first time trying to post a photo

[mikefromsundre]

Hello all,
This is my first time trying to post a photo. Last week I submitted a short bio under the new members section.
The photo I have posted is of a Xmas ornament I carved this year. You may recognize it as a pattern from Cyndi Joslin. I modified Santa's hat to look like a water melon. Some fans for my favorite football team carve out watermelons to look like helmets when they attend games. I thought it was a neat idea to create a melon head Santa for all my football fans. Of course we have known for years that even Santa cheers for our team.

I have a question... What is the opinion out there about using other carvers plans or ideas? In the case of the melon head Santa the pattern was printed in a recent Woodcarving Illustrated supplement so I assume in that case it is open for public use. What about selling those items? What about if a person sees someone else's carving and uses the ideas? Last year in Banff I saw a really neat idea for a Santa, which I modified for my ornament carving last year. If the work is kept for personal gifts I still think it is okay. I have not sold any carvings yet, but I am being pressured to sell some -especially the melon head Santa.

[Mitchell]

We had some pretty lengthy discussions on this in the past...I'll see if I can find it for reference.

Question about Copyright Infringements

PS - there's more if you want to use "ethics" in the search function.


If anyone wants to discuss ethics or copyright, please use the thread referenced above and let's keep this thread open for comments on Mike's ornament.

[Claude]

The photo worked well. Cute Santa!

We've had many many many discussions on here about the ethics of using someone else's pattern and then selling the carving. I think you can find most by looking back through the General Carving forum (look for posts with a lot of responses). Having said that, I think you've made enough modification to the original pattern you can carve and sell them. Key caveat: if anyone asks where you got the idea, just tell the truth: it was a pattern of a regular Santa by Cyndi Joslyn that you saw in an issue of WCI and then you modified the pattern. As long as you don't claim someone else's artwork as your own idea, you should be ok. Disclaimer: I'm not a lawyer - just an opinionated old fogey. You could go to a copyright lawyer and spend several hundred dollars (US or CA) and likely get the same opinion, except the lawyers usually start by saying: Well, it depends...

You will probably get several more opinions shortly...

Claude

[vacation212]

very nice carving,thanks for sharing.

[Claude]

Thanks, Mitchell - I looked quickly, but couldn't find the thread.

Claude