Selling carvings

[mwilleson]

Ok, here's a question for you folks that sell carvings.

Let's say your selling common items such as santas. Given that there are so many santas carved, it's not hard to carve a santa that looks similar to someone else, famous carver or not.

So how do you view this when selling in terms of copyrights? Do you take the position that as long as you do not intentially copy someone else it's ok or do you take extra care to guarantee originality or do you just not worry about it.

Same question with a general topic like scandinavian carvings. The flat plane scandinavian horse for example, is pretty basic. One I carve could look like a Harley Refsal, even if I don't "copy" him.

[Mitchell]

Mike,

Here's a link to some previous discussion along the same lines....

http://woodcarvingillustrated.com/fo...ight=copyright

http://woodcarvingillustrated.com/fo...ight=copyright

[Kenny_S]

WOW, A hot topic. Sorry, I ain't touching this one.

[mwilleson]

Thanks Mitchell and sorry eveyone, I almost "revived" the dreaded copyright thread. That was not my intention.

[Mitchell]

That's okay - your question IS a bit different. I linked the previous "Copyright" thread because there may be some useful info in it.

Basically, you should be okay in selling anything you make as long as you aren't mass producing something that someone else designed.

If I want to sell an item that I have tried to copy - a rough out that I've matched close to original, for example - I will make a note on the bottom "Designed by XXXX Carved by MMMM".

[Lynn O. Doughty]

Anybody who teaches seminars and also sells roughouts pretty well gives up any claim to copyright. While I have given demonstrations and do have a blog where I give patterns and explain how I go about doing a piece, I'd never consider actually handing over to someone a roughout of one of my pieces and then also tell them how to go about doing it to where it looked just like mine. I have always encouraged carvers to try and develop their own style. Using roughouts and going to seminars are fine in the beginning when you're still learning. But when you sign your name to a piece or hang out your own shingle you should at least have the integrity to make sure yours looks like yours and not someone elses!

Here's the way I look at it.....If you took one of your pieces and then a figure from any number of carvers no matter what skill level, and put them all together, would your's stand out as being your's? Sure, you would recognize it but how about someone else? When you and others can do that that is what establishes the right to a copyright. I only put the little circled 'c' on a piece when I'm sure that it can clearly be recognized as an original.

I remember seeing a display of carvings done by the different members of the CCA. I told my wife that, if all the names were removed, I would only be able to pick out 3 or 4 that were actually different from the others to the point that I could tell right off who carved them. I won't say which ones for fear of offending someone. If a persons name on the piece is the only thing that clearly establishes who did it then that is an indication, to me at least, that that carver has not really worked at establishing his own style and methods.

If some carver wants to try and copy a figure or scene I've done..Hey! Knock yourself out! However, if it gets too close to the original and I happen to see it they're going to hear from me. I owe that to myself and to the person who might purchase that piece. I came up with the idea, I did the work, therefore it's MINE!

In sum, if you don't carve as a business I really wouldn't worry about the copyright question. I see different renditions of pieces I have done all the time but it doesn't bother me as I know the carver didn't do it with actual "fraud" in mind. They're just trying to learn and that's okay with me.