Woodcarver Online Magazine

Brrrr! Suddenly it's snowin' again and, as usual, I don't have any of my carvings done in time for Cristmas. One nice thing about the cold weather coming again... no guilt complex about carving all day while there's yard work to do. Well, at least not this far North. Hope you got your list of carving goodies off to Santa. You have been good, haven't you <G>..

OK, throw another log on the fire and let's look at some Notes From The Net. No, not the carving you think you messed up, another log. Set it aside and step away from the carving. There aren't enough BTUs there and you could save it later.

Good morning, Larry,

I want to thank you for asking about copyright issues. It's a subject that a lot of people just are not aware of...also one that can be confusing. Years ago Wood Magazine offered a pattern for a Santa. Several issues later, because somebody asked about using that pattern to carve Santas for sale, the editors published a statement that went something like this, " If the pattern was one that was generated by the magazine itself, then copies could be made for sale. If it was one submitted by a private individual, then permission from that individual was needed." I believe after that it was clearly stated in the magazine which designs could be carved for sale.

You can never go wrong by asking.

Thanks..

See Marcia's wood carvings
at:

http://whittlinsnwood.com

John brings an observation....

Marcia, I know I'm going to get shot down in flames for this but I'm saying this because I believe. I see copyrighted designs that are based on designs almost 2,000 years old. Pictish, Celtic whatever. For what its worth I'll use the originals, the ones carved on stones over much of Scotland, when and if I choose. Originals? Can any of us in all honest create an original design? I have my doubts. If a triangle is used , a circle a zig zag, then the patterns originality - to me- is iffy.

I recently paid for a book of patterns, only to find they were not geometrically accurate. When I contacted the author she advised me that these were only meant as guides and were made before CAD. I've no problem with that but the time I wasted blaming myself of an error could have been better spent. As a beginner I realise others maybe professionals trying to make a living . In no way am I dismissing the time and skill they need rewarded for.

Rgds
John Archibald
Glenrothes.
Scotland

Ivan had this in part one "Part I" but I left out what he was replying to...

In reading the emails I've come to two firm conclusions: "Everything is original" and "Nothing is original."

Some people define original as "different" and argue that no two things are ever alike, even if you try to make them so, thus, EVERYTHING is original. We've had several writers express that point of view.

On the other hand, God was the originator of everything, and therefore everything is a copy of something and therefore NOTHING is original. We've had several email writers express that view.

It proves one of the curiosities of language: you can frame issues to "prove" opposites.

Yes, but . . .

Trouble is, the "everything is original" argument doesn't work as a defense when Disney threatens a lawsuit over your carving of Mickey Mouse. Hobbyists might do fine with the everything is original philosophy--until they try to sell. Then they should know that there are rules that don't accept that concept.

Nor does the "nothing is original" argument work when artists are trying to protect their right to make a living on their work. "Disney copied God's creation of a mouse, therefore I'm justified in copying Disney." "Every artist copies something" won't work in court either, nor in art shows that demand "original work."

New sellers need a workable understanding of the concept of "original work" that would respect the creations of others and would not get carvers into legal trouble for copying.

A workable definition of "originality" for artists has to lie somewhere between the "nothing is original" and the "everything is original" arguments.

Ivan Whillock Studio
122 NE 1st Avenue
Faribault, MN 55021

Woodbutcher asks....

So what's up ? when I use Your book or Tom Wolf or Who ever and teach others to do that type of carving let say on the lawn chairs or caricatures ???? I use several pictures from differend books and mags. Is this allowed ? or is this wrong ???

Woodbutcher Jan

You are invited to check out my website..
http://www.janscarvingstudio.com

Mush from Maine replies...

Most books have some king of caveat or notice as to how many copies of a pattern may be made "for personal use". Technically, once you reproduce that pattern for use in a class or in any situation that involves making a profit from them, it does constitute a violation.

Jan, how fast can you run? :)

Marcia (aka Mush)

At this point there was a request (plead) to "get back to carving and off laws", Ivan replied sympathetically...

Apologies, guys, but to carvers venturing into selling, this thread can be very important.

Years ago, had I been privy to the thread that just took place, I might have been saved some grief and embarrassment. Unfortunately, I was not given such a "heads up" on copyrights and thus we used some pictures in a cut and paste catalog that we just assumed were OK to use. They weren't. We got sued.

So, whenever someone talks of going into carving on a commercial level, I urge them to get acquainted with the copyright laws. Lawsuits may happen rarely, but they DO happen. Holders of copyrights have the right to protect their property, and so anyone who sells creations that are based on other people's materials should understand that it could have ramifications.

Back then, had we been more aware of copyright law we could have avoided some grief and ill will. Thus, whenever I can, I encourage anyone who wants to sell to become informed to avoid those types of problems.

