[Woodcarver] copyright rules etc.

[Byron]

All laws are subject to interpretation by the courts.  That's the way our constitution is written.   So no matter how any individual interprets the statutes the courts have the final say.  We pay lawyers to search court records to attempt to determine how an individual case is likely to be interpreted.   In every case some lawyers are right and some are wrong.  

Now what do you do about it?  How do you deal with possible copyright infringement, that's up to each individual to decide.   As for me, I do my own design with computer copies of the my sketches so I have some proof that I created the design.  I also avoid something looking like well known icons.   From that point on I take my chances.   I think that's what most of us do.  

I wouldn't take a pattern from any publication or rough out, carve it and attempt to sell that carving for several reasons.  The biggest one is that somebody else is already doing that.  

As far as your works go, you didn't invent the characteristics that make your carvings a Santa.  Therefore those characteristics were copied from someplace, originally from somebody that had either a registered copyright or an implied copyright.   That's why I say from looking at carvings at shows, in publications, and the internet almost all are copied from someplace.   



Byron Kinnaman
abkinnaman at earthlink.net
http://byronscabin.kinnamans.net/



----- Original Message ----- 
From: Marcia Berkall 
To: \[Woodcarver\]
Sent: 6/19/2008 6:02:33 PM 
Subject: Re: [Woodcarver] copyright rules etc.


The Gov't web page on copyright at http://www.copyright.gov/  has some pretty clear definitions of "derivatives" and other aspects of copyright.  I just didn't paste it all here. Most states also have an organization called "Volunteer Lawyers for the Arts" where you can also get some good information at little or no cost.  In recent years, copyright law has made some huge strides intended to protect the artist more than ever.  IMHO, by avoiding copying, or at least by asking for permission from the original artist, there will be no need to worry about the law. Unfortunately there will always be people who feel for one reason or another that it is alright to copy someone else's work.  

Byron, I'm not quite sure how you meant that reference to my work. :)

Marcia (aka Mush)


Byron said:
There's a lot more to law than reading the statutes.   Copywrite laws, at least from my observation, require a lot of knowledge of court actions to fully understand the law, and how it's interpreted and implemented.   Note that in Mush's quote there's no mention of the definination of  "new version" or how it relates to media or how dissimilar do a work have to be.  Those are the things that the courts decide and without knowledge of what the courts have done it's really hard to make an interpretation.    


>From my observations of carving publications I contend that there's very little in the carving world that's not copied from something else, including Mush's works.   Not trying to offend, just pointing out that it's very difficult to determine what is a copywrite violation and what isn't.


Byron
See Marcia's wood carvings at:                                                                                            
http://whittlinsnwood.com
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