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<a class="moz-txt-link-abbreviated" href="mailto:pinocchiocarver@aol.com">pinocchiocarver@aol.com</a> wrote:
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<pre wrap="">Friends in Carving: Please support our List - visit carverscompanion.com/List/Support.html to donate.
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<wbr>Hello All, <br>
I lost the letters about copyright from Ivan Whillock and Joe
Dillet. My family are asking lots of questions about copyright and
carving. So I could print them to read them self to understand about co
Feel free to browse my carving. <a moz-do-not-send="true"
href="http://www.picturetrail.com/gladwingeppetto">http://www.picturetrail.com/gladwingeppetto</a> .
I have a new dog, one year old Boxer named Duke. I am little worr
Happy Carving. Have a great week.<br>
<br>
<br>
Mike G.<br>
<br>
<a moz-do-not-send="true" href="mailto:PinocchioCarver@aol.com">PinocchioCarver@aol.com</a>
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</blockquote>
This is my general understanding about copyrights.
<br>
<br>
The originator owns all rights to the material. He/she can choose to
give away or sell some, none, or all of those rights. By buying the
book or magazine, you purchase certain rights as expressed in the
copyright notice. The best way to find out what you have purchased is
to look at the copyright notice. Most often the authors want to
protect reproduction of the pattern, because that is what they are
selling. Often they grant the carver the right to make and sell
carvings based on the patterns, but not to reproduce or sell the
patterns. There are a few who present the pattern "for instructional
purposes only" and restrict even the selling of carvings made from the
patterns. They have that right. Remember, by buying the book you are
not automatically buying all rights, or even necessarily the commercial
rights to the material. Some authors offer the patterns with the
assumption that they will be used strictly by amateurs and not by
people who are in carving for commercial purposes.
<br>
<br>
Enforcement is up to the holder of the copyright. People with clout,
Disney, for example, have much more success in protecting their
products from unauthorized reproduction than others. The average
carver has no such power. A lot of unauthorized copying takes place
because there is a misunderstanding of the rights or an inability--or
reluctance--of the holder of the copyright to enforce them.
<br>
<br>
Since most of the authors are ordinary folks like you and me, some
don't care whether you sell carvings from their patterns or not. Some
care but are "too nice" to do anything about it.
<br>
<br>
Chances are, however, the author is reachable. I'd bet most would
appreciate being asked for permission if there is a doubt.
<br>
<br>
<br>
Ivan Whillock Studio
<br>
122 NE 1st Avenue
<br>
Faribault, MN 55021
<br>
***********************************************************<br>
Hi Cynda,
<br>
<br>
"Ok, new question: How does one get a copywrite? on carvings, drawings,
<br>
patterns, etc???"
<br>
<br>
There are two things of copyright you are probably confusing.
<br>
<br>
You <b class="moz-txt-star"><span class="moz-txt-tag">*</span>Have<span
class="moz-txt-tag">*</span></b> a copyright the moment you create
whatever it is. Boom! Done deal!
<br>
<br>
What you are more likely asking is how to register a copyright.
<br>
<br>
That is done through the Library of Congress, LOC.gov.
<br>
<br>
For my books, I am required to send two copies plus the $60 fee (for
each title) and then maybe 6 or 12 weeks later, I get a very official
form, much like a propety deed, stating my registered ownership fo the
copyright to teh work.
<br>
<br>
The process itself is easy and clear, the forms are there on the LOC
page, just print and fill out and submit.
<br>
<br>
<span class="moz-smiley-s1"><span> :) </span></span>
<br>
<br>
Jud
<br>
***********************************************************<br>
Hi Cynda,
<br>
<br>
"That I knew, the registered one, but what about the copywrights I see
on web sites, pictures, etc. There is only one of each carving, etc.
I see the copywrite sign, c within a circle, on these things. Does that
had any weight? Does marking each article, piece of art, etc have any
legal substance?"
