Creative Woodworks & crafts 2005-09, страница 20

Wes' Workshop

Kw tA/sse

by Wes Demorest

Lately I have received several questions regarding copyrights. As I'm not a laywer. 1 can't give legal advice. In fact, copyrights, trade dress, trademarks, patents, and releases are such complex areas of the law, all pertaining lx> intellectual property rights, that major corporations retain specialists to handle such matters. Although I'm not a legal professional, 1' U share with yon what I know.

I'm sure many of yon are familiar with the latest legal battles over downloading music from the Internet and not paying for it,

and that is only one small facet of this gem. _

Just as musicians write original music, pattern designers create patterns from their original ideas. That pattern, song, lyric, photograph, writing, or other creative endeavor becomes that person's original intellectual property and is, from that moment on, protected from being used by ANYONE else without their express permission. The word "express" is a specific legal word that really puts an obligation 011 both parties. The rights to these properties are controlled by their creators in all aspects of

any use, which includes the numbers and -

types of use, how long the rights last, and the cost of acquiring the lights from the creator. So where does that leave a budding artist? Watch out for your influences and inspirations!

Public Domain

Many things cannot be copyrighted and are in what is called the "public domain." Numbers, letters of the alphabet, wildlife species, and words found in the dictionary are just a few. But when you put together any combination of them, that combination is now your copyright, unless someone else beat you to it or it is derived from another similar pattern. Confused yet? Wait, it gets worse.

Assume that you would like to turn someone's carving pattern into a scroll saw pattern. The creator of the original pattern proba bly never considered that type of use, and being the creative type that you are, you work on it and end up with a beautiful design. You begin selling the objects you cut from thai pattern, and they sell like hoicakes in the arciic. Then, one day, you receive a regis tered letter from a law firm, and it is a cease and desist order, AND the originator of the design is seeking compensation for the violation of his copyright. Well, after your mouth goes dry, your stomach will start flopping around, and your knees will get weak. My advice is that you better seek leg;J counsel who specializes in the intellectual property rights field (not your family attorney).

Yes, dear reader, pattern modification is also covered. "Trade drfess," mentioned earlier, is another less known trap into which you can easily fall. An example would be if someone makes a bunch of different items and paints them all in a very similar and distinctive manner. Thai peison becomes known for his product line because, although the patterns may be of anything, the finishing technique is so recognizable. (One trade dress case in the courts involved a Holstein cow pattern, and the person copying it LOST!) Again, many of these issues require legal advice for the designer.

Let's look at another type of infringement. You see a photograph of an eagle in a magazine, newspaper, etc., and make a scroll saw pattern (rom it. Well, you are heading down a stony path. You make items from that pattern and use them as gifts, and it is only a

ZD • CiKtl-ive Wtuttrats; B. Crafts Sepuarber 2D05

We have heard some folks say, "All I have to do is make eight changes and it is my original." Not sol Whether you add or remove eight or 800 holes, it is NOT yours.

little rocky. Then they become so popular that you sell a few of them to some local folks, and the path now has bigger rocks. You step up to selling at a wider range of craft shows, and the iockv continue to get bigger. As your success grows, so does your distribution. One day, the original photographer sees your project, perhaps on someone's wall, in a store, or at a craft show, he recognizes it as one of his photographs and can prove it. Well, now you could get hit with a boulder.

We have heard some folks say, "All I have to do is make eight

_ changes and it is my original." Not so!

Whether you add or remove eight or 800 holes, it is NOT yours. You have to make changes sufficient enough that the original pattern is, at best, not even recognizable. Anything less and you are on thin ice. For example, say you see an original partem of a cardinal bird that sells well. You want the pattern to be your own, so you make it a bluebird. Well, it hail better not be a cardinal with his crest removed and colored different ly because that may not work.

- While you may think the consequences

for simply selling a knock-off that you made seem excessive, just consider how angiy (and rightly so) the origi nator of the pattern would be if you sold the pattern without his permission and under your name. Remember that the artists rely 011 their designs to distinguish themselves from the competition. They are juried into exclusive galleries, shows, and museums because of their uniqueness. If someone comes along and cuts into their market by selling kuock-offs of their designs, it effectively reduces their income through loss of sales, reduction of prices, and/or loss of exclusivity.

Releases

Did you know thai if you use a recognizable feature of private properly in a design you need a release from the property owner? And that applies to some public properties as well, such as famous architectural structures like cathedrals, casLfes, and the like. At the veiy least, you may need a permit to make images of anything within the boundaries of a federal, state, county, or municipal property or park to he legal. Those permits can get rather expensive, but fortunately, most are in the public domain. If you use a person as a model for your pattern, or a likeness of a peison, including celebrities (living or dead), you also need a release to keep yourself out of trouble.

Have you ever visited a museum, art gallery, or even certain tourist spots, mid noticed signs warning that photography or other recording methods are forbidden? Well, it may not be an issue of I lomeland Security. It may mean that the rights to the feature and its contents are already owned or controlled by someone else. And guess what? Most of them have set fees for your intended use and possibly royalties as well.

So. are you new designers out there looking over your shoulder and worrying about what is in the mail? If so, don't. The first step to avoiding these pitfalls is knowing they exist, and now you do. A chat with the appropriate lawyer will further clarify these matters and put your mind at ease. By the way, did I mention coloring books, and cartoon characters, and,..?!

For questions concerning this article, send a S'ASfc tc: Wes Demarest, 66 Snnver Rd„ Sussex, NJ 07461: email: we$@wood-wcrksandcraHs.com 1

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