[Woodcarver] Question re Original Design

[Joe Dillett]

Hi Kathleen,

Your work is wonderful. It is easy to see why others want to copy your 
design. I assume that the person that wants to copy your design has respect 
for artists' work, being an artist themselves, and respect for copyrights, 
or they would not have asked your permission.

As Ivan said, a copyright can be written any way you like, giving total or 
partial rights to your original work.

Your work does have international appeal so if it will be copied and sold in 
Guatemala they may or may not honor our copyrights.

Copyright law has gone through a big change in the last 10 years. Now 
copyright is assumed and may be enforced even if it is not filed with the 
Library of Congress. However I recommend when the copyright is valuable that 
it still be filed with the Library of Congress. You can get the forms on 
line and read the law at http://www.copyright.gov/ .

I still file copyrights when I'm making up a copyright agreement to my 
customer. That way it is clear exactly what I am signing over and that it 
doesn't overlap into any of my other works. Typically a copyright will sell 
for more then the original work. I did a set of sun-burst faces for an 
advertising company. It was my original design carved in cheap MDF board. 
The original patterns sold for $700 to $1,500, depending on size, and each 
copyright sold for  $2,000.

It is difficult and costly to enforce a copyright. However as a matter of 
respect for your work you should copyright your work if the copyright could 
be valuable.

A friend of mine did carving for a brewery in Milwaukee, ends of wooden beer 
barrels for display. They wanted a few belt buckles made with a beer barrel 
image. They chose not to buy the copyright. He made the pattern and got the 
buckles cast. Another foundry got hold of one of these buckles and began to 
mass produce them. He went to his lawyer to enforce his copyright. His 
lawyer wrote the foundry telling them to stop production and hand over all 
the images and tooling. That foundry ignored the letter. My friend thought 
that the issue was closed because it was so costly to fight for enforcement 
of his copyright. Several years later his lawyer called and said that it was 
now time to go after that foundry because they could prove about how many 
were made and also because the quality was now so bad it was hurting the 
artist reputation. After a long fight he got a nice chunk of cash, enough to 
build a large studio. This is a rare case but it does happen.

My lawyer told me to use common sense as to when to consult him on a 
contract dealing with work orders or copyrights. He said to examine the 
exposure. Most times the exposer is well within the limit of what I can 
afford to loose. If that is the case it may not be necessary to get my 
lawyer involved and just write the agreement myself. His rule was to keep 
the agreement clear, short and easy to understand. Each state has different 
contract laws. Google the internet for contract law in your state as well as 
the state of residence of the other party. The other side of my lawyer's 
common sense advice to me  was that we could have a perfect, enforceable 
contract but if the other party doesn't have any assets we still collect 
nothing.

In your case I would file a Visual Arts Copyright with the Library of 
Congress. Then write a simple agreement for which ever way you want for your 
copyright.

I hope this helps. Good luck.

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.net [business web site]
http://www.carvingmagazine.com ['Ask Joe' column]
http://community.webshots.com/user/joe_dillett
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> Hello, Everyone.

>

> I have a question to throw out there for you--advice

> would be much appreciated.

>

> Someone wants to buy the pattern for one of the

> original designs done by my sister Sharon and me for a

> clock we did in pyrography and watercolor.  The

> picture is of an exotic bird (the Quetzal) surrounded

> by Mayan glyphs for numerals.

>

> It can be seen at this URL:

>

> http://www.geocities.com/Paris/Rue/4029/garvey.html

>

> The person requesting to use it wants to have one or

> two stained glass works made--one for a gift and

> another to keep.

>

> Is there some protocol for selling a design for a

> single (or double) use without losing control of the

> design?  How would one charge for such a thing?

>

> Any ideas welcome.

>

> Thanks!

>

> Kathleen Menendez

> cofounder  Int'l Ass'n of Pyrographic Artists

> curator, E-Museum of Pyrographic Art:

> http://www.geocities.com/Paris/Rue/4029/

> feature writer of Pyrograffiti for the WOM:

> http://carverscompanion.com/