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bearlyart

The husband of the artist apparently does not understand what copyright does and does NOT protect.  In this case, does NOT.  Here is is, straight off the U.S. Copyright Office web site (I'm making sure to give them credit for writing this, so I don't commit copyright infringement myself, LOL): 

http://www.copyright.gov/help/faq/faq-p … html#title

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

OK, me again.  So... there is NO WAY that the word Storytime or the name "Storytime whatever-type-of-animal" can be copyrighted.  NO WAY.  It is NOT protected by copyright!  Additionally, the CONCEPT of creating a story about an animal CANNOT BE COPYRIGHTED.  NEVER.  NOT AT ALL.  The most she could do under the law would be to print out each individual story with the pictures, just as though it were a little book, and file a copyright on that.  And that copyright would only protect that exact story.  She would have to repeat for each story.  Frankly, if the husband thinks he's going to sue for copyright infringement against anyone 'violating' those perceived copyrights, the only thing that will happen is he will lose a heck of a lot of money by *losing* a legal battle.

<sigh>
Kelly

bearlyart

Huh, that brought back memories of another thread.  This guy did the same thing to another TT at one point:

http://www.teddy-talk.com/viewtopic.php?id=1615

Sorry you received a nasty email!  You are free to create any animal that you please, of course, and it is up to you if you want to write a story, song or sonnet to go with it.  Nobody owns those rights.

Best wishes,
Kelly

bearlyart

Hi Teresa,

There's a nice little show in Bristol, CT on October 14th.  Here is info on it:
http://www.bruinmischief.com/shows/bris … istol.html

If you wind up going, I'll see you there  bear_original
Kelly

bearlyart

Mindy or Kellie,

Am I remembering correctly that TB&F is accepting submissions from International bear artists for a special article in an upcoming issue, and also that the deadline was pushed to June 1st?  Hey Birgitte, maybe you could get in on that?  My apologies if I'm remembering that incorrectly, but hopefully Mindy or Kellie will correct me if so...

Best wishes,
Kelly

bearlyart

I don't know anything at all about those specific shows... but generally speaking, doll and bears shows that I've seen run at about 90% dolls.  Or more.  And doll buyers rarely seem interested in bears.  But that doesn't mean you won't sell artist bears.  You may sell none, some, or more.  But the same holds true for 100% bear shows as well these days!  I've seen people spend lots of money to fly to a big bear show, pay hundreds for the table, and then not sell a thing.  The best part about local doll & bear shows is that that are close by and almost always cheap to attend.   If you're not used to attending shows as a vendor, you could always look at attending a local doll & bear show as a learning experience to prepare you for serious all-bear shows down the road.

Try asking the show promoters how many bear (and doll) ARTISTS attend those shows.  If the visitors to the show are used to artist prices, they won't suffer life-threatening sticker shock at your table of artist bears.  If you're the only artist in the room however, having $150 bears next to tables full of $1.50 beanie babies isn't going to do you a lot of good.

Best of luck!
Kelly

bearlyart

I forgot... Clarion, IA has a big show once every 5 years.  It takes over the entire town  bear_original   Next one isn't until 2010 though!

I just did a quick search and there seems to be some localized doll & bear shows in IA.  Here's a few, I found them at http://www.jonespublishing.com/jphome/j … lendar.asp, contact info can be found on that site as well.  More local doll & bear shows can be a gamble for bear artists, in my humble opinion, but as the drive is generally short and the price usually cheap, they can be worth a try!

September 10, 2006
Annual Fall Doll-Toy-Bear Show/Sale
Maquoketa, IA      
Event Description
    Over 200 tables of antique, modern and collectible dolls, toys and bears. Dealers from 6 states attending.
      
October 8, 2006
Old Capitol Doll Club of Iowa Doll & Bear Show & Sale
Iowa City, IA 

Nov. 11, 2006
3rd Annual Fall Des Moines Doll, Bear & Toy Sale
Des Moines, IA        
Event Description
    More than 150 tables full of antique, collectible & modern dolls, bears & toys. Also original artist dolls & bears, vintage & modern toys, miniatures, reference books, doll clothes, supplies & patterns, Barbie & friends, Steiff & more. Also features doll a & bear appraisals and on-site doll repair.

Nov. 12, 2006
23rd Annual Wonderland Doll, Toy & Bear Show/Sale
Davenport, IA        
Antique, Modern and Collectible Dolls,Toys, & bears

Best wishes,
Kelly

bearlyart

Hi Tracy,

Schaumburg is a great show that quite a few Teddy Talk members attend (including me).  If it doesn't work out for you to be a vendor this year, how about coming as a visitor?  It's a big show in a great city, there's lots to see and do!

