A message about copyright

Hello all.

This post isn't directly about leathercraft but I do think it is a helpful thing to know about.  Copyright law in the US (and I'll be speaking strictly in terms of the US as that is all I remotely familiar with) can seem a complicated thing.  When you get right down to it, it is rather simple.  If someone else came up with it, don't copy it.  Where it gets complicated is in the details and interpretation.

Two quick notes here at the beginning.

1. I AM NOT A LAWYER.  So please do not take any of this as direct legal advice.  If you have questions seek professional help. Got it?  Good.  You may continue.

2. I'm speaking mostly in terms of if you are trying to sell your leather goods.  If you are just a hobbyist making stuff for yourself, family, friends, or gifts then by all means go bananas.  When you want to sell something though, then you are entering murky waters.

Sometimes copyright law is easy.  Dave Matthews Band has a design called the "Firedancer" that has been the bands symbol almost since day one.  Don't put that design on anything you make.  Easy enough.  Where it gets tricky is where the design isn't as recognizable or is basically just a doodle that is easy to unknowingly copy.  Or if some came up with a bag design or wallet design then it is hard to know if you are infringing on their rights.  Chances are, in that last example, you are fine as long as the bag is different enough.  There is only so many ways you can stitch together a bag.

But to make it easier on yourself, if you know someone else came up with the design or the template, don't use it.  Period.  Now does that mean if you see a type of bracelet or wallet on Etsy or some other site and you want to make it for yourself that is fine.  And if you make it and it gives you an idea on how to make a bracelet a different way then you have your own, new idea.  (Here is where MY lawyer is requesting I add in again that you should NOT take any of this as legal advice.  When in doubt, seek out a copyright lawyer and ask away.)

Why am I bringing this up?  Well, two reasons.  First I felt it something I should talk about and second it's because I'm a schmuck and didn't know this and almost got myself in deep water.  Here is what happened:

I can't go into too much detail but basically a lot of what I was selling had logos of popular nerd culture icons.  I was under the (FALSE) impression that if it is hand made, then you are not violating copyright law. (VERY FALSE)  So I was knocking these leather goods out and making a (VERY) small amount of money in the process.  Long story short, one of the companies that owned the copyright to one of the designs I was "borrowing" sent a cease and desist.  Once I knew I was in the wrong I immediately halted all sale of copyrighted material and prayed that was the end of it.  Apparently it was, as that was the last I heard of it.  So lesson learned.

Now custom work is another story.  If someone contacts you and wants you to put a design of copyrighted material on their custom item, that is territory I'm not familiar with.  So again, if this happens, seek out a copyright lawyer.  If I find out a definitive answer then I will update this post.

Well I wanted to get something on here since there has been such a long time since I have posted anything.  I hope this was informative and as always, drop me a line.

Happy crafting!