I'm looking at the paperpiecing section on Ebay, and this one lady has a bunch of teddybears selling for between $25 and $50. They're GORGEOUS, but I can't imagine paying anything remotely near that much for them - they're not even a complete page set, just a 5-inch or so plaque. Whew...
From another seller I saw a really cute teddybear tag and I was going to bid on it, except the auction closed before I got that far - it was just as cute as the other ones and it sold for $5. I don't really understand what makes the difference in price...
Have you ever sold on Ebay? I'm thinking vaguely of trying to sell handmade cards, but it doesn't look like there's much of a market... ~Karen aka Kajikit Crafts, cats, and chocolate - the three essentials of life
I couldn't pay anywhere near that much for a paper piecing, maybe I'm not on the right track but couldn't you just "scraplift" the idea? Do you need permission to do that?
I wouldn't spend that much on a PP. However, I could easily spend that much on paper, cardstock, stamps *drool drool*, eyelets, brads, and other scrapping supplies. But, if I had no clue how to make a PP, and I just really fell in love with a particular one, I might spend the $50. I find that those that have no clue how to craft do have some idea as to the time and effort we crafters put into our projects. So non-crafters are more apt now to spend the extra money on something homemade. Just my .02 cents worth.
I would NEVER spend that much on a paper piecing. I think most of the time the people that buy these things are women with a lot of time and money on their hands and usually are the same dozen people who buy them (loyal customer base). I have met a few of these. They always want me to make an album for them (too much pressure for me!). I would just "scraplift" them myself and "try" to make my own for that price.
This is my understanding of copyright: To copyright a design you would have to fill out paperwork with the U.S. Copyright office and pay a fee, send in two original works of the exact design ( one for the copyright office and one for the library of congress). If a work is not listed at the library of congress it is not copyrighted in the US. I don't know how international copyright works. I don't see very many scrapbookers doing that.......if it is published in a magazine or newspaper you would have to give credit to the magazine or newspaper if the work was used for public viewing. You still can not copy exactly someone elses work and sell it for profit. if they are still alive and it was not copyrighted. The way I look at it - if they didn't want their work copied, why would they put it up for public viewing? Especially sites like Two Peas, etc....... We just copyrighted two of the books written and printed by the historical society here, the other booklets we sell are written by members still alive and they have transferred ownership of the books to us upon their death. Sandy
This site has useful info on copyright and the myths surrounding it:
formatting link
Basically, when you create something and it becomes tangible it is copyright, and that applies worldwide. For example when your thoughts, ideas become a reality like a drawing, painting, or piece of writing. You don't need to register it anywhere to retain your rights. A common way of copywriting stuff was to produce two copies and send one to yourself via registered or recorded mail, which is signed for on delivery, then leave it sealed. In the event that someone tried to claim copyright you have the proof in the sealed, dated, recorded mailing that it is your work it would be up to them to prove to the contrary. My understanding is that would stand up in a court of law! Putting things up for public viewing does not mean that they are in Public Domain, so there for the taking.
So, how does that work when people use the sketches from Creative Keepsakes? They are already someone elses thoughts and ideas - people copy them, use them and then sell them for profit. Many of the bear patterns I have seen selling on ebay come out of magazines - some identical except for color.
According to the US copyright law (since Jan. 1, 1978 "everything an author writes (or creates) is protected by copyright the minute it is written. Under the new law, no registration is necessary though notice is required." Copyright protection extends for the rest of the author's life and an additional 50 years beyond it. This does not depend on publication. An article, poem, etc. may be copyrighted individually, but it is also covered if the publication in which it appears is copyrighted. A person holding a copyright can only sue for infringment if they feel they have been violated and can only sue for actual damages or statutory damages. Actual damages include lost sales, the profit the infringing party may have made from the infringement, and legal fees.
Marilyn, I didn't mean if it were on the Internet anyone could copy it. Publication on the Internet is just like publication on paper. I just feel that when people use a scrapbooking website like Two Peas, Scraps Ahoy, Stickers Galore, etc. to post their work they are showing it to other scrappers to give them ideas to scraplift (copy). That's the whole purpose of the comercial sites that have areas to post LO's - to get others to scraplift and buy the supplies from them to do it. In the scrapbook/craft world I would think it would be very hard for anyone to prove a copyright has been infringed upon. Even when you scraplift it will not be identical - even if you use the exact same materials. You would almost have to have the original work to be able to measure placement on the page etc...... and if it is in your own personal scrapbook and you are not selling it to the public how could anyone prove they lost sales because you copied their idea?