Your best bet would be to contact ABC (Connie and Amber) directly to see if they still have space available, their contact information should be on their site.  Contracts for their shows are usually available something like half a year before the actual show.  They also run a show in Schaumburg in April, if the October one doesn't work out for you.  Be advised that ABC shows are on the expensive side as bear shows go, though it is worth it as they are large multiple day shows that are well advertised, well respected and well run. 

I'm trying to think of other shows in your area.  Good Bears of the World is running a show in Kansas next year (no show this year as there was a change in show promoters).  Valerie Rogers of Bright Star runs a show in Indianapolis, I'm thinking that might not be too bad a drive from Iowa?  In fact, I know she's still looking for vendors because I got an email recently about it.  But it is SOON, it's on June 4th, I don't know if you have enough bears ready at this time.  I'd be there, but I'll be at a show in NJ the same day.  My understanding is that this was probably the last year for the St Louis, MO show as attendance was poor.  And the show that used to run in Kohler, WI is also gone.  I dunno, that may be pretty much it for your area???  There are a fair number of shows in Michigan, Ohio and Kentucky if you can stretch that far.

Hope this helps!
Kelly

bearlyart

Interesting, I wasn't expecting to see a debate on this thread when I checked back in on it bear_original

A couple of thoughts.  As Shelli mentioned, the offer extended here really is a discount off their normal rates.  It is completely in line with the best buys on any co-op advertising offers I have seen.  In fact, I've never seen a lower offer from this magazine or its competitors (I'm sure advertising was cheaper 5 or 10 years ago when I wasn't looking, but wasn't everything cheaper then?). 

Additionally, as far as I know, co-op ads are usually only offered to participants in some of the major shows (TBAI, the Linda Mullins' San Diego show, Schaumburg, etc.).  In this case, the co-op ad offer is open to everyone as long as they're on this board, which is FREE to be a member of as opposed to show vendors who also have to pay to be a part of the show.  That is a bargain in itself.  For any co-op offer I've ever been aware of, the rates are flat regardless of how many people sign up.  Sometimes it's only a couple of people.  Sometimes it's more.  They can't predict participation, especially when they're offering something new like this Teddy Talk ad offer; it only makes sense to have a flat discounted rate that doesn't skew from one issue to the next.  It is also important to note that these magazines DO have competitors, and that there are standards for pricing across the industry.

Advertising isn't for everyone.  Neither is doing something like attending a bear show.  Everyone needs to determine for themselves what outlay they can put into any one venture, the vast majority of bear artists have limits to their bear-spending funds.  If you're worried about covering the cost of the ad with bear sales, make sure to put a bear that's for sale in the ad!  I've heard it recommended to use bears that are part of editions or series in the ad, so you can advertise (and hopefully sell) more than one bear with just the one ad.  Perhaps someone with advertising experience can chip in here, do you find ads generally worth the expense?

Best wishes,
Kelly

bearlyart

Hi Kellie,

I remember talking with you at the April Schaumburg show, and am really glad you followed through with the Teddy Talk co-op idea!  I'll contact you with ad info as well!

bear_thumb
Kelly

bearlyart

Yes, you can absolutely still link to your own web site on your About Me page.  In the link Shantell provided above, click to show Additional Information and it states this.  HOWEVER... my understanding of the About Me page is that while eBay DOES allow linking to your web site from there, they can be picky about HOW you mention it.   Your About Me page should not look like it exists solely to drive people to your web site.  You can mention it, you can link to it, but if you just have a little bit of information on that page that pretty much just tells people to go to your web site, eBay can get fussy about it.  Also be careful not to directly mention something along the lines of "Buy bears from me directly on my web site!", which eBay would consider off-site sales solicitation.  eBay does give the option to include your 'Favorite Links' on your About Me page, you could probably very safely just talk about yourself on the page for a paragraph or two, then make one of your 'Favorite Links' your web site.

As always, of course, eBay rapping people on the knuckles like this is due to somebody reporting you.  eBay itself doesn't monitor that kind of thing.  It is also possible that you were reported and eBay did a knee-jerk reaction to cancel your auction and send you a warning... and it may not have been deserved, as the way you mentioned your site may have been totally in compliance with their regulations.  Try Live Help at eBay, if they made a mistake they should credit the fees for the auction they pulled.

Hope this helps!
Kelly

bearlyart

Hi Bronwen,

I was at a show on Saturday and a few tables away from Bainbridge Bears.  I didn't get a chance to talk to her directly, but she seemed like a very sweet lady.  If I'm remembering her at the right table, she had her elderly mother with her, who was selling hand-knit teddy sweaters.  If you're concerned about this at all and it would put your mind at ease to get a definitive answer, I'd suggest contacting her directly and find out what she thinks about it.  I don't think it's a problem myself, but that's just my two cents....? 

