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Copyright Concerns
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The subject of copyright as it
applies
to handmade items is a subject dear to the heart of someone who is making
a living through their creative efforts. A copyright protects an authors
income by giving them the exclusive right to control the reproduction of
that work, whether they have created patterns, music, art, books or any
other specialized design. For work to be copyrighted, it must be
significantly original. An item or a technique so common it can be
considered in the public domain cannot be copyrighted. It must be
something unique and distinctive already in existence. Facts and ideas
cannot be copyrighted, but the way they are expressed can.
The Copyright Law Of The
United States of America, Title #17, Section #102 reads, in
part: "Copyright protection subsists in accordance with
this title, in original works of authorship fixed in any tangible
medium of expression In no case does copyright protection for an
original work of authorship extend to an idea, procedure, process,
system, method of operation, principle or discovery..."
Copyright infringement occurs when a person copies someone else's
copyrighted item without permission. To have a copy is not to have the
copyright. For example, you can photocopy a pattern to cut up or mark so
you don't ruin the original but not to give to a friend so she doesn't
have to buy one. This would result in a loss of income for the author. It
doesn't matter if the pattern is no longer available, or if you do not
charge for the copy. Likewise, when a persons’ creative effort is
photographed and published without permission, perhaps on a website or in
a guild newsletter, this is also copyright infringement. The creators
ability to profit by a sale of that photograph has been damaged.
The fair use exception to copyright was created to allow comment and
educational opportunities with regard to a creative effort. For example, a
school may choose to use a portion of a creative effort as an example of
the use of color. Fair use should utilize only a small portion of the
total item and should always be attributed. Fair use does not allow the
reproduction of an item, or the ability to publish a pattern of it without
the designers permission as that would harm the ability of the author to gain profit
from its sale.
You are free to use patterns from any book or magazine that you have
purchased. However, if you make an exact copy or a close adaptation of an
item from a pattern or book, the designer still owns the copyright on your
work and you must ask that designer for permission to publicly display it.
Many books and patterns will give permission "for
personal use and non-profit use only." This means you can
make an exact or a close item from the pattern and keep it, display it, give it to a friend
or sell it. You cannot mass produce items from the pattern and sell them
commercially.
Changing the color scheme or size does not transfer the
copyright to you. You would need to change the design enough so that it is
not similar to the original. However, a technique can not be copyrighted
so you may use another persons technique to create a unique design of your
own.
It is always best to give credit where credit is due. If you create a
work based on someone else’s design or technique, mention that in the
label or display information. What goes around, comes around - someone may
be inspired by YOUR work.
Register your copyright
As of April 1, 1989, every creative work is automatically copyrighted
the moment it is fixed in tangible form. If you would like to document
your copyright, place this comment on your work: "Copyright [dates]
by [author/owner]" You can use © instead of "Copyright"
but © has never been given legal force. You do not have to register your
creations with the Library of Congress for them to be copyrighted.
However, registering your design will give you added protection as well as
certain additional legal rights. If your work is copied by someone, you
will have to register for a copyright before you can file an infringement
suit. Before 1978, a copyright lasted 28 years and could be extended
another 47 years for a total of 75 years. After 1978, a copyright lasts
the lifetime of the author plus 70 years.
If you have a creative work and would like to register the copyright,
visit the Copyright Office Website at http://www.loc.gov/copyright
or call
202-707-3000 for the appropriate forms. You will need to send the form, a
photograph of your item and a fee to the Library of Congress in
Washington, D.C. The copyright registration goes into effect the day the
Copyright Office receives your application. Send your application by
registered mail so you will have proof of the date it is received as it
may take a while for it to be processed. Once the application is accepted,
you will receive a certificate of registration. You will receive a letter
or a call if they need more information or if the application is rejected.
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| Has someone copied your web design or
graphics? That is covered by copyright, too. If
the person who copied your design refuses to remove it from
their web page, complain to their host.
Remind them the Digital
Millennium Copyright Act of 1998 states in Section
512(c)(1)(C) that the service provider can escape civil
liability for copyright infringement if "upon
notification of claimed
infringement ... [the service provider] responds
expeditiously to remove, or disable access to, the material
that is claimed to be infringing or to be the subject of
infringing activity."
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