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Thread: Toothpick Holder

  1. #1
    Join Date
    Dec 2006
    Location
    Goodland, Kansas
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    Toothpick Holder

    Here is the answer to my e-mail from Wood magazine. It is as follows:


    Thank you for the message. WOOD magazine only had publishing rights not design rights to the toothpick holder. The toothpick holder was designed by a non-staff designer. You can't make and sell the holders, however, you can make them and give them away as gifts. See the explanation below:

    Please refer to issue 168, February/March 2006, page 12.

    Most of the projects are designed by our editorial staff; a few, purchased from outside craftsmen. To find out if a project is staff designed, check the names at the end of the article and compare those names with the staff listed in the front of the magazine.

    For staff-designed projects, you can make as many as you like for yourself or as personal gifts. But we put a limit of 25 on these projects if you intend to sell them. This prevents the mass manufacture of our copyrighted projects. Projects designed by non-staff designers can be built only for yourself or as gifts for others. You cannot sell those projects.
    Bernie W.

    Retirement: Thats when you return from work one day
    and say, Hi, Honey, Im home forever.

    To succeed in life, you need three things: a wishbone, a backbone and a funnybone.

  2. #2
    Join Date
    Nov 2006
    Location
    Brentwood, TN
    Posts
    294
    Hi Bern,

    All you have to do is make yours a wee bit different than theirs. A copyright is only good for near exact duplications. Also, to my knowledge and research, there hasn't been a single suit against someone for a copyright violation for a lathe turned project. Additionally, unless they stated their caveat about copyright protection along with the original publication, they haven't a leg to stand on, even a wooden peg leg...
    Member; Society of American Period Furniture Makers

  3. #3
    Join Date
    Jul 2007
    Location
    DSM, IA
    Posts
    5,719
    Quote Originally Posted by Bernie Weishapl View Post
    Please refer to issue 168, February/March 2006, page 12.
    Bernie, I was going to post this today. I found the this reference last night. I agree with Chris on the matter...Does the first published lathed turned bowl artist have the rights to bowls as well??. If so I better get a lawyer.
    A man is rich in proportion to the number of things he can afford to let alone. -Henry David Thoreau
    My Website


  4. #4
    Join Date
    Jul 2007
    Location
    DSM, IA
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    5,719
    I've let this subject stew a little and so......

    :soapbox::soapbox:You know what...I think if I was ever smart/talented enough to get something published in a mag, I would want a disclaimer put in the article stating that I encouraged others to copy, give away, sell, profit from or whatever from the project. I enjoy making things and I'm would be very happy if someone else got enjoyment out of making it too. If they made some money doing it to help them buy that tool/toy they have been wanting, even better. If the ww'r/artist has a copyright already in place, I wouldn't mind, but just because it is published in a mag????

    OK, I'm done now...
    A man is rich in proportion to the number of things he can afford to let alone. -Henry David Thoreau
    My Website


  5. #5
    Join Date
    Feb 2007
    Location
    North West Indiana
    Posts
    6,099
    They surely don't subscribe to the FWW theory of operation then!!!!!! Here it is family, show your project/product/design and then watch out!!!!! Who knows where it will end and how it will look!!!!!!
    Yep, me a Family WW man!!!!!!

  6. #6
    Join Date
    Dec 2006
    Location
    Goodland, Kansas
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    I agree Chris. I just made one for a dear friend of mine of 35 yrs. who happens to be a lawyer. He wanted me to make on to match the salt/peppermill set I made him. He wouldn't accept it without paying me. I told him I couldn't sell them. I showed him what they said. He said heck make the finial a 1/4" longer, do the burnt lines on it, make it longer or shorter, put a bead or cove on it, just any difference and it is not original so I don't see any problem. Anyway not going to worry about it.
    Bernie W.

    Retirement: Thats when you return from work one day
    and say, Hi, Honey, Im home forever.

    To succeed in life, you need three things: a wishbone, a backbone and a funnybone.

  7. #7
    Join Date
    Nov 2007
    Location
    Gilbert, AZ
    Posts
    25
    What if I, not having ever seen the Wood magazine, but see all of the pics that have been posted lately decide that I will make one (or many) just by figuring out what needs to be there? Did I infringe on the copyright?
    Not like I really care, just throwing some coal on the fire.
    >>Enter witty saying here<<

  8. #8
    Join Date
    Nov 2006
    Location
    Kutztown PA
    Posts
    252
    It's real simple. If you don't want people making them, don't show them how to do it. I really get exasperated with these "here is how to do it" articles where they finish up by telling you you can't do it.

    Back in the 90s I made my living from turning pens and making my own boxes for them. I taught hundreds of people how to make the pens, but I would not show them my procedure for the boxes. They were mine. They were what set me apart. Several people threatened to knock me off anyway. I told them to have at it. I knew how long it took me to perfect the production, so I was not worried.

    The point is, if you don't want people doing what you are doing, don't show them how to do it. If you do show them how to do it, you should not be surprised when you see people actually doing it!
    Bill Grumbine

    www.wonderfulwood.com

  9. #9
    Join Date
    Dec 2006
    Location
    Goodland, Kansas
    Posts
    4,834
    Well said Bill. I said the same thing. Put a picture in the book for me to admire. If you don't want me making it then don't show me how because it is human nature to say that is cool, nice or whatever and I think I will make one. I figured if they want to come out here to Kansas and sue me over 9 or 10 of these things then so be it and come on out.
    Bernie W.

    Retirement: Thats when you return from work one day
    and say, Hi, Honey, Im home forever.

    To succeed in life, you need three things: a wishbone, a backbone and a funnybone.

  10. #10
    RANT ON

    I created a toothpick holder similar to the ones I have seen here and other places. I do not know the dimensions, have never read that particular magazine. Can some one come sue me for infringement? Maybe. Do I care...NO!!! Not really. If they are printing how to make them, they should understand some people get offers from people to buy what they see. They can copyright the designs, but not one ever created by hand will ever be the same. If there is even a slight variation in the size it throws the copyright out the window. Even fractions of an inch. It's stupid, to me atleast, that some one would print how to make one and expect no one to make one for profit. Like Bill said, if you don't want it copied, don't teach how to make it! Simple.

    RANT OFF!!

    Oh and I know, no pics it didn't happen. I SOLD! it the day I made it. Have another on the press right now, I'll post when it's done.

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