Copyright Issues for Artists, Artisans and CraftersWe are all influenced by things we see and hear and read. Sometimes we may not even remember what we saw that influenced us.
It is the rare artist, artisan or crafter who hasn't seen something that reminds them of their own work.
I have created something and then have seen a very similar thing in a gallery in another State and there is no way we could have been influenced by each other. It happens.
I have created something that I thought was very innovative and then, while surfing online, found something very similar that I know I hadn't seen before. It happens.
Some say there is a collective consciousness that we all share. Some say it is pure coincidence. Either way, copyright is a very tricky issue for artists, artisans and crafters.
Here are a few links to help you begin to understand this complex issue. We don't want to say that any of these links are the final say in any of this, but offer them as a way to begin to understand just how complex this all is.
Here are links to current law:
http://www.uspto.gov/http://www.loc.gov/copyright/http://lcweb.loc.gov/copyright/legislation/dmca.pdfHere are other links of interest:
http://www.rightsforartists.com/copyright.htmlhttp://whatiscopyright.org/http://www.templetons.com/brad/copymyths.htmlhttp://www.chillingeffects.org/index.cgihttp://www.funnystrange.com/copyright/index.htmlhttp://www.copyrightauthority.com/poor-mans-copyright/In a nutshell, when something unique, such as a song, is written it is automatically copyrighted. However, the main issue usually becomes enforcement.
Issues around direct copies are fairly straightforward. Please don't. Even if you don't think you will ever cross paths or be competition for the person you copy it still is wrong. A friend of ours had someone buy one of their products, figure out how to make it and then started selling a direct copy. Not cool no matter how you try to justify it.
Issues around collage are complex and there is little settled law.
Some issues are really about trademark and not copyright.
Some things can't be copyrighted at all.
So, in short, if you see something similar to your work, you may not have been copied. It is possible for two or more people to come up with the same or similar designs.
If you know for a fact that you have been copied you can use some of the links above to help you decide how to proceed.