Wednesday, May 21, 2008

Talking about Copyrights

Especially those copyright laws concerning the crafted product, which includes ceramic designs.

This, according to the federal copyright laws.

Things like vases and dishes, cannot be copyrighted unless the object is also art, which can be viewed as art in its own right, aside from its utilitarian purposes. In other words, a vase cannot be copyrighted but if the design itself would be displayed, simply for its artwork (which is actually in pot itself, not painted on), the its the artwork that is being copyrighted.

Painted designs on things like a plate or vase, cannot be copyrighted, simply because the copyright law covers only those items which are 'fixed and tangible'.

Fixed and tangible means, in its final form and capable of being used or viewed by others, in its finished form. This means a sketch of the pot is not copyrightable. Only the final finished piece, is copyrighted. So if you're designing something, it cannot be copyrighted until you can actually hold the piece up and show it.

Many times, people are confused about what laws protect their painted designs. Actually, there is no such law. You have to find ways to protect yourself, ie secret paint mixtures or techniques. If someone catches on to what you're doing and copies your technique, there is actually no law to protect you.

Ideas are not copyrightable. So if you have a great idea, don't share it until its in a fixed and tangible form.

To protect yourself, when the piece is finalized: pack into a small box, your original sketches, photos and the first attempts along with the first finalized piece. Mail it to yourself and don't open it. If you ever have to go to court, the only person you want to open the box, will be the judge. Once there has been a judgement for the copyright ownership, that judgement replaces your box. Until then, it's the U.S. postal service, serving as your witness.

Any time you feel someone has infringed on your copyrights, make sure you've filed your copyright at least 30 days before any court date.

1 comment:

San Francisco Photos said...

Yes copyrights are important ... let's respect everyones copyrights for sure.

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