Copyright Law, Ethics and Your Beadwork

re: Copyright Law, Ethics and Your Beadwork

donna@483 — Thu, 26 Jan 2012 00:03:14 GMT

Nicola,

If the design is very common, it is not copyrightable, as one requirement for a copyright on a design (such as jewelry) is that it be substantially original. Much modern jewelry is based on designs that are hundreds of years old, so it would be impossible for someone to copyright these designs.

This is partly why a design created from a pattern is not really a derivative work, as there would have to be an independent and valid copyright on the jewelry design itself, in addition to the pattern.

While I don't believe that this article was intentionally misleading, it is unnecessarily spreading a lot of fear among beaders, who are told that they are doing something illegal, when they are not.

re: Copyright Law, Ethics and Your Beadwork

donna@483 — Wed, 25 Jan 2012 23:58:55 GMT

Based on talking to a lawyer friend and my personal research on copyright law, it is my understanding that a copyright on a pattern does NOT apply to works created with the pattern. Furthermore, just like recipes, it is the expression of the pattern (images, text used) that are copyrightable, as opposed to the instructions themselves. The only kind of legal protection that one can receive for instructions would be to get a patent, which would apply to a manufacturing process for instance, but not a pattern.

Furthermore, it is quite strange to state that one cannot sell designs learned from a class. Just because it was the original work of the teacher, this does not mean that the teacher controls how the information is later used. A pattern or design is NOT a patent, and therefore the creator does not have exclusive rights to the production of the design. Certainly, a designer could request that a design not be used commercially, but this is not legally enforceable.

So, while it would be a violation of copyright to sell or give away unauthorized *copies* of a pattern, it is perfectly legal to use the pattern to create a design.

There is some good information on pattern copyrights at www.tabberone.com/.../Patterns.shtml. If I am mistaken about any of my points, I would appreciate links to statutes or court rulings to support your position.

re: Copyright Law, Ethics and Your Beadwork

Nicola T — Fri, 13 Jan 2012 06:37:39 GMT

Im a Newbie so Im talking about trying simple designs. Like wendygirl before me I had many ideas in my head also, thinking I was free to try this, do that, but then discovered copyright & if I looked around others were already doing the same designs or very similar. So how do u know if ur new ideas have already being copyrighted & where or how would u go to find out? I would be totally ignorant, & being new my wonderful ideas (to me) would be old to others, already done, lol.

For a simple example I naively had an idea for cascading drop pearl earrings, but then I saw them everywhere all similar? Are those copyrighted, because alot basically look the same. They sell them everywhere, in shops, online etc. Im not even sure whats copyrighted and whats not, lol.

Any help would be appreciated.

re: Copyright Law, Ethics and Your Beadwork

Jennifer VanBenschoten — Mon, 12 Dec 2011 22:38:26 GMT

It can seem frustrating or intimidating when you see all the designs out there, and there have been instances where two (or more) beaders have come up with the same design at nearly the same time. I think the goal here should be to show respect to the original artist. Don't waste your energy worrying about what someone else is doing - focus on your own projects and your own designs.

If you want to sell a piece of beadwork that was designed by someone else, you should always check with the artist and get their permission, and it's always nice to tag the piece with "Designed by...".

Does anyone else have any advice?

re: Copyright Law, Ethics and Your Beadwork

werdygirl87 — Sat, 10 Dec 2011 10:50:59 GMT

I am utterly frustrated I love beading and making things for my family and friends and I know many stitches and try and bead everyday. My problem is how can I design something new and pretty to me without infringing their rights? For instance I work full time and day dream about beading I have a sketchpad filled with designs but some of them have already been done. I get inspired by a movie or a certain bead or time period from history. My point is how do you sell something that you dreamed up if it's already out there? When is it legal and illegal? Please help me I feel like I came to beading 400 years too late.