Lets Talk Copyright!
In the wake of at-home crafters and side hustles, more and more people are turning to the internet to gather images and text through a search engine. After all – in the age of technology, going to Google and searching for ‘mickey ears’ for a tumbler you’re making with your Cricut is as easy as clicking a button, right? The short answer is no.
What is copyright?
Copyright is a legal concept that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time. This means that the copyright holder has the authority to control how their work is used, including who can copy, distribute, perform, or display the work, and who can make derivative works based on it. Copyright laws are designed to encourage creativity and the production of new works by providing creators with the financial incentive of exclusive rights.
That said, those ‘mickey ears’ you searched for, or purchased on Etsy, are subject to copyright. If you are creating a product for yourself – something you do not intend to sell, distribute or display publicly to claim authorship – that is within the scope of reproduction.
As a service to my customers, during the research phase of the design process, I will look for any copyright factors that could impact your design or product. At the final delivery of your design, I can also offer copyright registration services within the U.S. Copyright Office.
Key points about copyright:
1. **Original Work**: Copyright applies to original works of authorship that are fixed in a tangible form of expression. This includes literary works, music, films, art, software, and more.
2. **Automatic Protection**: In most jurisdictions, copyright protection is automatic as soon as the work is created and fixed in a tangible form, without the need for registration.
3. **Duration**: The duration of copyright protection varies by country, but it generally lasts for the life of the author plus 50 to 70 years. After this period, the work typically enters the public domain.
4. **Exclusive Rights**: The copyright holder has several exclusive rights, including the right to reproduce the work, create derivative works, distribute copies, perform the work publicly, and display the work publicly.
5. **Limitations and Exceptions**: Copyright law includes exceptions and limitations, such as “fair use” in the United States, which allows limited use of copyrighted material without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research.
6. **Transfer and Licensing**: The copyright holder can transfer their rights to others, or grant licenses to allow others to use the work under specific conditions.
7. **Infringement**: Unauthorized use of a copyrighted work can lead to legal action for copyright infringement, which can result in damages or injunctions against further use.
8. **Public Domain**: When copyright expires, the work enters the public domain, meaning it can be freely used by anyone without permission.