Best wishes,
Kelly

bearlyart

Very sorry to hear about how things have been going for you and your family, Daphne!  Our thoughts are with you, and please remember to take care of you too, on top of everything else.
:hug:

Kelly

bearlyart

Stepping in briefly here, but this reminded me of something.  Has anyone ever looked into whether the 'artists of Teddy Talk' could buy ad space in the big magazines for a discounted rate?  They give discounted rates to other 'grouped' artists, such as those that are attending the same upcoming show.  Why not for this?  I imagine it would give Intercal the opportunity to promote itself on a portion of the page as well, if they chose to do so.

On another note, wasn't it Daphne that tried taking other TT artist's bears with her to a show last year?  How did that go?  Not every show allows artists to share tables, but what about the thought of having a Teddy Talk table featuring bears from around the world & splitting the costs of the show, with a volunteer (or one or more of the artists involved) manning the table?  I imagine it could work like the bear guilds of yesteryear, didn't they used to share tables at shows?  (Not that I've seen it, but thought I remembered hearing about it.)  Thoughts? 

Back to the bears,
Kelly

bearlyart

Unfortunately, a business name can NOT be copyrighted.  You could look into a trademark on the name if you really wanted to, but my understanding is that patents and trademarks are expensive, whereas copyrights are relatively inexpensive.  Incidentally, here's a tip for anyone interested in filing copyrights with the U.S. Copyright Office.  A good way to save money when registering a copyright is to register a COLLECTION of like objects together for one fee.  So if I had 20 bear patterns from 2005 that I wanted to register with the copyright office just for the sake of doing so (making it easier to prove they're mine in court, though they are mine regardless), I could give them a name like "Bear Patterns 2005" and be charged one flat fee instead of submitting 20 different copyright forms and 20 different fees. 

The entire subject of copying is such a slippery slope. I think it's one thing entirely to make an exact replica of someone else's concept or look.  There are individuals who put LOTS of effort into trying to reproduce somebody else's look exactly.  I wish those artists would at least make a point of saying that they are "inspired by so-and-so", instead of trying to pass off someone else's look as their own. 

But there is another side to this.  Designing bears involves chosing from a wide variety of design features available.  Let's face it, almost all of us use features on our bears that SOMEBODY invented at some point as an original concept.  Most of them were introduced long enough ago that attributions have been lost (if credit was ever given to the originator).  But somebody, somewhere came up with turned-down paws, bent legs, double-jointed necks, leather eyelids, trapunto pawpads, needlefelting on mohair, handpainted eyes, puffy cheeks, open flip mouths, armatured limbs... I could go on forever.   

Some people are known for doing a specific interpretation of a feature.  For another person to work with that feature, it does not inherently mean they are copying, or ever had the intent to do so.  Ideally, the same feature could be used by any number of people and be interpreted differently each time.  There are a LOT of different ways one could put eyelids on a bear, for example.  I also think that we need to TRY different things to learn how to improve as artists, no one should be afraid to try a new concept in their work!  Yet the goal should always be to come up with your own interpretation of a feature, not to imitate someone else's. 

All of that having been said, the more common features you share with another artist, the more care you must take to develop your own style.  I've watched artists at shows, individuals who have been a little TOO heavily influenced by another artist's style do tend to be avoided by the collectors.  I think this is one of the big differences between the bear artist world at shows vs. online.  At shows, the collectors do seem to stick with the originators of certain looks and avoid the duplicators.  Online, I see people constantly rewarded for duplication of other people's looks / ideas.  I think it must be a combination of the bargain hunter mindset of places like eBay (hey, I can get that look for less!), or perhaps a result of a broader pool of buyers (not all eBay sales are to die-hard bear collectors with inside knowledge of the industry). 

Well, back to making bears  bear_original
Kelly

bearlyart

leopold.jpgWell, I'm not going to post EVERY bear going with us, as with two artists we're rather well stocked  bear_grin

But as we're making final preparations to head off to to KY (Greater Cincinnati show through Bright Star) for this weekend, I wanted to take the time to do a site update and a little meet and greet with the horde!   Here are some of the bears and buddies that will be going with us...

chilly.jpgjonathan.jpgteddy.jpgsunetra.jpg

Oh my, bears all over the place (and our first red panda!).  We're also tickled pink by our newest introduction, as we've been wanting to bring my mother's fine art skills into the business more.  Her teddy bear paper dolls will be making their introduction at this show as well, and we're hoping they are well received!  When she was a young girl her family was very poor and she had to make her own toys, one of the things she liked to make for herself  was paper dolls.  So she says it's been 50 years since she last made them but I think they turned out really, really cute (and I'm only a little biased because it's my mom!)
bear_wub

