Category Archives: Legal Rights

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 most coders consider them pointless. The legal route – tracking down infringers and dragging them into court for financial punishment — is the most effective. Because copyright is not enforced by the government, you have to hunt down infringers and seek justice yourself and that’s why protecting your website can be expensive. Sometimes, you will be repaid your attorney’s fees, but 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.

Make sure you own or have permission to use all of your website content.
Include an end-user license, which the user has to click to accept. If you offer downloads, link the downloads to acceptance of the license.
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 people to contact you in the event 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 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.
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 mentality consider filing a case in the nation’s new 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) who are inflicting the most damage competitively; or (2) high profile copying that you can’t ignore.

Converting Chinaware to Needlepoint

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 →

Free Crafts Contracts

By downloading or copying these agreements, you agree not to distribute any agreement as a blank legal form or to create a download link directly to the agreement.

Wholesale Invoice – use this invoice when making wholesale transactions
Consignment Agreement – use this contract when consigning crafts work to a store or gallery
Commission Agreement – use this agreement if a customer has requested a custom order
Work Made for Hire Agreement – use this agreement if you want to acquire copyright ownership of a work created by a contractor
Merchandise License Agreement – use this merchandise agreement if you are permitting someone else to make and sell your crafts or your designs
Sales Representative Agreement – use this agreement when hiring a sales representative
Model Releases – use these releases when photographing models for advertising and other promotional purposes
Copyright Assignments – use these agreements when you need to transfer copyright ownership from one party to another
Nondisclosure Agreement – use this agreement when you want to protect trade secrets

Can Beading Magazine Claim Copyright in Geometric Pattern?

Question: 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 →

What Rights Does a Crafts Buyer Acquire?

Question: I sell original wood sculptures. What rights does a buyer get?

Answer: Assuming it’s protected under copyright law, a customer acquires the limited right to display the wood carving at home (though not in a museum) and to lend it, rent it, and re-sell it (and in some cases, to destroy it—although certain fine art crafts works such as sculptures and limited edition prints and photographs are exempt from this rule. The customer cannot make copies or otherwise reproduce it. You control all copyright in the work .

Crafts Law

Law and business for crafts artists