Search results (tags) for: "copyright"

You be the Judge: The Orphan Works Act

Tue, 19 Aug 2008 19:15:00 -0000

In our regular series You be the Judge, we ask our readers to weigh in on copyright and infringement cases. In this case, we want you to role play a Congressperson!

There has been a lot of talk in the arts community concerning a potential copyright law reform titled “The Shawn Bentley Orphan Works Act of 2008.” Congress is currently considering this reform. According to the Act, an “Orphan Work” is a copyrighted work where after a reasonably diligent good faith search, the owner cannot be found, and therefore the copyrights are loosened so that others may use the work.

You can read the Bill yourself by downloading this PDF file.

In a press release, Senate Judiciary Committee Chairman Patrick Leahy said that this “legislation will help bring together potential users and owners of orphan works. But also as important, it will allow the public to view works that may remain orphaned.” According to Leahy, this bill can “preserve important parts of our personal and national heritage without giving a free license to infringe on established copyright protections.”

Many professional artists and small business owners worry that the Bill is too broad and as a result, it will have a negative impact on their livelihood. Opponents argue that the Bill will negatively affect artists’ creative control, ownership, and value of their works. Not to mention the economic impact of registering every piece of work in an effort to avoid a work becoming an orphan, artists worry that it would also put the onus on them to put in incredible amounts of time and money to simply prevent infringement on their work.

We (Etsy admin SarahSays and Vanessa) recently attended a talk at the Salmagundi Club in New York with a gathering of artists, the Small Business Association's Office of Advocacy, and a variety of organizations representing working artists (such as the School of Visual Arts, the Artist Foundation, Artists Rights Society, and the Society of Illustrators, among many more). You can view the webcast of the event here. The representatives there voiced their approval of the current way Orphan Works are handled by libraries, educational organizations and non-profits. The fears expressed at the talk revolved around the proposed changes and whether they would allow "big business" to profit from independent artists' works. The parties at the talk wanted to present information to the public (and to Congress) regarding what sort of financial impact the legislature might have: legal fees independent artists would incur to sue infringers, time and money spent digitizing and adding images to databases. It was pointed out that once artists have lost their exclusive right to sell their work, the work's value decreases triple fold, since most working artists make a living through licensing their work, rather than just selling the original.

In a New York Times article, Lawrence Lessig, Stanford Law professor and and political activist, writes that the proposed change is "unfair because since 1978, the law has told creators that there was nothing they needed to do to protect their copyright. Many have relied on that promise."

What do you think of this Bill? Share your perspective in the comments below.

You be the Judge: Garfield Minus Garfield Minus Lawsuit

Tue, 12 Aug 2008 16:00:00 -0000

As a well-seasoned judge of intellectual property infringement, you’ve judged cases regarding apple logos, a Danish design, chocolate ads, and a final resting place. For today's case docket, it's time to decide the fate of a missing feline.

Garfield is a daily-syndicated comic strip created by Jim Davis. The comic, which features the life of the title character Garfield, a cat, his owner, Jon Arbuckle, and the dog, Odie, has been published since 1978 and is syndicated in roughly 2,580 publications.

In February 2008, Dan Walsh created the blog, Garfield Minus Garfield. Walsh simply removes Garfield, Odie, and a few other characters from the classic Garfield panels. According to the site, "Garfield Minus Garfield is a site dedicated to removing Garfield from the Garfield comic strips in order to reveal the existential angst of a certain young Mr. Jon Arbuckle." The site has received as many as 300,000 hits a day.

And now, I’m sure you know the drill from past You be the Judge articles. You may be thinking “come on Sarah, tell us about the lawsuit. Tell us about how Davis sent Walsh a ‘cease and desist letter’ in an attempt to stop this blog. Tell us about how Davis argues that the blog is infringing on his right to create derivative works or argues trademark infringement.” Well, sorry folks, in a You be the Judge first, there appears to be no threat of lawsuit.

In a New York Times article, Jim Davis explains that he’s “flattered rather than peeved by the imitation” and admits that “some of [the comics] really work, and some of them work better.” He goes on to say that Walsh’s blog has prompted him to take a different look at his own work.

But even though there may never be any judges for this scenario, we can still play judge. And so... You be the Judge! What do you think of Davis’ decision? If there were a lawsuit, what would you, the judge, decide?

Check out our other You be the Judge posts for more adjudicatory role-playing.

Legal Info for Artists: Electronic Copyright Registration Now Available

Tue, 05 Aug 2008 18:17:00 -0000

Dear Sellers,

I am happy to report that the U.S. Copyright Office is now accepting electronic filing of copyright registrations. Previously, I reported that the Copyright Office was conducting a beta test of this system. Advantages of Electronic Copyright Office (eCO) system include:

• Lower filing fee of $35 for a basic claim (for online filings only)
• Fastest processing time
• Online status tracking
• Secure payment by credit or debit card, electronic check, or Copyright Office deposit account

The U.S. Copyright Office's website has a great tutorial to help get you started. I have registered some of my work using the old school paper system (my personal favorite) and I tried out the beta test of the web-based registration system (save yourself a headache and turn off your pop up blocker), but I have yet to try out the eCO system. If you get a chance try out the eCO, please let me know what you think!

Check out SarahSays' past Legal Info for Artists posts here!

You be the Judge: Copycat Caskets

Tue, 29 Jul 2008 17:54:00 -0000

In previous “You be the Judge” articles, Etsians offered opinions regarding the image of an apple, Vuitton and Darfur, and Naked M&Ms. This time, I invite our community to examine a pending case concerning a product not typically associated with the word “knockoff.”

When walking through certain neighborhoods of New York City, I often am approached by entrepreneurs selling “brand name” items at unbelievably low prices. These allegedly designer bags, watches, DVDs and perfume may look similar to the real deal, but chances are the products are knockoffs and illegal. It’s easy to doubt the authenticity of an item yanked from a garbage bag by a guy standing on a crowded corner whispering “handbag,” but the concern over knockoffs is not necessarily limited to this type of situation: take the case of the knockoff caskets.

The York Group is a Pennsylvania casket maker which sells wood and metal caskets nationwide.

Wuxi Taihu Tractor Co. is a Chinese casket manufacturer.

In a 2006 lawsuit, State District Judge Elizabeth Ray, ordered that Wuxi place the words “Made in China” on caskets built in the Asian country and sold to U.S. distributors, as required by federal law. The judge also ordered that Wuxi cease distributing copycat caskets.