My advice comes from "been there!"

Ivan Whillock Studio

Bill moderates and defends the importance of the thread...

Ivan:

Thank you for sharing your experience. You have a way with words and a gift of kindness.

I don't think there is a carver around who has not considered the possibility of copyright infringement for some reason or another.

My fears of being sued ended when I started using totally original resources for all my carvings. By this I mean photos that came from my camera, drawings that came from my hand. I was simply so frustrated with using the photos and resources of others with the constant worry and nagging conscience that accompanies it. Even if copyright infringement was not an issue in a particular design, finding a suitable carving/photo resource in the library or on the internet was so frustrating, time consuming and unprofitable that it was easier to take the time to take my own photos and draw my own patterns.

I might sound like a broken record, but allow me to repeat a previous posting or two with the following:
Admittedly, not everyone can learn to draw, but those with enough aptitude would do well to extend their drawing skills so they depend less on the work of others. Digital photography is one of the best tools for those who wish to begin creating their own patterns. Digital photos (enlarged on a color photocopier) coupled with a light table (even a window) allow you can
trace most anything and end up with an accurate line drawing. From there you can compose your carving pattern.

I train my students likewise to use all original resources in their relief carving. So they bring photos and other resources into the studio which we then use to build an original design. If you wish to see some of the results, go to: http://wwwoodcarver.com/StudentCarvings/index.html

Of course, if you do not intend to SELL your carvings, the issue of copyright infringement fades away. But even if that is the case, a poor carving that is original is still better than a great carving that is a copy.

Blessings and Peace,

Bill

Bill Judt
46 Harvard Crescent,
Saskatoon, SK, Canada
S7H3R1
bjudt at sasktel.net

(As for me reproducing the thread here and taking up so much space... what Bill an Ivan said)

Charles Trella gives his take...

This has been a very interesting and enlightening discussion. Thanks for the question and all the wonderful responses. I have a feeling that there are a LOT of carvers out there like myself, who are not particularly "artistic" (or have themselves convinced that they're not because they can't draw well). So we tend to work from patterns of some sort. Some of those are patterns from magazine articles and some are from books.

I have a feeling most of us rarely sell our work, but instead give it away as gifts. When we DO sell it may be an occasional one off. In both of these instances I doubt anyone would object - even though we may be technically stepping over the line of the copyright law. The reality is that the economic loss suffered by the original copyright holder is so negligible that it makes not sense for them to carry out a legal action - though they might ask you to desist. Morally - if you didn't claim the design as your own I don't think you've done anything wrong. Likewise, when a carver steps up to displaying their works (on a website) - as long as they give fair credit for the design and are simply showing it as an example of their "carving" skill or accomplishment - again, no harm no foul. If they DID, however, try to imply or claim the design as their own - then morally (and legally) they are crossing the line. Even though the original copyright holder might not pursue them legally because the damages don't justify it.

Now, when a carvers moves into the realm of selling carvings - especially multiples of a given design, you really ought to write the original copyright holder and get explicit permission to do so. Both morally and legally - even though they STILL might not pursue you due to the legal cost involved. Heck - if you're below the radar and not advertising the work on the web, they very well might not even be aware of your activity. But morally - it's just the right thing to do, and legally - the safe thing to do.

Now Larry raised an interesting point in his last email: "I dearly love to carve caricature animals and wood spirits in canes andwalking sticks. It is very difficult not to carve one which is extremely similar to ones that others have carved."

Using the woodspirit example: yes, there have been SO many versions done, in many instances copies of copies of copies etc, that it can be very difficult to carve one without some serious similarities to the myriads of others. However, as long as you DIDN'T take someone else's EXACT pattern and carve it following their STEP BY STEP instructions so as to be identical (or VERY close to it), I doubt you'd run afoul of copyrights. The woodspirit has become a pretty generic subject matter. Even so - there ARE carvers out there who have developed a very recognizable "style" or look even for this common subject matter. I would point to Shawn Cipa as a prime example. Possibly Greg Wilkerson or Colin Partridge as other examples.

To me, the best way to avoid this and to develop our own "voice" as a carver, would be to take photo's (with permission) of any individuals we come across with strong features that might make a good model for a spirit face. From that photo you can use a photo editing package or hand sketching to create your own unique "pattern" that you CAN claim as your own work and design. You can modify the expression or various details of that face to create your own variations (derivatives) from YOUR pattern rightly claim a copyright to that work. That's what I aspire to for my own work eventually. But for now, like most out there, I am learning from articles and other's examples on the web. So I wouldn't claim any as my own design, nor would I seek to produce them in quantities to sell unless I sought permission.

That's my take on it anyway.
ChuckT

Please take some time and check out the wood carving lists on the Internet. There is a lot of knowledge free for the asking on all of the list serves.

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