To Copyright Or Not To Copyright

Blog post Lucky 13.

Last we “talked", I retired from my 9-5 job. Now what’s next? Surface Pattern design!! I’ve been working on mini collections for the past month. They’ve just been pouring out of me. And I’ve had so much fun doing it!! It seems I’ve found my production flow and my signature style.

I also created a free opt-in and started an email list. All the creative entrepreneurs that I follow advise that these are basic things you should have and do as a creative business owner. So that’s what I’ve spent my first month of retirement doing. It has not been easy or intuitive, but I’ve been able to figure it out. It’s not perfect, but it’s progress!

Mini Collections. When I say mini collection, I emphasize the MINI. It includes a stand alone illustration with two coordinating repeating patterns. I have completed seven mini collections. My plan was to create a portfolio with my new illustrations and patterns, and start pitching to manufacturers for possible licensing deals. As in the manufacturers pay me to use my artwork on their products. I’m aiming for fabric and/or wrapping paper (or other paper goods). [Side note: I’m researching and hoping to find companies who align with my values on sustainability. I know they’re out there!]

Print-on-Demand (POD). The second part of my plan was to post my artwork on “print-on-demand” sites like Spoonflower, Red Bubble, Threadless. Artists upload their artwork to these sites and choose on which products they would like their artwork to be placed. Then those particular products get produced only when a customer places an order. Thus the name “print-on-demand”. This type of business models allows artists to sell products with their artwork on it without having to maintain an inventory. It’s really a win-win for all IMO.

Putting on the brakes. Licensing and print-on-demand are still my plan, but a wrench got thrown into my well oiled plan! Yesterday, during my morning walk, I was listening to Bonnie Christine’s podcast The Creative Professional episode 133 “Protecting Your Work: Copyrights, Trademarks, Patents and Trade Secrets”. This was my takeaway from this podcast episode…. CONFUSION!!… about whether or not I need to copyright my work before creating a portfolio, uploading it to POD sites, or sharing my new work on social media. Copyright exists from the moment your work is created. However, the question is whether or not to register it with the U.S. Copyright Office (copyright.gov). Registering with the Copyright Office gives you legal protections should you ever have to bring forth a lawsuit against someone who copied your work.

I did some quick research. According to the Copyright Office, you can copyright artwork in groups of (up to) ten UNPUBLISHED works under one fee. It’s apparently more economical to copyright in groups of unpublished work than to copyright work that has already been published. If I understand correctly, published work can only be registered one at a time, paying a fee each time you register a published work. But I’m still very confused on this…. I do know that unpublished means work that has not been shared publicly anywhere, including portfolios, social media, and print-on-demand sites.

To add to my confusion (and urgency to share), all the art business gurus say you should share your work… often. On all the socials…. As soon as possible. The more your artwork is seen, the better. Which makes sense. But, I’m feeling stuck… Should I or shouldn’t I share my work now now now??? Or should I wait to register the copyright… Insert silent scream here….

I was prepared for this blog post to be about sharing my latest art, and I was so excited to do so!! But it will have to wait…. Until I decide to register or not to register the copyright… that is the question! The million dollar question. Big sigh.

Stay tuned!

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The Xochimo Signature Style and Production Flow

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Elvis Has Left the Building: The story of my retirement (from my 9-5 job)