By contributing columnist Kim Barnes aka Teatowelcreek

You have a right to…..protect your work!

Whether you just came up with a new pattern, cool idea, short story or a new design. You probably want to look into getting it protected!

There may come a time when you may want to protect your artwork and or creations. I have compiled some information for you that can lead you in the right direction.

Of course, this article is for informational purposes only, we do not profess to be legal counselors. For the legal advice, you should contact an attorney. For additional legal information for artists check AttorneySarah’s Etsy shop.

What Is a Copyright?
Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.

An artists work is automatically copyrighted once it is created. However filing for a copyright is volentary but having a legal copyright filed with the Gov’t will protect your work incase of infringement. Costs starts at $35.00 to file electronically. For more information about copyright, copyright laws, costs, etc. go to http://www.copyright.gov. You can also write to them and request a copyright booklet that will also have all of the information you will need and a section for you to fill out to apply for a copyright. You can also call to request this booklet.

U.S.Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
1-202-707-3000

Trademarks: A Trademark is a word, symbol, phrase or devise which uniquely indentifies a particular company or individual. Example: Crayola. To register a trademark or patent: http://www.uspto.gov

Patents: There are 3 forms of patents:
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

When applying for a patent it is best to go to a Patent Attorney. Make sure you have all of your documentation and product or product idea with you when you see an attorney so he can look it over. He will also do a thorough patent search for you and will be able to advise you through the entire process.

My father has a patent attorney so I know quite a bit about this process as I have also tried to get an invention patented but due to his thorough search I found out it was already invented so it is a really good idea to go to a patent attorney first before you go get the invention made to avoid this from happening to you!

Picture courtesy of SixHours

Tags: artists, attorney, copyright, crafting, designers, etsy, information, inventors, online business, patent, protecting, trademark, writers

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