Without Copyright Laws, Where Would We Be?

by Tammy Honaman, Author, Jewelry-Making Expert and Educator,
Exclusively for Fire Mountain Gems and Beads®

Copyright is an affordable and practical way to protect yourself and your work from infringement. Copyrights fall under intellectual property laws and are an important protection for all jewelry artists to be aware of.

Copyright Law

Copyright laws protect all types of original creative expression, such as work created by writers, composers, artists and jewelry designers. Copyright law applies as soon as a piece becomes fixed in a tangible form, such as a finished piece of jewelry, sculpture or published work. They do not protect the ideas and concepts the work is based on.

How Do I Protect My Rights?

You are automatically protected once your work is in a tangible form. You can increase your protection by:

  1. Placing the copyright symbol (C), the word copyright, or the abbreviation copr. on the creative work.
  2. Including the full name of the creator and the year of creation.

These measures can prevent others from copying your work without permission and claiming they didn't know the work was covered by copyright.

How Do I File for Copyright Protection?

The best method of protection, however, is to file for copyright protection with the U.S. government. To qualify, the creative work must meet these three criteria:

  1. It must be original.
  2. Be in an acceptable medium, which includes paper, audio or video tape, computer disk, clay or canvas. It cannot just be an idea or verbalized thought.
  3. It must have at least some creativity.

To register a copyright in the United States, submit a completed application form to the U.S. Copyright Office. When registering via paper rather than electronically, the one form jewelry artists will find fits their needs is Form VA. This covers published or unpublished work in the visual arts, including two-dimensional and three-dimensional works. Another form designers may find helpful is Form TX, which covers the registration of published or unpublished non-dramatic literary works, including fiction, nonfiction, poetry, textbooks, reference works and directories.

It’s best to register within three months of the date of publication or creation for the most protection from a legal standpoint. One of the biggest benefits of registering early is it will allow you to file a lawsuit—you cannot file a lawsuit without being registered first.

What if I Have My Work Published by Someone Else?

When distributing your copyrighted work commercially, such as selling it in a store or publishing in a magazine, you typically transfer one or more of your rights to the publisher or other party responsible for getting the work out to the market. It is possible to place limitations on the rights transferred. These terms should be discussed and included in any signed agreements.

Once your work is protected, you'll feel more comfortable sharing it. When you share your work, you'll help enrich the lives of others, fostering further expressions of art and creativity. You can find updated copyright forms, instructions on how to fill them out, and additional copyright resources at copyright.gov. As individual circumstances vary and laws change, consult with a qualified legal professional in your area or country to ensure compliance with any laws governing intellectual property.

Additional Resources ...