In the current case, York contends that Wuxi violated the court order by distributing “knockoff” and “look-a-like” caskets which copy York’s "hardware, design lines and paint jobs." According to York’s attorney, “this is part of a continuous, ongoing battle that all U.S. manufacturers have.”

Wuxi’s casket designer claims that he doesn’t use York caskets as a standard for his ideas. And others argue that all caskets are inherently similar and question “how many ways can you make a casket?”

Although I was unable to find images of the caskets in question, you be the judge. What do you think about protecting the design of a casket? For more information about U.S. Copyright law check out www.copyright.gov; for information on U.S. Patent and Trademark Law check out www.uspto.gov.

Etsy, I See Copyright Infringement

Thu, 24 Jul 2008 20:17:00 -0000

What's flagging? It's how Etsians can report items to Etsy admin. People flag for many reasons. Copyright infringement is just one example, and SarahSays will be discussing this below.

Another example: if concerned members of the community spot someone selling a mass-produced item on Etsy, they can notify the Etsy admin (without the suspected seller knowing who the reporter is) by clicking the link to "Report this item to Etsy." Then the matter is up to the Etsy admin to investigate in a way that doesn't involve calling sellers out in public.

However, concerned Etsians may not understand what qualifies as copyright infrigement and Etsy's role in the process, and as a result flag too much. In this article, SarahSays will explain copyright infringement and the role of the copyright holder.

Concerned members of our community often flag items due to the appearance of infringement. For example, a member may flag a handmade t-shirt with a silk screened image of an iconic cartoon character. Later, the member may become frustrated, disappointed or confused when the item remains on Etsy.

Intellectual property rights are very important to Etsy. When Etsy receives a complaint from a copyright owner, Etsy, as a venue, attempts to remedy the situation. Etsy treats all complaints seriously, whether the complaint is from a well known company, an individual, or from an Etsy member.

However, under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, copyright owners are responsible for policing their own rights and bear the cost of policing.

In the case of the silk screened t-shirt, the owner of the copyright of the cartoon character has the right to decide how to proceed. If copyright owner believes that the use is infringing, the owner might ask a seller to stop selling the items. Alternatively, the owner might ask the seller to enter into a licensing agreement. The copyright owner could like the t-shirts and the publicity; the owner might choose to allow the use. It is not up to Etsy or a community member to decide what use of a character should and should not be allowed.

Also, an Etsy seller may have permission to use a copyrighted image in their handmade items. Some Etsy sellers have licenses with companies to use certain intellectual property. In fact, certain Etsy sellers have entered into agreements with other Etsy sellers for the benefit of both parties.

Let me know what you think about this topic!

This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.

NOTE: This was originally published on October 30, 2007. We changed the timestamp to bring it up to the top for a refresher!

Legal Mumbo Jumbo: What's SarahSays Saying?

Tue, 10 Jun 2008 15:51:00 -0000

Sometimes lawyers (like myself) use words and phrases that should be reserved for a legal brief, a law school exam, or Black’s Law Dictionary.

But why? Why do lawyers get all wordy with these words? Maybe because of tradition, or maybe because (apparently) attorneys used to charge by the word, and now many lawyers charge by the hour.

In this Storque article I hope to shake some of the lawyer training out of my head and explain four legal concepts in artist-friendly, non-lawyer speak. Of course, my definitions only provide a brief overview of these rather complex legal theories.

[Intellectual Fruits by ThumbelinaCardCo]

Intellectual Property
Before discussing intellectual property, let’s look at tangible property. Tangible property exists in real-life form, like an apple or a stop sign. Intellectual property cannot be touched; intellectual property is intangible. Intellectual property includes mainly ideas and designs. Tangible property, like an apple, cannot be used once it’s gone, but intellectual property can still be copied and distributed without using up the original.

Think about it this way: Leonardo da Vinci spent time, effort and creativity to produce his famous Mona Lisa painting. But prints of the work can be reproduced without much effort and without touching with his original art. The painting itself is tangible property, but the design is the intellectual property.

Copyright
U.S. copyright law is grounded in the U.S. Constitution, which states “the Congress shall have power...to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress enacted the first federal copyright law in May of 1790, and the first work was registered within two weeks. (Find out more about this here.)

U.S. copyright is a form of intellectual property protection for creative expression like literary works (books), musical works (songs), pictorial, graphic and sculptural works (for example, advertisement, collages, dolls, jewelry designs, mosaics, and photography). Copyright does not protect, for example, ideas, discoveries, facts, short phrases, or symbols.

The holder of a copyright has many exclusive rights, including the right to make copies of the work and to prepare “derivative” works based on the work. A “derivative” work usually has some kind of transformation, like a book made into a movie.

I could go on and on about the many facets of copyright law. In fact, I wrote a book on the subject. For more information on U.S. copyright, please check out www.copyright.gov. For a government site, it’s very user friendly. Also check out Etsy’s Copyright FAQs. You might also be interested in learning about Creative Commons licensing.

Trademark
Trademarks have their roots in the arts. Ancient Greek and Roman potters marked their wares and medieval paper makers watermarked their papers.

Today, in the U.S., a trademark is a word, logo, symbol, or design that identifies the creator of a product. Trademarks are associated with a particular quality and character of goods, which is why companies and individuals work so hard to protect them. For example, the Coca-Cola® wave logo distinguishes the soft drink from other brands, so that no matter where a bottle of Coca-Cola is purchased, you will know what to expect of this product.

A trademark can be registered in a specific state or across the United States. A company that operates solely in one state with no plans for expansion may benefit from state registration. Ownership of a mark can be lost if the trademark is deemed abandoned or if a mark becomes “generic.” In fact, “cellophane” used to be a brand of plastic wrap, but because it was so widely used to identify all forms of plastic wrap, the courts decided the mark was no longer valid.

For more information on U.S. trademarks, check out www.uspto. Also, check out this article about how to search the trademark site.

Patent
According to the U.S. Patent and Trademark website, the first U.S. patent was granted in 1970 to Samuel Hopkins of Philadelphia for “making pot and pearl ashes” a cleaning formula used in soapmaking.

A “utility patent” protects how or the way an invention works. This includes processes, machines, and products that are manufactured. A “design patent” protects the appearance of things like jewelry, toys, clothing, and furniture, rather than the way these things work. A U.S. patent gives an inventor the right to exclude all others from making, using, importing, selling or offering to sell the invention for up to 20 years without the inventor's permission. In order to acquire a U.S. patent, the inventor must file a patent application with the United States Patent and Trademark Office within one year of the first date on which the invention was in public use or for sale. Patents can be time consuming and costly to obtain.

