How many threads titled “Someone is copying me” have you seen in the etsy forums this week? More than one? Probably. Copyright is a hot topic with designers these days. Nicole Campenella of Beadwright on etsy has published an informative article about ethics and copyright law, providing practical tips for artistans, crafters and artists. I thought it was well worth sharing with everyone here. Thanks Nicole!
Nicole’s article:
There are many publications discussing copyright and in the online forums opinions about this subject differ widely. The fact remains, abiding by applicable copyright is the law! Over the past 6 months I have discovered that some just don’t get it or don’t choose to abide by the law. However, for those of us who design we should be aware that this law is to protect us.
Copyright covers all art and designs. US Code Title 17 is a vast amount of text that covers every aspect of your original designs. It states that at the time of completion, published for the public or not your work is copyrighted. This must be an original design. With the millions of people now beading there are going to be ideas coming to more than one person.
There are two ways to handle this. Keep a journal just for your original designs. Date the start of the project, how you put it together, and when it was finished. Take photos during the making of the item and at it’s completion. Anyone can write this up at any time and put any date on it, right? Sure they can, however, photos are timed stamped and provide better proof.
The copyright codes also explain a “poor mans” copyright. When your project is completed write all the important information with photos and mail it to yourself. Do not open it. Keep a record and store it away. Filing for a copyright from the US government is an easy process that will cost about $15.00. However, the history of copyright protects you without having to file a thing.
Copyright began as the Licensing Act of 1662 by Charles II of England. By 1787 the United States added The Copyright Clause to the Constitution, mainly for science and useful arts. This clause guaranteed authors and inventors a period of time to profit from the work they were doing. In 1886 the Bern Convention was established. This enabled recognition of copyright among sovereign nations. Under the Bern Convention all works of art are copyrighted and do not have to be registered in other countries that signed into the convention. The US and Latin American countries, in 1910, entered into the Buenos Aires Convention. This required a copyright notice, such as “All Rights Reserved” stamped clearly on the works.
In 1952, the Universal Copyright Convention was drafted and ratified by nations such as the Soviet Union. In 1995 the strict regulations of the Bern Convention were Incorporated into the World Trade Organizations. This gave the Bern Convention nearly world wide application. 2002 brought about the WIPO Copyright Treaty that placed wider restrictions on use of technology and copy works to the countries that ratified it.
Copyright Law is pretty much standardized world wide so when I design a new piece, photograph it and post it on my blog or website it is mine! It is against the law to copy it in any way, shape, or form. For how long you ask? For the duration of my life and 70 years past my death. It is a violation of Copyright Law to create, teach, sell, reproduce in any manner or form through old or new technologies works other than your own, without the expressed written permission of the author.
You can not legally reproduce a piece from a magazine, book, Internet, or from a class and sell it! You must have the written permission from the artist. It doesn’t matter that you informed the buyer who the designer is. A violation of Copyright Law. You can not take a class and then turn around and teach that piece in your own class. You must have written permission from the instructor. A violation of Copyright Law. You can not buy a piece of art, reproduce it and sell it in your B&M or online store with out the permission from the artists. A violation of Copyright Law. It only takes a minute to write an email to ask permission. It is the right thing to do, it is the ethical thing to do and it is the Law!
If you question whether what you are creating may be a copyright violation, it probably is. Don’t do it!
Be considerate, Bead with Honor and Integrity.
Nicole is offering a Bead With Honor and Integrity tote bag to proclaim your ethical stance to all. All proceeds from the purchase of this tote are directed toward art and copyright eduction. To purchase this tote, click on the image listed below to be taken to Nicole’s etsy shop.
Don’t miss a single post.
Follow this blog: Click here
Follow via email: Click here
Want to be notified of subscriber only sales and other special events from ShinyAdornments? Sign up for my newsletter
Thanks Kristy! The more we get the word out the better our art world will be.
Nicole/Beadwright
Thanks for posting this information! People forget that just because they CAN make something they see, doesn’t mean it’s legal…
Kristy (and Nicole!) – great info – thanks for sharing!! Important reading for everyone!
NOW….check out my blog for a very deserving award that I’ve given you today!
Peace, Sue
Great article! Thank you for sharing.
This is a great article! and it addresses the ethical issue, which I believe is really what a lot of people are concerned with, over and above the legal aspect. It really isn’t that hard to be ethical, courtesy is the first stop on that train!
Thanks for posting this!
Perri