
And dishonest people will always find the way to cheat or steal things for the money. But they will always need someone else to exist on the market.
At least, true artists need nobody, their talent will be always their own, that is something which can’t be stolen.
Copyright our stuff is cautious, but we can’t pass our whole life fearing to be copied, as it will happen anyway. It probably means that we are talented, isn’t it a little flattering ?
I design and make all my own teddy bears and dolls so that I don’t run into copyright issues but can I say that it doesn’t infringe on someone else’s design? Probably not as there are only so many ways to make a teddy bear or doll. Somewhere someone else has had the same idea and is making the same product. I have had my work copied by someone taking a picture or buying one of my products but that to me is flattering, that they think my work is that good. Even when I make my things, no two ever turn out the same, so how can I tell if someone is copying my work unless it is a large corporation where everything looks the same. I have seen vendors at shows that had to take everything they made with a Disney or major league sport logo off their shevles. Those corporations really watch the shows and make the people remove the products. I stay away from these corporations and their products.
M-Chan, you made the statement “So my advice to you fellow crafters, if it’s not copyright (if it’s beening sold at a craft show it’s probably not…but it could be) make some changes as to not get in trouble.”
I think this should be clarified as it may leave the impression that a product which someone has designed and created may be available to copy.
In fact, if you design a product, paint a picture or create some other type of work that is covered by copyright laws, it is protected by copyright at the time the work is fixed in some form of permanent medium.
So, don’t think that you wouldn’t be liable if you copied someone’s work and they hadn’t formally filed a copyright. They are still protected.
As I understand it (I’m not a lawyer), they can’t sue until they have a formal registration, and if you infringed before they registered, their damage claims are likely to be reduced. But the protection still exists.
Of course, this also means that your designs are protected. If you see someone making a direct copy, you would have the right to tell them to stop copying your design. It belongs to you.