<br>
<br>
Yes and no. As I said, it is copyright the moment you create it.
Anything beyond that is a matter of what you have to prove that
copyright if the need ever arose. Registering it with the LOC is one
way, and for printed material, the standard. For works of art, the
statement is soemitmes added to reproductions of it or displays of it,
such as an image on a web page, mainly to make clear that takign a
photo of it is prohibited. For instance, on one of my woodcarving
albums, though clear that I own the copyrights to anything I have
created and the images of them that I created, I have not noted
anything and don't care if anyone wants to download copies of those
images, with one exception: the piece I commissioned by Tange, to which
I also own the copyright, I do state in the caption my claim and
specifically prohibit copying or reprocution of that image without
prior written permission of the copyright owner, ie, me.
<br>
<br>
So the legal fact of copyright exists upon creation. Marking the piece
is a statement that you are prepared to enforce your rights under that
legal protection.
<br>
<br>
<span class="moz-smiley-s1"><span> :) </span></span>
<br>
<br>
Jud
<br>
***********************************************************<br>
Hi Cynda,
<br>
<br>
Any copyright has weight but you need to go through the expense of
enforcing
<br>
it by filing a civil action. The court decides, based on the evidence,
if
<br>
your copyright has been violated. To get anything from civil actions
you
<br>
need to prove lose of income directly or through reputation.
<br>
<br>
There have been cases where I sold my copyright for more than the
original
<br>
artwork like a pattern for the Last Supper. The copyright was sold to a
<br>
different individual than the original work. On some commissions, where
<br>
copyable work is involved, I quote two prices, one for the original
work and
<br>
one price for the copyright. Most of my work the copyright stays with
me
<br>
after I sell the work. Copyright can be another source of income.
<br>
<br>
Another reason for copyrights is to maintain the rights to produce it.
I had
<br>
a product line that I added new designs every year. One company was
copying
<br>
them as painting and not carvings. I decided not to enforce my
copyright
<br>
because, even though they were copying my ideas, their product was
different
<br>
enough to not negatively effect my income. Over the years that company
<br>
forgot where they got the patterns and filed for there own copyright.
Than
<br>
they tried to enforce they're copyright and told me to stop producing
them.
<br>
Fortunately I was able to show them that my copyright per-dated theirs.
If I
<br>
had not copyrighted them it would have been more difficult for me to
prove
<br>
that I had the original design and I could have lost that whole product
<br>
line.
<br>
<br>
The link for the copyright forms is <a class="moz-txt-link-freetext"
href="http://www.loc.gov/copyright/forms/">http://www.loc.gov/copyright/forms/</a>
<br>
<br>
True story about a woodcarver friend of mine in Milwaukee. A beer
company
<br>
commissioned him to design a belt buckle depicting the end of a barrel
with
<br>
their logo. Through negotiation it was decided that the woodcarver
would
<br>
maintain rights to the copyright and only supply the beer company with
200
<br>
cast belt buckles. A year or so later a foundry took a buckle and
copied it
<br>
and started selling them. The woodcarver went to his attorney to
enforce his
<br>
copyright. The attorney said it wasn't worth the effort. However about
two
<br>
years after that the attorney called the woodcarver and said now it was
<br>
worth it because they could prove the foundry had produced thousands
and the
<br>
original pattern degraded so they could prove lose of reputation by the
poor
<br>
quality. His settlement was substantial enough to build him a new
building
<br>
and make his life comfortable.
<br>
<br>
Find a good attorney to help you understand copyright law. There have
been
<br>
significant changes to copyright law in the last few years. Check with
your
<br>
local art league or university for attorneys who donate their time to
<br>
helping the arts. These are the attorneys that can help you because
they
<br>
deal with it more often and are more willing to donate all or a portion
of
<br>
their time.
<br>
<br>
<br>
Joe Dillett
<br>
The Carving Shop
<br>
645 E. LaSalle St. Suite 3
<br>
Somonauk, IL. 60552
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