For more information on patents, visit www.uspto.gov.

Any legal words, phrases, or concepts you want me — Etsy's inhouse attorney — to clarify in a future Storque article? Let me know in the comments or shoot me a convo!

Etsy Trademark Permissions Program: This ain't no Cease and Desist

Fri, 21 Mar 2008 18:45:00 -0000

*UPDATE* This article was originally published on January 22, 2007. Since that time, a bunch of awesome Etsians have sent their information to trademark@etsy.com. Thanks so much for understanding why we have this program and thank you for your patience. Starting April 1, 2008, Etsy may approach members who have not contacted us about using trademarks on products. So if you currently use the name “Etsy” or another Etsy trademark in a product for sale in your Etsy Shop, please read this article and contact trademark@etsy.com with the necessary information.

SarahSays is Etsy's in-house attorney, and she spends much of her day translating Legalese into plain English. She previously posted a Storque article about the history of trademarks and how they work today. Below, she's introducing an Etsy program that will effect some sellers: it's a way for the larger Etsy company and its thousands of sellers to cooperatively and collectively use the Etsy trademarks. But here's the thing: we have to communicate with each other about it! And below, Sarah details what we need to do.

I am always amazed by Etsy’s dedicated and creative community. Many sellers and buyers have expressed a personal connection to Etsy by using the word “Etsy,” its logo, or other Etsy Marks on products, in running a website, in hosting an event, and in creating promotional materials. This use may seem like a win/win situation: the member uses the Etsy name to promote their shop and all of Etsy benefits from this promotion.

However, the name Etsy, and other Etsy graphics, logos, designs, page headers, button icons, scripts, and site feature names are registered trademarks or trademarks. What does this mean for the Etsy community and the Etsy marketplace? How can we reconcile all the legal stuff with our inclusive and proactive community? These are tough questions for us Admins, and we've been discussing it with you in the forums. Here's the background, in a nutshell.

If Etsy allows just anyone to use marks similar to Etsy’s trademarks in any way, without permission, Etsy could lose its trademark rights. If Etsy loses its trademark rights, Etsy will be unable to stop others from using the Etsy trademarks. Imagine if you discovered a product with the word Etsy on it. Imagine that this product was for sale at a very un-Etsy place. Not only that, but the product was mass-produced in the most terrible of conditions. Well, Etsy does not want things like this to happen. To prevent situations like this, Etsy must have a permissions program in place so Etsy can protect its brand and stop this sort of misuse.

Therefore, Etsy is instituting a trademark permissions program. Through this program, members will describe how they'd like to use Etsy’s trademarks. Applications will be reviewed, and in most circumstances limited permission to use the approved trademarks will be granted, for free. So long as you comply with Etsy’s Terms of Use, Dos and Don’ts and other site policies, this process will be easy to walk right through. Etsy's community and marketplace benefits from your creative uses of Etsy’s trademarks, and we're not trying to put a damper on your creativity or your expression! Keep in mind, however, Etsy will not grant permission to use the Etsy name in a drop shipped and mass-produced product.

This program will take time to implement, as each request will be reviewed individually and each approved member will be asked to follow some instructions and sign an agreement. We expect a bunch of requests all at once, so please be patient. After the program goes into effect all uses of the trademark similar to that belonging to Etsy, must be pre-approved.

Through the trademark permissions program, both Etsy’s trademarks and your use of Etsy’s trademarks will be protected. Thank you for your creativity, thank you for your patience, and thank you for your personal connection to the Etsy!

Do you want to apply to use the Etsy trademarks in a product?
For example, do you want official permission to silkscreen the Etsy logo on a handmade bag or paint the word “Etsy” on a mug? Please email the following information to trademark@etsy.com:

Your contact information: Etsy shop, full name, email address, address, phone number.
What trademark you want to use? (Do you want to use the Etsy name, the rectangle logo, another Etsy trademark? Lets us know.)
Information about the items: What will you make? How will the items be made? How will you use the Etsy trademark?
Information about the quantity: How many of the items will you make each year? (This can be an estimate).
Information about selling the items: Where will the items be sold?
Image of the product.
Any other relevant information.

For permission to use the Etsy trademark in a product, please email trademark@etsy.com with all of the above information. Please make sure you include all requested information. Any incomplete applications will be returned. If you want to use an Etsy trademark in any way other way (for example, in a domain name), email trademark@etsy.com with as much information as possible, including description of use and the domain name. We will review the request and get back to you.

Please check out the FAQs for more information.
Thanks!
Sarah

Etsy Trademark Program FAQ

Q. I am already selling an item with the Etsy logo or just the Etsy name on it, what should I do?
Don't panic. Email the information to trademark@etsy.com for official permission to use the Etsy Mark. For products listed on Etsy, unless the product violates an Etsy policy, Etsy will not start removing items for using Etsy marks until we all feel we’ve reviewed the first wave of requests.

Q. Do I still need permission if I change the Etsy logo?
Yes. You will still need permission. In fact, changing the logo could cause confusion.

Q. What types of products will be accepted?
Handmade goods that comply with Etsy’s policies will be accepted. Dropped shipped or mass-produced goods that do not comply with Etsy’s policies will not be accepted.

Q. How long will it take to hear back about my application?
Initially, we anticipate a large number of applications, so please be patient. In the meantime, you can continue selling your Etsy logo products until reviewed.

Q. What happens if my application is accepted?
You will be asked to sign a contract. The contract will let you know that we have an agreement in how to use the trademarks, limits on using the marks, language to use in your item posting, and other legal information. This contract will help Etsy keep track of your use. You will also get an official TAG for your products to use on Etsy. The email that accompanies the contract will explain, in plain English, what you are asked to agree to.

Q. When do I need request permission by?
Please request permission as soon as possible. For products listed on Etsy, unless the product violates an Etsy policy, Etsy will not start approaching members using our marks on the site until April 1, 2008. For all other uses, Etsy reserves its trademark rights to the fullest and may ask you to comply with certain terms at any time.

Q. I want permission to use the Etsy trademark in a domain name / event / promotion / other use. What should I do?
Email trademark@etsy.com with as much information regarding your plan, including description of use and the domain name or name of the event.

Q. I have a blog that includes the word “Etsy” in the url. What if you do not grant me permission?
Please email trademark@etsy.com with as much information about your blog as possible, including focus or type of content written on the blog and domain name.

