[Woodcarver] copy rights question

Joe Dillett jdillett at thecarvingshop.com
Sat Feb 7 09:20:49 EST 2004


Hi Maura,

Copyrights can also be sold, passed down to heirs, renewed by heirs
indefinately and, in the case of many publications, owned by the publisher
rather than the author.

Many times artists don't realize the value of copyrights. Selling the art
does not assume that the owner of the art also ownes the copyright. In
almost all cases the artist maintains the copyright. There have been times
when I sold the copyright for more than I sold the original work, and
sometimes even to different people. Copyright is an income source that many
artists overlook.

Here is the link, in PDF format, to get your forms and instructions.
http://www.loc.gov/copyright/forms/  .
 Short Form VA - Simplified version of Form VA  (is the Visual Arts form I
use). Photos are not required but I include a photo. They may throw away the
photo or file it with the form.

There was also one case where my work was being copied in a slightly
different form which they copyrighted. They tried to stop me from making my
own product. I was able to prove to them that my copyright predated theirs
and they were in fact violating of my copyright. This is one case that they
might have stopped me from making my own product if I could not prove that
my copyright was before theirs.

Joe Dillett
The Carving Shop
645 E. LaSalle St. Suite 3
Somonauk, IL. 60552
(815) 498-9290 phone
(815) 498-9249 fax
http://www.thecarvingshop.com
jdillett at thecarvingshop.com
http://www.carvingmagazine.com Carving Magazine web site and Readers Forum
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----- Original Message -----
From: <Linehan718 at aol.com>
To: <woodcarver at six.pairlist.net>
Sent: Friday, February 06, 2004 10:16 PM
Subject: Re: [Woodcarver] copy rights question


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> I don't know what would happened to it after you die.  I think your heirs
> would also have to abide by copyright laws and not display it or profit
from it.
> This conversation also brings up the question of forgeries.  What if I
were
> to paint myself a copy of Andy Wharhols Campbell soup can(not trying to
forge
> it, just a very well made copy) and hang it in my bedroom.  Over the years
the
> real Campbell soup painting is stolen and never recovered.  I die some
years
> later and My Campbell soup can is discovered hanging in my bedroom.  My
heirs,
> perhaps believing me to be of dubious character, assume that this is the
real
> thing.  They express that opinion to a few of their closest friends. In
the
> years that pass, andy wharhols copyright(if there is one), expires. And
because
> the painting has been missing for so many years, the copyright is never
> renewed. Then my heirs die and the painting passes to one of their friends
who has
> no reason to believe that its not the real original.  They announce to the
> world that they have found the missing original.  It is displayed as such
for
> profit until it is forensically tested and determined to be a fake.  Does
that
> make me a forger?  And would the people who displayed it for profit be
arrested?
> and why? for forgery or for copyright infringement if we assume Campbells
> keeps all their copyrights active?  Just  something to ponder.
>
> Maura carvin' in nyc
> http://www.picturetrail.com/whiteknight718
>


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