Category Archives: Copyright

Does a Copyright Notice Prevent Website Copying?

QUESTION: Does putting “Copyright 2023” at the bottom of pages on my crafts website protect it from site visitors who download an image or text?
ANSWER: Placing a copyright notice on your website is like sticking a “Keep off the grass” sign on your front lawn. People who respect your property rights will stay off, and those who don’t respect the rules … you’ll just have to chase them away for trespassing. The copyright notice doesn’t add any new weapons to your copyright arsenal (although it used to be very important). And unless you’re willing to follow up a theft with a threatening letter (or better yet, have your attorney do it), it’s unlikely your copyright notice will have much effect on a bad actor bent on copying.
Rephrase the question. Can we suggest you rephrase your question to “What can I do about visitors who download images and content from my website without my permission?” There are technical methods of preventing copying of your text, but these involve website coding, and some techies consider them pointless.
The legal route. Tracking infringers, threatening them with legal action, and dragging them into court for financial punishment has proven to be the most effective way to deal with website theft. Because the government does not enforce copyright, you must hunt down infringers and seek justice, so protecting your website can be expensive. Also, remember that winning your case doesn’t guarantee a return on attorney fees.
Fortify your defenses. If you foresee the possibility that you’ll nab someone copying your website, the following steps will increase your chances of success and remuneration for your troubles.

  • Ensure you own or have permission to use your website content.
  • Include copyright notice on each of your web pages (It may help prove that the infringer was aware you claimed copyright). 
  • Include a method for contacting you if someone wants to license content.
  • Gather evidence of copying. Prepare side-by-side tables showing your site and the copied site.
  • Register your website. If you have a registration in place three months before an infringement occurs, a judge has more freedom in awarding statutory damages –  a range of punishments instead of just compensating you for out-of-pocket damages — and attorney fees. You’ll find help on website registration at the Copyright Office. 
  • If you can afford it, have an attorney write a cease and desist letter. 
  • If you can afford it, have an attorney file a copyright suit, or if you are a go-getter with a DIY mindset, consider filing a case in the Copyright Small Claims court.
  • Review the facts before you make threats. Some who copy may have fair use defenses.
  • Pick your fights carefully. Go after those (1) inflicting the most damage competitively or (2) high-profile copying that you can’t ignore.

Converting Chinaware to Needlepoint

chinaware designs

Question: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. Much of the chinaware was produced in the 1800’s but some as late as the 1960s. I have sought and received permission where possible, but not in all cases because the companies no longer exist. What are the laws covering those designs for which I cannot get permission? 

We think you will be fine using the chinaware designs for needlepoint patterns based on the following factors:

Continue reading →

How Long to Get Design Patent?

Question: I want to protect my designed pendants in the USA. What should I do? And what cost per pendant design? And how long will it take?

A design patent may take one year or more to issue (although half of the applications issue in less than a year). An applicant can speed things along — that is, obtain a design patent within two to six months — by filing a Request for Expedited Examination of a Design Patent and paying a hefty fee. Here’s an article about the expedited system. You can learn more about design patent strategy in this article and we explain the steps for preparing an application in this section of our site. You can learn current fees at the USPTO website.

Can Beading Magazine Claim Copyright in Geometric Pattern?

DR_BeadsQuestion: A beading magazine has lots of instructions for making beaded jewelry designs that are purely geometric. The magazine tells readers that they can only use these designs for gifts or personal use (but not to sell). Can the magazine stop me from selling jewelry based on these designs?

Answer: We think you can probably sell the designs without incident but our response depends on the uniqueness and novelty of the patterns. Continue reading →

Can I Sell Clothing From © Fabric?

800px-Ribbon_loom_weaving_tubular_silk_neckties._Silk_industry,_South_Manchester,_Conn.,_U.S.A,_by_Keystone_View_CompanyQuestion: Can we purchase copyrighted fabric or ribbon from a store, make it into a dress or handbag and then sell those items legally? There is a “For personal use only” statement on the salvage of the fabric. My understanding is that First Sale Doctrine would cover the resale of the fabric along with a proper listing and disclaimer? Answer: You’re correct. Thanks to the first sale doctrine, if you bought copyrighted fabric, you’re free to make it into a product and resell that product. Continue reading →