Q. My domain name does not use the word Etsy, but I mention Etsy in my site. What should I do?
So long as it does not seem as if you are pretending to be an Etsy employee or other similar situation, you may use the word Etsy to describe where you buy and sell all things handmade. For example you can say "I found this awesome shirt on Etsy," or "visit my Etsy shop." Also, you may have a section of your blog, for example, "Daily Etsy picks." You do not need to fill out a form for these types of uses. When in doubt, email trademark@etsy.com and we’ll be happy to talk you through it.

Q. What about promotional materials such as business cards, flyers, etc.?
If your business card simply contains the name of your Etsy shop or your shop’s URL (for example, www.yourname.etsy.com), there is no need to fill out a form for permission. If you are using Etsy's trademarks in any other way, please email trademark@etsy.com with as much information as possible about your use of the trademarks.

Q. I am putting on a craft fair in my town with other Etsy sellers, do I need permission?
If you are using the Etsy trademark in your promotional materials (other than URL of your Etsy shop) or if you are using the name “Etsy” in the name of the craft fair (for example, the "Etsy Small Town Amazing Craft Fair") then yes, you need permission. If the name of the fair does not contain the Etsy mark (for example, the "Buy Cool Stuff Craft Fair") then you do not need permission.

Q. What about Etsy Teams?
There is no need to email us right now. We’re still working on this and we will be in touch. We anticipate few changes, so not to worry. We love our Etsy Teams and will work with you about using Etsy marks at a later time.

Q. I thought I could use the Etsy trademark in anyway I wanted. Why are you doing this?
Although Etsy has not publicly policed its trademarks in the past, if we do not do this now, Etsy could lose its trademark rights. That means, if we let our members use our trademarks without case-by-case permission, we will have no recourse if a no-good, environmentally unsound manufacturer produces an inhumane product under the Etsy brand! This will harm our brand, our site, and our community. We don’t want to risk this.

Who do I contact if I have a question about this program?
Email trademark@etsy.com.

These FAQs may be periodically updated. Questions about trademarks and the content of this article? See the associated forum thread. If you have a specific concern about your item, you may want to talk to Sarah about that privately. Email her through trademark@etsy.com.

Alchemy: Day One

Thu, 13 Mar 2008 19:55:00 -0000

UPDATE: So far we've added:

a blurb at the top explaining a bit about Alchemy.
link to Your Alchemy shop settings so you can easily update your announcement.
ability to edit requests before they've been bid upon.
more awesomeness to Alchemy search so it's more effective.

Alchemy has been back up for just about 24 hours now (and there are almost 300 live requests already – wow!). We’re always seeking ways to make Etsy better, and this first day for Alchemy has generated a lot of great feedback for us to use to improve the feature. Thank you!

Here are a few things that we’re going to do, based on the community’s input:

1.   Add a flagging system for Alchemy requests. These flags will allow the community to notify Etsy when they think a request is in violation of Etsy’s rules. Etsy will investigate each case as we currently do with flagged items. (More about this below).
2.   Allow editing requests prior to the first bid being placed on the request. Once a bid has been made, the request is locked so that all bidders are bidding on the same request.
3.   Link directly to the bidder’s shop in the bid via a text link, so buyers can more easily check out that seller’s other items and overall style.
4.   Make searching for items within Alchemy more efficient.

One clear area of concern is requests that ask for a knock-off or copy of an item already available in an Etsy shop, particularly if that shop is mentioned in the request.

Flattering? Possibly yes. Cool? Definitely not. Intellectual property violation? Maybe. Why maybe? Well, the seller may have actually given permission to the requester, which would make it ok.

So what can you do if you see a “copycatting” request? One option is to Convo the seller of the item mentioned in the request to let them know about it. If they haven’t given permission, it is their responsibility to contact Etsy to have the Alchemy request removed. We will remove any request that violates a seller’s intellectual property (IP) rights IF we receive a request from that seller.

Why can’t Etsy just police these requests directly? Why can’t Etsy act on the good word of a concerned third-party? Well, monitoring IP violations is the responsibility of the IP owner — in this case, that’s the seller of the item. Only the person who owns the IP rights (or their representative) can determine if something is an infringing knock-off and do something about it. This is the same process we use for regular item listings, which you can read about in our Intellectual Property Policy.

Is there anything else you can do if you see a “copycatting” request in Alchemy? Yes — you can simply not bid on a request that seems fishy. If sellers don’t bid on these requests, they will naturally weed themselves out. Buyers can also submit a direct request to a specific seller, so ideally the buyer will go right to the source for a customized version of an item on Etsy.

We’d love to hear your thoughts about Alchemy! Please join us for an Online Workshop tomorrow at 11:00 AM (Eastern time) in the Virtual Labs’ Treehouse for an open discussion on Alchemy.

Legal Info for Artists: Dog Eat Dog Legal System

Tue, 04 Mar 2008 23:48:00 -0000

There are so many cases of the big dog scaring the little dog that it’s refreshing to find an educational and entertaining tale where the bigger dog’s bark is worse than its bite. Disclaimer: upon reading this case, I couldn’t help the dog puns. So throw me a bone!

Haute Diggity Dog is a puppy-sized business in a big dog world that sells a line of pet products whose names parody high-end brands of products such as perfume (Chewnel No. 5), cars (Furcedes), shoes (Jimmy Chew), and wine (Dog Perignonn). Haute Diggity Dog’s “Chewy Vuiton” chew toys resemble miniature Louis Vuitton handbags and are a similar shape, design and color.

Louis Vuitton Malletier S.A., the pedigreed designer of luxury handbags, growled at the “Chewy Vuiton” squeaky toys and wanted to send Haute Diggity Dog to the doghouse. Louis Vuitton filed a law suit alleging, among other things, copyright and trademark infringement.

Well, Haute Diggity Dog did not run away from this law suit with its tail between its legs. In a dogfight appellate case decided in November 2007, the U.S. Court of Appeal for the 4th Circuit found that the chew things were protected parodies because the toys conjure up the famous Louis Vuitton marks but at the same time communicate that they are not Louis Vuitton products. The court determined that the parody was “sufficiently blatant and that a consumer encountering a ‘Chewy Vuiton’ dog toy would not mistake its source or sponsorship on the basis of mark similarity.” The court held that Haute Diggity Dog’s products were unlikely to cause confusion with those of Louis Vuitton and therefore there was no infringement.

