[difalkner]

It wouldn't be a patent infringement, Rick, but likely a trademark infringement. Someone can commission you to build an item with the Harley Davidson or Edmonton Oilers logo and you can build that for them royalty free. You can build a hundred of them and give to friends and family if you want. But if you decide to build more and market them for sale then you'll have to pay the piper.

Basically you can - patent a design, machine, or product, etc.; trademark a word, phrase, style, or design that identifies or separates your product from others; and copyright an original artistic endeavor (song, woodworking art, painting, etc.).

Each has its own lifespan, as well. In general a copyright for the original idea holder lasts until his/her death plus 70 years. A patent is 15-17 years depending on the type and who you talk to. A trademark is generally indefinite. Obviously there are exceptions and additions to this and qualifying conditions but this is a fair rule of thumb (for US items, that is, not international - whole different ball game).

I didn't research this so if I'm off a bit I'm sure someone will let me know but this is the general knowledge I try to keep in mind. And likewise there are volumes of this on the Internet but if you need to take advantage of most of this you'll be working with an attorney anyway.

David

 

[difalkner]

And to take it a step further, the moment you create your special design it is yours and yours alone. This is important in the marketplace for sites like Etsy, that truly honors the copyright owner, if you design and build something to sell on Etsy and subsequently see your work being recreated by others then Etsy will pull the item off the other seller's store or shut them down completely until it is resolved. If you post the copyright sign on your photos and in your write up then you have an even stronger case in your favor. If you take it a step further and register your design with the US Copyright office then you have real teeth in your effort and gaining a judgment on your behalf and in your favor is far easier, should it become necessary.

This goes for all marketplace efforts, not just Etsy, but Etsy is one that truly enforces this and supports originality. Now you can't copyright a modification of a cutting board, let's say, if you see one you like and just exchange Pecan for Cherry and then try and call it original. But if you create a cutting board with a unique inlay or feature that you've never seen before and you are certain it is your original idea then you can copyright that.

I have yet to open our Etsy shop but when I do there are several designs of items I know are my original ideas and those are marked with the copyright symbol and spelled out in the description. It would be nice to have the problem of something being so good in design and creation that others want to copy your work but that may be a lofty goal - LOL!

David

 

[difalkner]

Great info, Scott. What are you making that allows you to bill that much in a month? My woodworking frequently involves a lot of detail work on one-offs and commission work and some of it commands a higher price but quantity is low; I'm billing 1/10 that on an average month but I probably stay just as busy with nights and weekends. Granted, I'm just getting started and have only just begun to do any marketing although I too have been in sales/marketing for 25+ years so I know how important that is. But we don't have a store front and have yet to kick off our Etsy shop so most of my work is for a couple of shops and people in town.

Thanks!
David

 

[difalkner]

Thanks so much, Scott. Those are markets I have yet to explore though I've thought of going after some locally and regionally here in the Ark-LA-Tex. We don't have the range of Bed & Breakfast locations here like y'all do but that doesn't mean I can't find other avenues for sales. Of course, our 2x4 CNC won't let us do near the size of signs and projects you can but I've managed to keep it busy enough - just need to find more.

David

 

[difalkner]

Hey Rick,

So sorry to hear that happened but if you'll recall, that very thing happened to me two years ago. The technology company I worked for pulled up stakes and left Louisiana. Now, I could have moved to Mississippi or Alabama to one of the corporate offices and kept on plugging away but I didn't want to do that. So Sandy and I decided that we'd do a few years early what we had planned when I hit 65 (still not there) and that was for me to do woodworking out of our house. I just really didn't want to go find another technology job for a few years.

We built the CNC, I started drumming up business, and I'm staying pretty busy. This year I'll do some serious marketing and sales just like I did for 25+ years in the technology sector. Tom's advice is spot on and we're eager to grow our little slice of the pie here in our area.

If there's any way I can help just give me a call - we haven't talked in a while anyway.

David

 

[difalkner]

Curious... how does one send a private message since the system changed for the "better"?

Click on your avatar in the top right and choose Conversations.

David