Hand Painted Umbrella

ARR you ready for Spring?

The one thing I love about all the rain in Spring is getting to use fun interesting umbrellas.

Last week I thought about trying to make my own with hand painting designs.

I wanted to do something simple for a test- so I'd know if it worked before I tried anything more complicated. On my way to the dollar store to get a cheap umbrella I saw some pirate themed merchandise in a store window and thought a skull and cross bones would make a fun design since black umbrellas are easy to find.

Normally I like a colorful cheery umbrella on gray rainy days (currently I carry a large pink flower umbrella) but was surprised by how much I liked this rakish pirate design. Besides some of you know how much I love Halloween- this could be the perfect solution for rainy October days.

As soon as this was done it stopped raining and has been sunny ever since (not that I'm complaining about this gorgeous weather) so I'm still waiting for rain to test it properly.

But I'm pretty confident it'll stand up to the rain because I stuck it in the shower and let the water run over it for a few minutes. Which was pretty much like an instant monsoon.

Licensing, Copyrights and Crafting

I normally don't post about these types of issues but I felt there are a lot of crafters out there who aren't aware how easy it is to cross a line in regards to copyright laws or how a licensed character can and can't be used.

(I'm also anxious for spring- we've had gorgeous weather this past weekend so I thought it'd pepper this post with some pictures I took last year).

Legal disclaimer- I'm not a lawyer, this information is from my personal and professional experience. If you need specific advice about whether or not you might be breaking copyright laws you should contact a lawyer that specializes in intellectual property, copyright and trademark laws. This post should not be used a legal council.

OK now that the legal mumbo jumbo is out of the way let's start at the beginning:

What is licensed and what does that mean?

Any character, image or brand that someone created, then has given their permission (a license) for someone to use on other products. For example when you see a cartoon character or a sports logo on a shirt that's a licensed shirt. Virtually all the merchandise you see in stores featuring TV characters, music groups, storybook characters and sports teams is licensed product.

Now, why does this matter to crafters?

Because I see a lot of crafters using licensed characters in ways that break copyright laws. If you are using a character, logo, name or image that someone else created on a craft you've made you can't sell those crafts. Not in your Etsy store, at a craft fair or any where else unless you have permission from whoever owns the copyright. If you so sell them without permission you're breaking copyright laws.

Does this mean I can't create a handmade shirt for my daughter with her favorite cartoon character on it?

No, you can make your daughter all the shirts she wants because that's for personal use. What you can't do turn those shirts into your new business and outfit all the kids in your daughters class with handmade shirts featuring their favorite cartoon characters. Personal use is different from commercial use.

So why are these laws in place?

They protect the creator/owner who has the right to say how and where their property is used.

I see crafty items for sale in online store that use other peoples characters and brands all the time and I really think most people don't realize they are doing anything wrong. I've also seen people get really upset when their item listings are pulled because of copyright infringement.

I understand it took time and money to make those items but at the end of the day it's stealing from the person who created that character or brand if you're selling your items without permission.

This may not be a popular statement. And some crafters feel it's a David and Goliath thing- crafters are small and most of the people or companies that own these brands are big, so why should they care. I always try to think of it were my character and I'd be upset if someone decided to use something I created without my permission.

So what should you do if you want to make something using someone else's character.

Ask permission! Contact the person/company that owns what you'd like to use, the worst that can happen is they say No. But that's a heck of a lot better than losing time, money and possible having a legal team sending you letters.

I hope this helps!