It can be intimidating to receive a legal notice concerning an allegation of infringement. And even a win in court may result in legal fees. It’s up to you to decide what is best for your business and it’s ultimately up to the court, and not the big dog, to determine who is right.

All About Etsy FAQs: Playing by the Rules

Thu, 17 Jan 2008 22:23:00 -0000

Don't get left out in the cold! Lauren aka stellaloella and the Community Team at Etsy have this important installment of the All about Etsy FAQ Series to share with you — especially newbie — Etsians! Etsy, over the company's short lifespan (two and a half years young!), has developed rules and guidelines that have helped the community and marketplace run smoothly. Often times the rules and guidelines are picked up informally, by getting a hang of things around the forums and asking questions. Here, Lauren addresses some of those most frequently asked questions.

One thing we hear occasionally from new members is that they don't know what the rules are or where to find them. In this article, we'll try to explain the differences in the policy documents on Etsy, remind you where to find them, and let you know who to ask if you're not sure about a rule.

What are all the different policy documents on Etsy?
We have a few different pages that detail site policies: the Terms of Use, the DOs & DON'Ts of Etsy, the Privacy Policy and the Copyright Policy. It's important that every member reads and understands the rules before they join Etsy.

What is the Terms of Use document?
The Terms of Use is the legal document all members must read and agree to when registering to become a member of Etsy. Being a legal document, it's written in the ancient language of Lawyerish. It outlines all the legal terms for using the site, from membership eligibility to Etsy's use of member-submitted content to explaining Etsy's role as a venue (not a retailer) to a whole lot of other things. The ToU also refers to the other Etsy policy documents. By agreeing to the ToU, you agree to all of Etsy's policies by proxy.

I read the Terms of Use when I signed up, but where is it in case I want to read it again? What about these other policies?
You can find the Terms of Use linked in the site footer at the bottom of every page on the site, and also in the Help section. In fact, all of Etsy's site policies can be found in the Help section.

What are the DOs & DON'Ts?
The DOs & DON'Ts of Etsy explain in greater detail all the rules for using features on the site, including buying and selling. The D&D were written to explain things in a more easily digestible format by breaking down the complexities of Etsy into a series of "Do" or "Don't" statements. It's vital that every Etsy member reads these rules and knows what they can and cannot do on the site. Each section of the D&D also outlines what the consequences are for breaking a rule.

What is the Privacy Policy?
This document explains how we protect the personal information you provide us with in your account information. Important tip for sellers: The Privacy Policy explains how and when you can use the information Etsy provides you about your buyers from transactions. Make sure you read it!

What is the Copyright and Intellectual Property Policy?
This page explains what to do in the event you believe an Etsy member is infringing upon your intellectual property rights (like copyright and trademarks). Etsy's Copyright Policy complies with the Digital Millennium Copyright Act. We also have a Copyright FAQ page to help educate members about their IP rights.

What happens if a rule is broken?
Well, that depends on which rule it was. The DOs & DON'Ts outline the consequences for breaking different rules under each section. Sometimes it's as simple as Etsy staff contacting a user to ask them to correct something. Other times breaking a rule can lead to suspension of certain privileges or full account termination.

Where are the rules about what can be sold on Etsy?
These rules can be found in the DOs & DON'Ts under the Selling section.

What if I have specific question about the rules, something I don't understand?
Please email support@etsy.com with your questions, and we'll be happy to help you.

What should I do if I see something on Etsy that is a violation of a rule?
Please email abuse@etsy.com with as much detail as possible. We will look into it and take the appropriate action.

You may also be interested in Rob aka Rokali's Ironing-board Chat (a podcast where he answered a lot of thought-provoking questions about Etsy). See all posts in the All about Etsy FAQ Series.

SarahSays: Trademarks

Tue, 15 Jan 2008 18:17:00 -0000

So you’re sitting in a cafe and you're online with your laptop —you know, the one with the cute little fruit logo. You're buying handmade items from that web site with the orange and white brick rectangular symbol on every page. You suddenly get a craving for a hamburger from the golden arches and a soda with the red and white wave writing on the can.

Based on these quick descriptions, can you guess the name of the web site? What brand of computer do you own? Where do you want to buy your burger and what is the name of the beverage you crave?

Sure! The Etsy logo, Macintosh’s apple, McDonalds’s arches, and CocaCola’s red “spencerian” script are all easily identified with just vague descriptions. That's because they are all trademarks — or brand names. And they are meant to instantaneously communicate to you, dear potential customer, which company made that product.

Trademarks actually have their roots in the arts, which Etsians might find interesting. Ancient Greek and Roman potters marked their wares with symbols to show quality and ownership, and medieval paper makers watermarked their papers. These markings represent the history of what would become trademarks.

[Old World Map Serving Tray by wildwood]

Today, trademarks serve a similar purpose to their ancient predecessors. They convey to the buyer the maker of the product and symbolize the quality for which that maker is known. So, trademarks and reputation go hand in hand. For example, if I discover the Etsy logo on a product in a craft store, I will associate that symbol with what I already know about Etsy, the company, the culture, and the community (hopefully good things!). Since I am familiar with Etsy, I might decide that I don't need to research this trademark brandishing item. By looking at the logo, I know the brand. My opinion of Etsy will help me decide whether to buy the product.

But, what are trademarks and why are they so important?

According to the United States Patent and Trademark Office, “a trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.”

The customer is not the only one who benefits from trademarks. Trademarks also help assure that the company (and not an imitating competitor) reaps the financial and reputation-based rewards associated with their brand. Therefore a company like Etsy is encouraged to continue to act responsibly and produce excellent products and stear clear of "things that will harm the brand." Etsy is then rewarded by this with loyal customers and good publicity. Also, Etsy can put an end to imitating competitors who might damage the Etsy name. So at the end of the day, our legal system and society developed trademarks to serve both buyers and sellers.

U.S. trademark law protects consumers from being confused about where a product comes from and from frauds. The law rewards companies for maintaining their product's quality by protecting that brand from imitators.

Check back for more SarahSays articles about Trademarks! Comment below! We'd love to hear your thoughts on Trademarks: which trademarks you think work well and why...

Etsy’s Copyright Policy

Tue, 18 Dec 2007 12:44:00 -0000

As a marketplace, Etsy serves, on the one hand, as a place where people come to buy and sell, but on the other hand, it's also a place where ideas and inspiration flow. Sometimes this is in a friendly way, and sometimes in a not so friendly way, and sometimes in a misinformed way. In any case, there's a lot of anxiety on the part of sellers about copyright and rightly so. The Storque and Sarah, Etsy's in-house attorney, got together to come up with some information about what U.S. copyright is and what it means for artists in the U.S. right now. Etsy does have international sellers, but we just cannot provide info for each and every country where Etsy sellers reside. But it would be great if international sellers can add useful info in the comments below.

