A Word About Copyright
There seems to be a lot of confusion about the who, what, where, and when's of copyright. The fact is, it's pretty straightforward.I've been a professional photographer for well over a decade and have had to defend my copyright on more than one occasion. I have studied it extensively. I've fought to uphold my copyright legally as well, and won. So, I want to pass on a little information here for everyone to hopefully clear up any confusion.
What is Copyright?
Copyright.gov says it best, I believe. "Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works." Pretty straightforward, stuff.
What does that mean for crafters?
Well, anything that you create that is your own, such as a pattern or a photo of your product, is protected under US copyright laws. Therefore, if you designed a pattern completely on your own, whether you publish it online or not) it is protected. But it has to be a tangible, real item (non-published, handwritten patterns are included here.) If the pattern is floating around in your head, then it's not protected. Luckily, however, as long as it stays in your head then it should remain safe. It's when you discuss it with other people that you may run into problems. People can be jerks and they can and do steal ideas. Ideas are not protected, folks, so get it written out.
As for photos, ALL photos you take are protected. Also, ALL photos other people take are protected. This means no one can use your photos without permission from you. Furthermore, you cannot use anyone's photos without their permission either. They are ALL protected under copyright laws. You DO NOT have to put a copyright symbol or even a watermark on them in order for them to be protected. Although, it's always a wise idea to watermark everything you put out in the world. Watermarks help prevent theft, although it's not 100%. Nothing is.
Do you have to register your patterns, photos, etc., in order for them to be protected?
NO, you DO NOT need to register your stuff with the copyright office in order to be protected. It is a good idea to do so, however. If it comes down to it and you have to get into the mess of legally fighting for your copyright, having it registered is a requirement prior to filing a lawsuit.
Registration also means you may receive statutory damages and attorney's fees if you win your case.
When does copyright on something begin?
Copyright begins the MOMENT OF CREATION. Meaning the second you press the shutter on your camera, your photo is protected under copyright laws. Additionally, the moment you finish writing up a pattern it is protected. Again, you do not need to to place any markers on your product in order for it to be covered. It automatically is protected as soon as you create it.
When does copyright expire?
This is a lot of information, people, but it's important stuff.
For unregistered works:
The copyright of an unpublished work expires 70 years after the death of the creator.
If the creator is unknown or anonymous then the copyright expires 120 years from the date of creation.
If the work is unpublished and the date of death of the creator is unknown then then copyright expires 120 years from the date of creation.
For registered works:
If the date of publication is before 1923 the copyright has expired and the work is in the public domain. It is free to use.
If the work was published between 1923 and 1977 and published without a copyright notice then the work is also in the public domain due to a failure to comply with the required formalities. These works are also free to use.
If the work was published between 1978 and March 1989 and published without notices and without being registered within 5 years, these works are also in the publich domain due to failure to comply with the required formalities.
If the work was published between 1978 and March 1989 and published without notice, but was registered within 5 years, the expiration of the copyright expires 70 years after the death of the author. (If the work is of corporate authorship the expiration is 95 years from the publication date or 120 years from the date of creation, whichever expires first.)
If the work was published between 1923 and 1963 and published with notice, but the copyright was not renewed, these works are in the public domain and free to use.
If the work was published with notice between 1964 and 1977 the copyright expires 95 years from the publication date.
If the work was published with notice (and created after 1977) between 1978 and March 1989 the copyright expires 70 years after the death of the author. (If the work is of corporate authorship the expiration is 95 years from the publication date or 120 years from the date of creation, whichever expires first.)
If the work was created prior to 1978 but first published between 1978 and March 1989 the copyright expires 70 years after the death of the author or December 31, 2047, whichever is greater. If the work is of corporate authorship the expiration is 95 years from the publication date or 120 years from the date of creation, or December 31, 2047, whichever expires first.
If the work was published after 1977 and published between March 1989 and 2002 the copyright expires 70 years after the death of the author. (If the work is of corporate authorship the expiration is 95 years from the publication date or 120 years from the date of creation, whichever expires first.)
If the work was published before 1978 and published between March 1989 and 2002 the copyright expires 70 years after the death of the author or December 31, 2047, whichever is greater. If the work is of corporate authorship the expiration is 95 years from the publication date or 120 years from the date of creation, or December 31, 2047, whichever expires first.
If the work was published after 2002 the copyright expires 70 years after the death of the author. (If the work is of corporate authorship the expiration is 95 years from the publication date or 120 years from the date of creation, whichever expires first.)
If the work was published at anytime by an employee or officer of the United States Government as part of their official duties, the work is in the public domain in the US.
What is the fine if I infringe on someone's copyright?
Up to $150,000 per offense. That's a lot of money for stealing a photo (or pattern.) It would be cheaper to purchase professional equipment yourself and get a college degree in photography.
What is a "Poor Man's Copyright?"
Poor man's copyright is when you send a copy of your work to yourself as a means of protection. Basically, it's worthless and definitely no substitution for registration.
I live in the US, is my copyright good in other countries?
Not necessarily. The US works closely with other countries, and will uphold the copyright of individuals living in other countries. However, not all countries honor US copyrights. To find out which countries do honor US copyright law please go to www.copyright.gov.
In conclusion, copyright is a serious matter. Just because you see a photo you like online it doesn't make it okay to share it or use it however you choose. It's illegal to do so without permission from the owner. The same goes with patterns. You can't take someone's pattern, change a couple parts and call it your own.
Therefore the next time you see a photo of a item you also make and want to save yourself the time and hassle of taking photos yourself, don't do it! You can wind up in a heap of trouble and possibly lose everything you own by stealing that photo or pattern. Save yourself the headache and create your own stuff. If you don't know how, learn how!
Integrity. It's a good thing.
**To learn more about copyright, please visit www.copyright.gov**
Thank you for the time and effort you put into this blog post! It clarifies a great deal 😊
ReplyDelete