clowningaround.jpg

happyeaster1.jpghappyeaster2.jpg

Bear hugs to all,
Kelly

bearlyart

I'd heard that this story had really taken off and gotten national attention... I realized it was going international this morning when my relatives in Canada sent me a link!  So I thought I'd post it here to share with those of you who haven't seen it.  The story is from Greece, NY, a town on the NW side of Rochester.  I lived in Greece for 3 years recently (up until finances forced me to move back across town), but Greece was just a lovely place to be.  It is a larger town with a small town feel.  People wave and smile when you drive down the street.  Kids play outside, happy and cared for.  Toddlers say 'please' and 'thank you'.  People in heavy traffic will stop across four lanes to let one car with an elderly couple make a left turn.  Women in stores will try to give you their coupon if they think that you like something better than they do.  Greece is mostly a 'blue collar' working class neighborhood, and there just is no other town that I've run into in the world with the same feel. The town I live in now is the polar opposite... kids get drunk and never knew how to play like children, but they do know more profanity at age 4 than I did at 24.  People would sooner run you down than look at you around here.  So I visit Greece when the rest of the world gets me down.  Now onto why I posted... here is a link to a special story from Greece.  It is about a special ed high school student, but I'll let the video tell the rest of the story.

http://video.google.com/videoplay?docid … q=autistic

Bear hugs,
Kelly

Oh, I forgot to add in my original post that the Greece team went on to win the section V championships!  I understand they were selling J-Mac tshirts for charity and sold out before the game even started!
http://www.rnews.com/print.cfm?id=35555

bearlyart

Debbie, that was the reaction I had when I opened the box!  Oh look at THAT and THAT and HEY look at that!  It took me a minute to realize Lynn had made the pendant, and the bear head on it looks just like Louie! 
bear_wub

I have this photo on my computer as the desktop image now, this is way too much fun  bear_thumb
Kelly

bearlyart

Atta girl  bear_grin I have had a few of those heart-pounding adrenaline-pumping last-fraction-of-a-second snipes as well, it has been known to leave me face down on the desk.  But happy.  (If I won.)
bear_laugh

Kelly

bearlyart

Oh boy, have I been behind on everything lately!  bear_wacko

My swap bear finally got shipped today, woohoo!  Poor Lynn has been so patient, but I promise that her new bear is officially on its way.  While I was taking pictures of a bunch of bears today, I just had to photograph my little artist bear collection, complete with its newest addition!  The white bear with the bird on his paw is the swap bear I received from Lynn and I am in LOVE! 
bear_wub   bear_wub   bear_wub

He told me his name is Louie, but he's such a sweetheart that I just had to call him Sweet Louie.  Here he is snuggling up with Berta's little Gingerbread bear and Laura Lynn's Briar Bunny.  I think if I want a larger artist bear collection I'll have to swap more, LOL!  Thank you again Lynn, I can only hope you like your new bear anywhere near as much as I like mine!  I've never swapped before, I must say it's nerve wracking waiting to see if your swap partner likes the bear you sent  bear_original

Bear hugs,
Kelly


buddies.jpg

bearlyart

Hey, I think I have another half yard of that brown synthetic if you need it for all those orders  bear_grin

Lucky little girl to get both original bunnies! 
Cheers,
Kelly

bearlyart

Hi Deb,

Academic and commercial versions are usually the exact same product.  Sometimes there are restrictions such as 'no upgrade pricing' or 'no technical support' with an academic version.  But the big difference is that any academic version of software is technically intended only for teachers and students, and usually specifies "educational use only".  The catch there is that it is only supposed to be used for learning, while commercial use of the product tends to be prohibited.  I checked Macromedia's site (the maker of Dreamweaver), here is their info on the subject:

http://www.macromedia.com/resources/education/store/

Hope this helps?
Kelly

bearlyart

Daphne, those bunnies are gorgeous!  What a fun duo, I can't imagine how they could choose one over the other.  Tell them to change the movie to Mimzies.
bear_grin

Kelly

bearlyart

Oh Daphne, glad to hear your Dad is OK despite the scare!  You've been having a rough week too, take care of yourself!
:hug:

Kelly

bearlyart

Kinda sounds like this group is hard to work with no matter WHAT they want, doll, bunny, whatever.  Too bad you don't know the dollmaker mentioned, sounds like she could empathize with the entire situation.  See now, if this were me and knowing my luck, I'd kill myself making the bunnies, hand them in and then they'd say "Sorry, we've decided Mimzy needs to be a ROBOT!"  We'll just hope that your luck is better than mine!
bear_rolleyes

And while I strongly suspect that your bunnies are gorgeous and just what they were looking for... if you're really worried about this little minute detail or that differing from the image they provided, remind yourself that they are going to expect some artistic license on the actual product anyway!  If they didn't want an artist's interpretation of their design, they would have used a computer-generated bunny in the movie.

And when this is over, we all promise not to mention bunnies around you ever again  bear_flower
Hugs,
Kelly

bearlyart

You're too closely involved with the little ones to be a fair judge, something tells me they're lovely  bear_original

Hang in there!
Kelly

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