Below you'll find the rationale behind the way Customer Support and Sarah deal with copyright issues on Etsy, as they come up between corporations and sellers, as well as between sellers. We hope that this post gives sellers a good picture of Etsy's role in copyright disputes and what sellers can do if they find themselves in a sticky situation.

Etsy takes intellectual property rights very seriously. Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright can take action against possible infringement. That means that it is up to the copyright owner, and not a concerned third party, to decide what can or should be allowed. Why is the law written that way? That third party person may not know all the details about the copyright or if there is a licence agreement. A third party might not have the whole story. Also, misrepresenting an infringement may result in legal costs. (For more information, see related Storque article, Etsy, I See Copyright Infringement.)

If you have an intellectual property related issue on Etsy, there are a few ways you can choose to respond. For example, you may decide to contact that person directly, as in you can privately convo them or email them. Don't air your complaints on the forums or call someone out publicly! You want to be careful about accusations, because it's possibe to make things worse when you really mean to make things better. Etsy wants to hear from you before things get sticky! Communication can head off a lot of further troubles! Sometimes the issue is a simple misunderstanding and you’ll benefit from talking it over. Or you may want to talk to an attorney and get some advice or do some more research.

Here's how to report an intellectual property issue to Etsy:

1) Flagging

If you see an item on Etsy that does not comply with Etsy’s Terms of Use or other site policies, please email flagged@etsy.com.

2) Formal Infringement Complaint (following Etsy’s Copyright and Intellectual Property Policy)

Etsy's Policy covers allegations of copyright infringement as well as other intellectual property infringements (for example, trademarks and patents). It also requires a physical signature (by fax or regular mail – not by email, except by prior agreement). The policy is consistent with Digital millennium Copyright Act (DMCA).

A complaint according to Etsy’s Copyright and Intellectual Property Policy is a serious matter. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity infringed on an intellectual property right. In fact, in Online Policy Group v. Diebold, Inc. a company that sent an infringement notification agreed to pay over $100,000 because the materials were protected by the fair use doctrine. Our point in writing this article is to explain that the policy and the U.S. copyright laws exist to make sure that claims are legitimate. Taking a claim to this formal complaint stage is pretty serious business.

If you are not sure whether the material on Etsy infringes on one of your intellectual property rights, please contact an attorney first or go the route below as a next step.

Each intellectual property issue is different. The best option for you depends on the circumstances. Please check out www.copyright.gov for more information on U.S. copyrights, www.uspto.gov for information on trademarks, and http://www.etsy.com/copyright_policy.php for Etsy’s Copyright and Intellectual Property Policy. Also, check out my other Storque articles on this subject. Please talk to a lawyer if you have specific questions.

SarahSays is Etsy's inhouse attorney. She has recently published an e-book Copyright for Artists and it's available through her Etsy shop, AttorneySarah.

This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.

SarahSays Copyrights: Register for U.S. Copyright Online

Tue, 20 Nov 2007 16:16:00 -0000

As Etsy's in house attorney and as a jeweler, I was so exited to hear this news I'd been waiting for for a long time. The United States Copyright Office announced that it is conducting a beta test of its web-based registration system. The public can request to participate in this test. Beta testing covers basic registration for visual arts works which includes, for example: commercial prints, collages, dolls, toys, fabric, games, greeting cards, jewelry designs, mosaics, photographs, and sculptures.

According to the U.S. Copyright Office, applicants will be selected in the order that requests are received and based on the type of work, the type of samples of the work submitted, the frequency of registration, whether the work is published, whether an individual or a company is submitting the work and based on the type of payment. Participants will file basic copyright registration claims online at a reduced fee ($35 instead of $45). If you want to be considered for beta testing, you will need to complete a short release form.

I see this move as a long time coming. And I am very excited to see what happens after the beta testing is complete. I know the Etsy community will benefit from the convenience of online filing and the lower fee.

Further Resources
The US Copyright Office beta testing announcement.
For more information about U.S. Copyright visit www.copyright.gov.

If you are selected to participate in the beta testing, please let me know how it goes in the comments below!

Poster Contest Opt-Out Week

Mon, 22 Oct 2007 16:37:00 -0000

The time has come to begin printing the winning entries from the poster contest we had last month. The contest itself was a great success. We had over 1000 entries, 60 winning posters, and 180 honorable mentions.

The original plan was to individually contact every seller who had an item included on a winner poster. We wanted to ask them for permission to print their image as part of our promotional event. As it turns out, permission to use images for promotional purposes is given to Etsy when a person uploads. It's outlined in our terms of use. This is actually great news because the time and expense of individually contacting nearly 900 people was looking like it would put the poster production well off into 2008.

We still want to give people a chance to opt-out of being included if they so desire.

Let this article serve as an announcement that any seller with listings appearing in a winning poster can choose not to have their work included. If you do not want your items included in the posters, please contact Jared directly via convo. Substitutions for these items will be made by us.

The opt-out period will last until October 29 at which time the printing of the posters will begin.

The posters will be printed in-house and we will be giving them away at the festivals and fairs we go to. They will be wonderful promotional material because they display the very heart of what Etsy is all about, beautiful hand made goods from artists worldwide. Thank you!

Pull My Finger Fred

Tue, 16 Oct 2007 15:45:00 -0000

Sometimes a court case comes along that really affects my life. And sometimes a court case just makes me laugh and want to share it with the world. JCW Investments, Inc. v. Novelty, Inc., 2007 WL 817673 (7th Cir., March 20, 2007) is entertaining but also illustrates an important copyright question: where is the line between an idea and expression?

“Pull My Finger Fred” is a doll manufactured by Tekky Toys. Fred is characterized as “a white, middle-aged, overweight man with black hair and a receding hairline, sitting in an armchair wearing a tank top and blue pants” who makes farting sounds and tells jokes when his finger is squeezed. In 2001 another company, Novelty, introduced a similar doll, “Fartman.” Fred and Fartman both feature crooked smiles, balding heads with black hair, large protruding noses, blue pants and white tank tops. Two of Fartman’s seven jokes are the same as Fred’s. In 2002, Fred’s manufacturer filed a U.S. copyright infringement action against Novelty and the court determined that Novelty had infringed upon their copyright. Novelty appealed.

