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Copyrights, Patents and Trademarks for Selling at Craft Shows
by Natalie Goyette
Copyrights, are common concerns for craftspeople. If you've invented a unique
product, you will more than likely want to protect it from others who can create
knock-offs of your craft show gem at cheaper prices. Although it may be flattering
to have created a craft item others want to duplicate, it can also be a nightmare
to see your distinctive creation on the Home Shopping Network!
The United States Patent and Trademark Organization
Web site is a good place to learn the differences between trademarks and patents
and to learn what is best for your situation. For more information and to apply
for a copyright go to
Copyright Office of the Library of Congress.
Although attorneys may be costly, some offer free 30-minute consultations, so
you may be able to find one who can tell you what's the best protection for your
craft show product. If you find the costs are prohibitive for you to secure a
trademark, patent or whatever you find you need, you'll just have to take your
chances without one. Again, check with other crafters through shows and forums,
as well as your craft organizations to find out what they've done to protect
their crafts. Those who have come before you can ease your way so you don't have
to reinvent the wheel.
Your Copyright
A copyright is a form of protection provided to the authors of 'original works
of authorship' including literary, dramatic, musical, artistic, and certain
other intellectual works, both published and unpublished. The 1976 Copyright Act
generally gives the owner of copyright the exclusive right to reproduce the
copyrighted work, to prepare derivative works, to distribute copies or
phonorecords of the copyrighted work, to perform the copyrighted work publicly,
or to display the copyrighted work publicly. This includes your craft show products.
The copyright protects the form of expression rather than the subject matter of
the writing. For example, a description of a machine could be copyrighted, but
this would only prevent others from copying the description; it would not prevent
others from writing a description of their own or from making and using the machine.
Copyrights are registered by the
Copyright Office of the Library of Congress.
Most people think of copyrights for books or music and not creative arts like
paintings or crafts, but a copyright can protect all forms of creative expression
and visual arts. Visual arts are defined as original pictorial, graphic and
sculptural works, which include two-dimensional and three-dimensional works of
fine, graphic and applied art. Some examples are:
Artificial flowers and plants Artwork applied to clothing or to other useful
articles Collages Dolls, toys Drawings, paintings, murals Enamel works Greeting
cards, postcards, stationery Jewelry designs Mosaics Needlework and craft kits
Original prints, such as engravings, etchings, serigraphs, silk screen prints,
woodblock prints Patterns for sewing, knitting, crochet, needlework
Reproductions, such as lithographs, collotypes Sculpture, such as carvings,
ceramics, figurines, molds, relief sculptures Stained glass designs Stencils,
cut-outs Weaving designs, lace designs, tapestries.
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