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PROTECT YOUR WORK - And Your Bottom Line
New designs are a hot commodity, and artists and craftspeople are an easy target for overseas manufacturing companies looking to knock off a design, then mass produce it and sell it a fraction of the artist's selling price. In this era of instant information exchange, protecting your work will protect your bottom line.
You can protect your work by educating yourself on copyright, and taking the appropriate steps now to prepare yourself for the possibility of design infringement later. Let's begin by answering basic questions about copyrights.
What is a copyright?
A copyright is a legal right to exclusive publication, production, sale or distribution of a tangible creative expression. All works must be in a fixed medium of expression to obtain a copyright.
What is the Benefit of a Copyright?
Copyrights give the owner several exclusive rights: the right to reproduce a work by making copies; the right to make derivative works based on the original work; the right to sell that work; the right to perform the work; the right to display the work; and the right to allow others to do so.
How Long is a Work Copyright Protected in the U.S.?
In the United States a work that is created on or after January 1, 1978, is automatically protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of the artist plus an additional 70 years after the artist's death.
How Can I Apply for a Copyright?
The registration for a copyright process has two main parts: (1) making a deposit, and (2) filling out a copyright application. Registration is accomplished by sending the Library of Congress two different photographs of the work, a completed application and a nominal fee. Plan to register your work within three months of creation to preserve the right to collect statutory damages and attorney fees in case of infringement.
What Is the Difference Between a Patent and a Copyright?
The difference is that the protection afforded by a copyright and a patent differs. Copyrights permit the owner to prevent others from copying his works. Patents allow the patentee to keep others from making, using or selling the invention. For art and crafts, copyright protection is less costly to obtain than a patent. And since most crafts are more a form of creative expression than articles of manufacture (depending on the type of craft), copyright protection is the more suitable option.
Do I Need to Provide Notice of Copyright?
YES. In order to obtain statutory damages for infringement, you must provide notice that the work is protected. To provide proper notice, the work should carry a copyright notice. You can do this by embedding the symbol ©, the word 'copyright' or the abbreviation "Copr." in your work.
What Else Can I Do to Protect My Work from Being Knocked Off?
Use these additional helpful tips to protect your business and your work:
- Save all documents relating to your copyright.
- Keep records of everyone you sell your work to. Save business cards and contact information for anyone who enters your booth at a show and/or asks questions about your work.
- Always indelibly sign, date and number your work.
- Consider securing a registered trademark, which protects your work's name and your brand identity.
- Before you sign ANYTHING with a prospective buyer, make sure there is a clear understanding of the terms of sale and that you know where and under what conditions your work will be sold. Get it all in writing.
- Ask anyone who volume buys your work to sign an agreement stating they will not copy it, especially if you license your designs for others to manufacture. This can be as simple as a statement at the bottom of your order form.
- Find a lawyer you can turn to in case you have a problem.
- If you are ever knocked off you may have to prove the copycat's access to your work—be prepared with the when, who, what,
where, why.
For additional information, visit the following websites:
US Copyright Office
Artists Rights Society
Volunteer Lawyers For the Arts
AMERICAN MADE ALLIANCE:
The American Made Alliance (AMA) is a professional trade association advocacy group that represents American handmade artists in Washington, D.C., in an effort to preserve, promote and protect the value of American-made objects and their producers. Become a member of the American Made Alliance today! Membership is free, and includes the following benefits:
- Membership to the only professional trade association for American craft artists and retailers in the United States.
- Newsletters and e-mail updates on key issues in Washington, D.C.
- Resource information on contacting your legislators - letter writing tips/up-to-date staff information, and more.
- Access to the American Craft Forum
- A voice in the preservation of the American Craft movement.
Visit www.AmericanMadeAlliance.org and join today!
OPPORTUNITIES KNOCKING:
2007 Niche Awards—Deadline Extended!
The deadline to apply for the 2007 NICHE Awards has been extended to September 15, 2006. Apply today for the opportunity to put your work in front of a national audience. Sponsored by NICHE magazine, the NICHE Awards celebrate excellence and innovation in American and Canadian craft. Categories include Ceramics, Fiber, Glass, Metal, Wood, Jewelry, Lighting, Clocks, Clothing, Decorative Fiber, Garden Art, Goblets, Judaica, Mixed Media, Narrative, Recycled and Teapots. Applications for the 2007 NICHE Awards are available online at www.AmericanCraft.com
Professional Deadline: September 15, 2006
Student Deadline: September 29, 2006
CRAFT FORMS 2006 - Wayne, PA
12th Annual National Juried Exhibition of Contemporary Craft
December 1, 2006 - January 24, 2007
CRAFT FORMS is a national juried exhibition dedicated to enhancing the public's awareness of fine contemporary American craft while providing a venue for established and emerging artists alike to share their creative endeavors. The CRAFT FORMS 2006 juried exhibition is open to all professional artists working in all media. $3,000 + in cash will be awarded, and winners will be featured in group or solo exhibitions. The entry fee is $25. For more information download a prospectus at http://www.wayneart.org/exhibits/craftforms06.php.
