Copyrights, Patents, & Trademarks for Selling at Craft Shows

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 (www.uspto.gov) 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 http://www.copyright.gov.

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published and unpublished.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." (www.copyright.gov)

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

A copyright gives the creator of the product exclusive rights to

produce, sell and distribute the item. When your work is

created, it is automatically copyrighted, however, for optimum

protection, it's best to apply for a copyright. When obtained,

you can add the copyright symbol (c) on all your materials.

Copyright your designs, so you have legal proof in case someone

copies your work. A copyright does not automatically keep

someone from stealing your designs--you'd have to find the

culprit and enforce your rights, which may not be a simple

matter and will require an attorney. Having the copyright,

however, may deter someone from copying you, so at least that's

a good place to start--and it only costs $30 per copyright!