The Craft Artist's Legal Guide
Table of Contents
1. Pricing and Selling
The Pricing Dilemma: How Much Do You Charge?
Selling Wholesale
Selling Retail
Selling at Crafts Shows
Selling on Consignment
Custom Orders
Shipping and Delays
Returns and Refunds
Ten Tips for Collecting Past-Due Accounts
Selling and Buying Outside the U.S
2. Your Studio
Working From Home
Finding the Right Space at the Right Price
Studio Safety
3. Going Online
Where Do You Start?
Free Stuff
Invoice Customers and Get Paid Online
Battle of the Community Stores: Etsy vs. eBay
Earn Money With Google Adsense
The (Very) Basics of Driving Traffic to Your Crafts Site
How to Build a Website in 24 Hours
Basic Legal Rules When Going Online
4. Hiring Workers and Sales Reps
Employee vs. Independent Contractor—What’s the Difference?
Ten Tips When Hiring Family Members
Statutory Employees
Firing Workers
Works Made for Hire
When Workers Learn Your Crafts Secrets
Hiring Sales Reps
5. Business Forms & Legal Liability
Personal Liability: What Is It?
The Business Entity as Shield
Sole Proprietorship
Partnership
LLC vs. Corporation—What’s the Difference?
The Cooperative
Other Ways to Limit Liability
The Need for Basic Insurance
Assess and Reduce Your Risks
Product Liability
6. Protecting Appearances With Copyright
How a Copyright Protects You
What Type of Work Qualifies for Copyright
Photographs of Your Crafts Work
Do You Need to Register With the Copyright Office?
Choosing Whether to Register Your Works in Groups
Filing a Copyright Application
Posting a Copyright Notice on Your Work
Getting Permission to Use Someone Else’s Work
Fair Use: When It’s “Fair” for You to Use Pieces of Others’ Works
The First Sale Doctrine: Your Right to Resell Works
The Public Domain: Free Stuff
Using Copyright Assignments
What Rights Does the Customer Acquire When They Buy Your Work?
Infringement of Copyright
The Visual Artists Rights Act: Crafts Works and Fine Arts
Personal/Model Releases
7. Protecting Appearances With Design Patents and Trade Dress
Comparing Design Patents and Copyright
Design Patents: The Bottom Line
How to Get a Design Patent
What Qualifies for a Design Patent
Preparing a Design Patent Application
Are There Other Types of Protection?
Trade Dress
What to Do If Your Work Is Ripped Off
8. Names and Trademarks
Trademark Basics
Collective Marks and Certification Marks
Staying Out of Trouble
Federal Registration
9. Licensing
Crafts Licensing Overview
Merchandise License Agreement
Licensing Worksheet
10. Taxes
Hobby vs. Business—What’s the Difference?
Paying Taxes
Tax Deductions
11. Lawyers, Contracts, and Lawsuits
Hiring Lawyers for Routine Business
Hiring Lawyers for Legal Disputes
Finding the Right Lawyer
Fees and Fee Agreements
Evaluating Your Attorney’s Services
Using Contract Provisions to Avoid Legal Costs and Hassles
Appendix
How to Use the CD-ROM
Installing the Files Onto Your Computer
Using the Word Processing Files to Create Documents
Files on the CD-ROM
Index