According to the court, the idea of a farting doll is not protected. However, Novelty took more than the idea; Novelty took the expression. According to the court, “Novelty could have created another plush doll of a middle-aged farting man that would seem nothing like Fred. He could, for example, have a blond mullet and wear flannel, have a nose that is drawn on rather than protruding substantially from the rest of the head, be standing rather than ensconced in an armchair, and be wearing shorts rather than blue pants.”

Artists should remember that ideas are generally free for all, while expression may be protected with U.S. Copyright. Use your best judgment when creating art inspired by an existing work. Also, be careful about alleging copying when a work utilizes a similar idea. If Fartman had a blond mullet and wore flannel, the case might have been decided differently. Unfortunately, the line between an idea and expression is difficult to locate and thus must be decided on a case-by-case basis.

Sarahsays Copyrights: Creative Commons Licensing

Tue, 09 Oct 2007 09:04:00 -0000

You're walking through an art museum and see an amazing work of art. It's inspiring. Maybe you feel compelled to knit a sweater with its crazy color combo. Or maybe you just want to keep a personal scrapbook of your tour through the museum. Or maybe the fluid lines of the artwork hit you with the creative impulse: you have the urge to translate its forms into a unique piece of jewelry to sell in your Etsy shop. You whip out your camera to take a photo of it and Hey!!! a museum guard rushes up to prevent you from taking the photo. Why? Because the artwork is under copyright.

It's a puzzling moment many of us have experienced. Perhaps you weren't intending to make money off your image of the artwork. Perhaps you were only intending to "remix" its features into a new work. At moments like these, many of us heave a sigh and balk at the litigious constraints in which our society has cloaked creativity.

But then again, many of us have been on the other side of such situations. Perhaps you've found that others are making exact replicas of your truly unique work and selling it for profit, without giving you any credit or attribution.

Is there any in-between? There are new alternatives: artists and craftspeople now have options to share some of their ideas if they choose to do so. This is somewhere in between folk art — where artistic expression moved freely through cultures, the predecessor of public domain — vs. complete individual control — where the artist or copyright holder can prevent any sort of copying. Below, SarahSays gives us a breakdown of Creative Commons Licensing, a set of licenses developed for those instances in-between.

This is incredibly important information, and very relevant in the digital age. Replication of artwork is quick and easy, but so too is viral marketing. As artists and web entrepreneurs, we find ourselves tailoring copyrights to our individual needs more and more. The open source movement has been promoting the idea of sharing information and computer code for the greater good and betterment of society for some time now (some say since engineers first invented the internet, though 1998 is the date for when the term was coined. See Wikipedia's entry on open source). The key concept here is that new works (and therefore the stuff that makes up our culture) build upon the works of the past, as Lawrence Lessig puts it. Creative Commons, a non-profit organization founded in 2001, brings more choice to the issue of copyright for artwork. Please read on for Sarah's article.

— Vanessa

Generally and according to U.S. copyright law, when an artist creates a piece of art, the artist can prohibit others from reproducing, adapting, or distributing copies of the work. Some people argue that "All Rights Reserved" — the default copyright — is too broad and lasts too long, and as a result, U.S. copyright law stifles creativity. In order to allow others to use the work and to encourage further artistic expression, an artist may choose to loosen some rights under copyright law.

Creative Commons is a non-profit organization dedicated to providing an easy way to share information. An artist can choose which rights to retain and which rights to license to others. The aim of Creative Commons is to increase the sum of raw source material online and also to make access to that material cheaper and easier. According to the group “a single goal unites Creative Commons’ current and future projects: to build a layer of reasonable, flexible copyright in the face of increasingly restrictive default rules.”

The copyright owner may use Creative Commons licenses to grant some or all of their rights to the public while still retaining other rights. The Storque is written with Creative Commons licenses.

There are many benefits from Creative Commons licenses. A photographer can choose to post a photo on the web and still express a preference of how the work is used: the photographer doesn't mind if people repost his image on their blogs, but they must credit him, for instance. A musician may legally sample and be sampled, without the hassle of clearing copyright and obtaining permission. New artists may benefit from increased exposure.

The following is a list of the Creative Commons licenses along with the icons:

Attribution: You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give you credit.

Noncommercial: You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only.

No Derivative Works: You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.

Share Alike: You allow others to distribute derivative works only under a license identical to the license that governs your work.

Public Domain (No Copyright Attached): The work is available for use in any way by anyone.

The following is a list of combinations of Creative Commons licenses:

If you select “Attribution Non-commercial, No Derivative” you are granting others permission to copy your work and share it, but the person must give you credit and link back to the work, the person cannot change the work, and the person cannot make any money off of your work. This is the most restrictive Creative Commons License.

If you select “Attribution Non-commercial Share Alike” you are granting others the right to copy or share your work, change or build upon your work, but the person cannot make any money off of your work and the person must give you credit and link back to your work. All new work based on your work will carry the same license, so any derivatives will also be non-commercial in nature.

If you select “Attribution Non-commercial” you are granting others the right change or build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

If you select “Attribution No Derivatives” you are granting others the right to redistribute the work, the person must give you credit, the person can make money off of your work, but the person cannot change the work.

If you select “Attribution Share Alike” you are granting others the right to remix, tweak, and build upon your work, even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. New works will also allow commercial use.

If you select “Attribution” you are letting others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of the Creative Commons licenses offered.

Further Resources:

For more information on Creative Commons and to learn how to select a license visit www.creativecommons.org.

For more information on U.S. Copyright Law visit www.copyright.gov.

Lawrence Lessig's Free Culture book.

Students for Free Culture.

Electronic Frontier Foundation.

SarahSays' column is not legal advice, but shared legal information. If you're in a situation where you need to take the issues addressed here further, please talk to your lawyer!

Using Fabric in your Creations: Not All Fabric is Created Equal

Tue, 25 Sep 2007 07:06:00 -0000

SarahSays will be writing a series on Using Fabric in Your Creations.

I have seen a lot of forum debate on the use of fabric in creations. I hope to shed a little light on this complicated topic.

*Not all Fabric is Created Equal:*
When discussing United States copyright and fabric, usually someone brings up the fact that if fabric is covered by copyright, then every piece of fabric clothing, and every fabric pillow, bag, and headband violates copyright. This argument is simply not true.

