Know Your Rights:: What Is A Copyright?

This post is very different from most, as it really doesn’t have anything to do with interior decorating or design, and there are no great pictures to look at. But it’s something that I feel is important.

Yesterday I had a very frustrating experience, and I wanted to share it with you. I’m not sharing this simply to vent, but I’m sharing it with you for two reasons:

1) As the author of an interior design blog, I know that probably a large portion of my readers are artists, artisans, craftsmen, sculptors, etc., and as people who create works of art, you need to be aware of your rights; and,

2) As the author of this blog, I feel a sense of responsibility when I recommend or link to other companies, businesses, etc. So if I suspect that one of those businesses or individuals is not conducting their business in an honest, upstanding manner, I feel it is my responsibility to say so.

So with that said, let me share my experience with you…

You may remember a few weeks ago, I wrote a post about a gumball machine that I had purchased on Ebay, that I planned to turn into a fish bowl. The idea was inspired by a photo that I had found on Flickr. I posted the inspiration photo, and linked it back to the original photo on Flickr.

Yesterday, I received a comment on that post from the owner of the original picture, where she said that “there’s a copyright on both the image & the concept, as I make & sell these, personally.” She went on to say, “Here, we have a case of someone using my image & not crediting or linking back to my work, in addition to taking my idea.”

I was very frustrated with the accusation that I had used her photo without linking back, as there was a CLEAR link to her Flickr page, where she gives her contact information for people who want to purchase a gumball fishbowl. In my response, I pointed this out. I also pointed out to her that “As far as your assertion that you hold a copyright “on the concept” and that I am “taking” you idea, I’m afraid that your understanding of the law may be a bit shaky. If you will refer to the U.S. Copyright Office website, http://www.copyright.gov/help/faq/faq-general.html, you will see that “Ideas and discoveries are not protected by the copyright law…”"

After posting my comment on that post, I went to her Flickr page, where she AGAIN claims that she holds a copyright on the design, and that if someone wants one, they need to go through her. Again, I posted a comment stating that she does not have a copyright on the design, as that’s not even possible. No matter what I have said, or what evidence I have given, she has only attacked my character, and made snide comments to me and to others about me–most recently saying to someone else that she “Got a tad preoccupied today by some decorator from Wako who seems to have claws for fingers.” (If you would like to read my comments, and her responses, you can click here, as I have copied and pasted them to the comments section.)

What has frustrated me the most about this is her refusal to back down on the issue that she holds a copyright on an idea or concept, even though the US Copyright Office website clearly states that ideas and concepts are not protected under copyright. So what IS protected under copyright?

According to the US Copyright Office website, “Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.” But keep in mind, the copyright only extends to that one particular work, whether it be a painting, a sculpture, a literary work, or anything else. A copyright DOES NOT extend to the broad category. Therefore, if someone accuses you of “stealing” their idea, or that they have a “copyright on the concept”, you can be assured that they are ignorant of the facts of the law.

Be aware that a copyright is vastly different from a patent, which does protect an idea or invention. If someone claims to have a patent on an idea, they should be able to provide you with a patent number, which is registered with the U.S. Patent & Trademark Office.

Bottom line–KNOW YOUR RIGHTS. Do your research. If you are approached by someone who claims that you’ve stolen their idea, or that their idea is under copyright, DO NOT simply take their word for it.

DISCLAIMER: I am not an attorney, and this post should not be used as legal counsel in any way. I’m simply relaying my own experience, and the information that I found while researching the U.S. Copyright Office website. If you have a particular question regarding your situation, you should contact an attorney who specializes in copyright, trademark, and/or patents.

UPDATE: I forgot to mention that the other day, I reported this person to Flickr for using their site for deceptive business practices, as she refused to remove the statement saying that she held a copyright on those, and that if people wanted one, they should contact her. Evidently they did make her change it, because as of Friday, February 15, the statement now reads “…this image is under copyright. I make & sell these. If you’re interested in one, feel free contact me.” Of course, she couldn’t let it go without one more personal attack, as she ends by saying, “And, A2D, get a life.” Actually, I will rest better now, knowing that this person can no longer intentionally deceive people who visit her site.