Deadline: September 26, 2006
HOUSTON CENTER FOR CONTEMPORARY CRAFT - Houston, TX
Studio Residency Program
The Houston Center for Contemporary Craft is seeking applicants for its Studio Residency Program. The Center is a non-profit arts organization dedicated to presenting the dynamic world of contemporary craft to the Houston community. The Studio Residency Program supports emerging, mid-career and established artists working in craft media, including but not limited to wood, glass, metal, fiber and clay. Artists selected for the program will receive a 200 sq. ft., rent-free studio and a monthly stipend of $400. The studios are naturally lit and are equipped with sinks, telephones and Internet DSL access. The residency length is variable - three to twelve months. Applications are accepted year round with reviews twice each year. To download an application visit www.crafthouston.org.
Review Deadlines: September 1 and March 1
PR LEADS:
It's not too late to get your work in gift guides and other seasonal features! Spend 30 minutes listing the upcoming holidays and seasonal activities in your community, and then match the events to your work. Then spend another 30 minutes writing a press release tying your work to one the holidays/seasons. Review the February 2006 issue of Market Insider for tips on writing a press release and securing free publicity. Here's one PR opportunity to get you started:
PRODUCTS : Favorite Things - On Magazine (US/TX)
Dallas-based On Magazine, a lifestyle bimonthly, is seeking products for its new column, Our Favorite Things. Categories of interest include: decorative/household items, time-saving devices, tech gadgets, kids' stuff, garden products, beauty and healthcare products, music, books, food and beverages, gift ideas and non-profit organizations. All products should be available in the Dallas area and/or online. In particular, we welcome Dallas- and Texas-based companies to submit your products and ideas to us. Our readers are well-educated, upscale homeowners of suburban Dallas with household incomes of half a million dollars or higher. [Note: Editor may request samples.]
Deadline: September 15, 2006
If you are interested in pursuing this lead, please email responses to danielw@rosengrp.com with "PR Opportunity" in the subject line. Responses will be collated by The Rosen Group and forwarded to the journalist(s) for consideration. To be considered all responses must include:
- artist name
- company name
- contact phone number
- e-mail address
- web site (where available)
- the title of the work or product line
- a brief description (one sentence or less)
UPCOMING CONFERENCES/SHOWS:
CLASP CONFERENCE - Nashville, TN
September 15 - 17, 2006
Are you a jeweler looking for a fresh critique of your work that is specific to the wholesale marketplace? Are you ready to put your designs out there for the world to see? Register for the Clasp Conference in Nashville, Tennessee and take advantage of a one-on-one portfolio review and mentor session with Wendy Rosen, founder and president of The Rosen Group and the Buyers Market of American Craft. Wendy will offer you a candid, meaningful and inspirational critique of your design portfolio, and will also discuss pricing for the wholesale market and developing wholesale accounts, targeting niche markets for your work, copyright and trademark protection and developing dynamic marketing materials. Sign up for an energizing 15-minute session with Wendy today—sessions will fill up fast!
MJSA Trade Show for Jewelry Making - Providence, RI
September 27 - 28, 2006
The MJSA Trade Show for Jewelry Making (TSJM) is a new regional trade show showcasing a full range of products that jewelers need to make their jewelry and successfully operate their businesses. Shake hands with some of the industry's biggest names, including Stuller, Gesswein, and Gemvision, as well as learn tips, tricks, and techniques from renowned jewelers at one of the free MJSA Jewelry Academy seminars being held on the show floor. Seminar presenters include: Cindy Edelstein of the Jeweler's Resource Bureau with "Tips From the Trenches: Secrets of Building a Successful Designer Jewelry Business"; Karen Christians of Metalwerx with "Making the Most of Your Flex-shaft"; Chris Ploof of Heavens to Earth Jewelry with "Lathe Dimensioning and Finishing"; and LeeAnn Herreid of Individual Icons with "How to Build Your Studio or Shop." Visit www.mjsa.org for more information.
Quote of the Month:
Be more splendid, more extraordinary. Use every moment to fill yourself up.
-Oprah Winfrey (American, b. 1954)
Market Insider
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