I found this on Scrapbooker Online in their agreement to become a registered user: "7. Submission of content on this web site By providing any content to this web site: (a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known or developed subsequently;"
I also found this one very interesting concerning Stampin Up. If you don't use one of their logo stamps on the back of a card you sell you are in voilation of their copyright. "To help protect the rights granted by these copyrights, all craftwork created for sale using Stampin' Up! images must be marked with one of the images from the official Stampin' Up! Limited License stamp sets, Handmade with Love, Handmade with Love II, or our personalized Tag It, On a Whim, and Decorative Design stamps. There are no quantity limits for for-sale hand-stamped craft works that abide by the restrictions as stated in this policy. You may sell your craftworks at community fundraisers, seasonal boutiques or bazaars, or other temporary craft events. However, the Stampin' Up! name, trademarks, or logos cannot be used at any location where personal hand-stamped items are sold, nor may they be used in any manner to solicit sales of such items. Hand-stamped items cannot be sold in any permanent retail location (any location that conducts business in a store, consignment shop, kiosk, mall, or Internet site), nor may they be sold to other vendors for resale purposes," It really pays to read the fine print anymore.......
Sandy
Here is a web site that gives more detail on copyright. I also just read on a site where you can not use Disney stickers, etc... on a LO that you do for sale.
I didn't mean to imply that you did Sandy. I was only trying to clarify the public view/public domain differences for those that may not know or are confused :o) I know I find all this stuff goobledegook....LOL Sorry if you thought I was directing my comments at you :o)
First of all, I would not pay $50 for a paper piecing!
next....WOW..Copyright can sometimes be a grey area, but it is also black and white. I deal with copyright issues EVERYDAY at work. I am a cake decorator in a grocery store bakery, and I am asked DAILY to draw things on cakes, or print a photocake image off of licensed material that the customer has aquired off of the internet. For example, a mother brought in a picture she printed off of the internet of a cartoon character that is featured in an online computer game, and wanted me to photocopy it for the birthday cake for her son, since it is his favorite game. (I had to tell her NO.) Or, I have been asked to photocopy and or draw CD/Album covers, celebrities, or cartoon characters that are pictured on plates, cups and napkins. This is where I have the biggest problem with my customers. I am not allowed to "copy" ANYTHING. Yeah sure, I am capable of doing it, I can draw pretty good on cakes, but it is not legal, and if I would somehow get caught doing it, I would be personallyresponsivle for the fine, NOT the store where I work. We buy licensed toy decorations and things from cake decoration suppliers, that are allowed by law to sell them, such as Disney , Nascar, Nicklodeon, Cartoon Network, etc.. I have gone as far as to decorate the cake to coordinate with the design, but not to copy it, like using the same colors but different designs. I have done this with napkins for bridal and baby showers. Basically what it boils down to for me, is if it is on the internet, or tv, or printed, It is copyrighted, and I cannot copy it. Sorry to get a little off topic there, but I had to stick my foot in...LOL
As far as using other scrapbookers' ideas that you see on the internet, in my opinion, I don't see a problem with it, because there is no way you can exactly copy it, and anyway, wouldn't you want to add some of your own ideas to it?People post their pictures online to share ideas and show off their work! :) I also think the Becky Higgins sketches are meant to be used as guidelines on how you might layout a page, and they wouldn't show them online if they werent meant to be used in that manner, would they?
One more thing....phew! .....That is very interesting information you gave on the Stampin' Up! I did not know that clause existed. I will have to remember that if I ever decide to sell anything using their stuff.
I've seen them sell for hundreds of $$'s on EBay. Must be the same woman. She always has a ton of stuff up for sale. One day I added up what she was making for that day alone if all her sales closed and it was more than I make in 2 months! I'm in the wrong line of business......
I believe that if you cange it by 10% it is no longer a copy, but becomes yours! Assuming of course that no one altered the original exactly the same way as you did.
I bought another one by the $5 lady, also for $5. I would have been willing to pay a few bucks more for it because it's for my wedding album and I don't know how to do pieced teddybears, but nobody else wanted it. All the better for me!
There's at least one lady selling Stampin' up cards on Ebay - but she doesn't post any pictures of them. You're buying the right to have her make you half-a-dozen assorted cards with their materials. Not sure how that gets around the copyright thing...
I was going to buy some Stampin' Up stuff from somebody who doens't want it any more, but looking at that I don't think I'll bother - it's too restricted how you can use it. I want to try selling some cards on Ebay...
Karen...many stamp companies put restrictive copyright clauses on the stamps. See here:
formatting link
Here is Anna Griffin's: ANGEL POLICY: You can use our products for resale with the following conditions: You may use our products to make things for sale at craft fairs and church bazaars. You can not mass produce a design (more than 50 pieces). You must use the original paper in the project, no reproduction of the product can be used. You can not use the Anna Griffin brand in association with marketing of your projects.
I wonder how many people actual read these and if they stick to them. Frankly, I would suggest it is impossible to police such a restrictive clause and given that the purchase of stamps is expensive, people would want to get maximum usage from them. I have an Anna Griffin kit that I think I have used once since I bought it but having now seen this I won't be buying anymore. If these people think their products are SO precious let them keep them....LOL I don't sell the cards I make but if I wanted to do that and make a little cash I wouldn't want to be tied down by restrictive use clauses.
InspirePoint website is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.