According to U.S. Copyright Law, in order for a fabric pattern to qualify for copyright protection it must “rise to the level of artistic design.” For example, a drawing or photograph printed on cloth would likely meet this test but a simple white sheet is probably not eligible for copyright protection.

However, where is the line? When is a piece of fabric just barely eligible for copyright protection and when does it fall short? There is little case law on this subject and both legal scholars and judges may disagree. Ultimately, this becomes a question for the court to decide.

In conclusion, not all fabric is created equal. Before you use of the fabric you must examine the fabric itself because not every fabric pattern is entitled to copyright protection.

I will examine other issues associated with using fabric and creating art in subsequent Storque articles. Please stay tuned. For more information on U.S. Copyright Law visit www.copyright.gov.

Poor Man's Copyright

Tue, 18 Sep 2007 16:09:00 -0000

When discussing United State's copyright law it never fails that someone will bring up the poor man’s copyright as an alternative to U.S. copyright registration. For those of you who are unfamiliar with the poor man’s copyright, this is the practice of mailing a copy of your work to yourself and not opening the envelope when received.

Surely the cost of the stamp is a lot less than actual copyright registration. Not to mention there are no forms to fill out. The myth: someone alleges that you infringed and in a dramatic courtroom moment you whip out the unopened envelope, point at the time stamp and upon opening the envelope, to the horror of the opposing party, you will prove that you did not infringe. Case closed. You win. And the crowd goes wild.

The poor man’s copyright is not an alternative to U.S. copyright registration. First, there are many benefits to U.S. copyright registration and the poor man’s copyright does not bring with it these benefits. U.S. Copyright registration is currently only $45 (fees subject to change), you will probably be able to register a GROUP of work at the same time, the form is easy to fill out, and you don’t need any lawyers.

Second, copyright protection attaches as soon as the work is created. Generally in the U.S. you do not need copyright registration in order to have copyright protection. However, registration has major benefits. For example, if you have registered within five years of publishing your work, then the courts will find this as excellent proof of a valid copyright. Also, to bring a case to court, you need U.S. copyright registration first (and a poor man's copyright does not count as registration).

Third, I have never heard of a poor man's copyright success story. If you know of one, please let me know. Plus, the poor man’s copyright could be easy to fake.

The poor man's copyright is simply not an alternative to U.S. copyright registration. This is your business, take it seriously. And really, $45 (fees may change) is pretty cheap for insurance. Go to http://www.copyright.gov/, fill out the appropriate form for your work, send it in, and do things right. The copyright website also has lots of FAQs and you can call the office with questions. You worked hard to create your works, take the same time and effort to protect them. It’s not that hard. You can do it!

Burdastyle: Neighborly Sewing Patterns

Thu, 06 Sep 2007 11:00:00 -0000

BurdaStyle is a new company on a mission to share sewing patterns freely and openly, spreading the word about do-it-yourself style. We like to think of our website as a virtual sewing circle, an open-source hub of ideas, expertise, and amazing patterns you can download and sew at home. We're offering our ideas, expertise and downloadable patterns to the BurdaStyle community, and we hope that you'll contribute, too.

In the beginning, Burdastyle was simply to sublet Etsy's office space. In the end, we found out how to share ideas with creative neighbors. We gained valuable expertise on so many levels during the building and launch of our website at the Etsy Labs: craft skills, website design, Fresh Direct delicacies. (Thanks for the great cheese, Rob!) However, even more important for us as a young start up was witnessing the challenges and returns of building a company and seeing it grow.

Every day there was something and someone new. Being part of a bustling hub full of excitement and ideas has contributed so much to BurdaStyle, our open source sewing community. Thank you, Etsy -- and congratulation on a great new venture: The Storque - a great platform and a chance for us to give back a little.

Here, we will share with you how to change the dress pattern Celestina, available on our website. You can download it for free here. To find more ideas and people that like to sew and make things, join us at BurdaStyle.

See you soon!
Nora

About Us: SarahSays, Etsy's Legal Counsel

Mon, 03 Sep 2007 23:00:00 -0000

As a child I was always creating things. My supportive parents signed me up for classes at our local art gallery. I remember having visions of glue and glitter in my head as I walked with my mother to the art classroom. Out of the corner of my eye I saw the metalsmithing studio. I caught a glimpse of the torch, the anvils, the saws, and the metal. I knew I had to join this class.

The gallery’s rule was that a student must be at least twelve years old to take a metalsmithing class. And so I waited. I completed classes in ceramics, painting, and drawing, but on breaks, after a visit to the vending machine, I would find myself wondering over to the jewelry studio window wishing that I were older. The moment I turned twelve, I was signed up for my first metals class.

Although I loved jewelry making from the very beginning, I knew that this was not my career path. My passion for art led a curiosity of the legalities of creating art and, to be honest, a slight paranoia concerning my own intellectual property rights. I was intrigued by all things which combined law, art, and helping artistic and entrepreneurial people. To address these interests I decided I would become an attorney. However, my art was too important to me to lay dormant while I completed my legal education. I chose Skidmore College for my undergraduate degree because I could take metalsmithing classes without majoring in studio arts. I chose Syracuse University College of Law for a similar reason.

I believe life presents two types of opportunities: opportunities that are earned, and opportunities that are created. My final year of law school I created an opportunity to combine my passion for art and my passion for law. I wrote a book on intellectual property rights of jewelers as an independent study with my favorite professor. I submitted the book to two publishers; one publisher actually loved my concept.

After I graduated law school and my brain thawed from the dreaded Bar Examination, I entered into negotiations with the publisher. In my eyes, the publisher wanted too much control over my book. And then I had an epiphany: I did not need a publisher to publish a book and help artists.

The book I wrote in law school has transformed into my current book “Copyright for Artists.” This book contains information on U.S. intellectual property protection options and step-by-step U.S. copyright registration instructions. The book is specifically tailored to visual artists—written in plain English—and it contains many examples, frequently asked questions, charts, and links to forms. Much of the book is influenced by Etsy forum threads. I will sell my book in PDF form on Etsy as soon as it is complete.

I also write articles and speak on the topic of intellectual property rights of artists. My most recent article is in August’s Bead&Button Magazine. Click here to read the article.

The purpose of my Storque column is to address intellectual property issues. If there is a topic you want me to address, submit the idea through the Storque. Please understand that I cannot provide legal advice concerning a specific situation. If you need specific advice, consult a licensed attorney in your area. However, I can provide general legal information concerning an issues.

I’m very excited to have this opportunity to combine my passions for law and art and to help the amazing artistic and entrepreneurial community of Etsy.