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Copyrights, Patents & Trademarks for Selling at Craft Shows
from: Natalie Goyette
Copyrights, are common concerns for craftspeople. If you've
invented a unique product, you will more than likely want to
protect it from others who can create knock-offs of your craft
show gem at cheaper prices. Although it may be flattering to
have created a craft item others want to duplicate, it can also
be a nightmare to see your distinctive creation on the Home
Shopping Network! The United States Patent and Trademark
Organization Web site (www.uspto.gov) is a good place to learn
the differences between trademarks and patents and to learn what
is best for your situation. For more information and to apply
for a copyright go to www.copyright.gov.
Although attorneys may be costly, some offer free 30-minute
consultations, so you may be able to find one who can tell you
what's the best protection for your craft show product. If you
find the costs are prohibitive for you to secure a trademark,
patent or whatever you find you need, you'll just have to take
your chances without one. Again, check with other crafters
through shows and forums, as well as your craft organizations to
find out what they've done to protect their crafts. Those who
have come before you can ease your way so you don't have to
reinvent the wheel.
Your Copyright
"A copyright is a form of protection provided to the authors of
'original works of authorship' including literary, dramatic,
musical, artistic, and certain other intellectual works, both
published and unpublished. The 1976 Copyright Act generally
gives the owner of copyright the exclusive right to reproduce
the copyrighted work, to prepare derivative works, to distribute
copies or phonorecords of the copyrighted work, to perform the
copyrighted work publicly, or to display the copyrighted work
publicly. This includes your craft show products.
The copyright protects the form of expression rather than the
subject matter of the writing. For example, a description of a
machine could be copyrighted, but this would only prevent others
from copying the description; it would not prevent others from
writing a description of their own or from making and using the
machine. Copyrights are registered by the Copyright Office of
the Library of Congress." (www.copyright.gov)
Most people think of copyrights for books or music and not
creative arts like paintings or crafts, but a copyright can
protect all forms of creative expression and visual arts. Visual
arts are defined as original pictorial, graphic and sculptural
works, which include two-dimensional and three-dimensional works
of fine, graphic and applied art. Some examples are:
Artificial flowers and plants Artwork applied to clothing or to
other useful articles Collages Dolls, toys Drawings, paintings,
murals Enamel works Greeting cards, postcards, stationery
Jewelry designs Mosaics Needlework and craft kits Original
prints, such as engravings, etchings, serigraphs, silk screen
prints, woodblock prints Patterns for sewing, knitting, crochet,
needlework Reproductions, such as lithographs, collotypes
Sculpture, such as carvings, ceramics, figurines, molds, relief
sculptures Stained glass designs Stencils, cut-outs Weaving
designs, lace designs, tapestries
A copyright gives the creator of the product exclusive rights to
produce, sell and distribute the item. When your work is
created, it is automatically copyrighted, however, for optimum
protection, it's best to apply for a copyright. When obtained,
you can add the copyright symbol (c) on all your materials.
Copyright your designs, so you have legal proof in case someone
copies your work. A copyright does not automatically keep
someone from stealing your designs—you'd have to find the
culprit and enforce your rights, which may not be a simple
matter and will require an attorney. Having the copyright,
however, may deter someone from copying you, so at least that's
a good place to start—and it only costs $30 per copyright!
About the author:
Natalie Goyette shows you how to make your craft show
business profitable in her best selling ebook:
Craft Show Success Secrets. Visit her site:
http://www.craftshowsuccess.com
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