Your Crafts Business : A Legal Guide

by Stim, Richard

• ISBN13: 9780873378383
• ISBN10: 0873378385
• Edition: 1st
• Format: Paperback
• Copyright: 2003-01-01
• Publisher: Nolo

Summary

Craftwork is a $13 billion industry in the U.S. - and craft artisans now average $76,000 in gross annual sales. In other words, what was once a quaint home-endeavor has become big business. As the crafts business has grown, so have the legal and business problems. Your Crafts Business helps artisans navigate the world of business with the plain English information they need to succeed. Topics include: copyrights, design patents, trademarks and art, infringements, contract and sales laws, licensing principles and agreements, business basics, and more!

Table of Contents

Introduction
Business Forms: What's Right for Your Crafts Business?
Personal Liability: Can They Take My House?	2	(3)
How Your Business Will Be Taxed	5	(2)
Forming Your Business	7	(10)
The Cooperative	17
Your Workspace
Working From Home	2	(2)
Finding the Right Space at the Right Price	4	(4)
Elements of a Lease	8	(3)
Agreeing on the Rent in a Commercial Lease	11	(2)
Studio Safety	13
Selling: Consignments, Sales, Shows and Collections
Selling on the Wholesale Market	2	(4)
Selling on the Retail Market	6	(5)
Crafts Shows	11	(1)
Selling on Consignment	12	(10)
Custom Orders	22	(3)
Shipping and Delays	25	(2)
Collecting From Customers	27
Go Live: Taking Your Business Online
Planning and Developing Your Site	4	(3)
Hosting Your Site	7	(1)
Choosing Your Domain Name	8	(3)
Setting Up a Sales Site	11	(3)
Posting Policies	14
Employees and Independent Contractors
Employee or Independent Contractor?	2	(6)
Tax Concerns When Hiring Employees	8	(6)
Tax Reporting for Independent Contractors	14	(3)
Firing Workers	17	(3)
Workers' Compensation	20	(5)
Works Made for Hire: When You Pay Someone to Create Works	25	(3)
When Workers Create Patentable Innovations	28	(4)
When Workers Learn Business Secrets	32
Trademarks and Trade Dress
Trademark Basics	2	(6)
Staying out of Trouble	8	(3)
Trade Dress	11	(1)
Trademark Searching	12	(4)
The Federal Registration Process	16
Design Patents
How to Get a Design Patent	2	(1)
What Good a Design Patent Does You	3	(1)
What Qualifies for a Design Patent	4	(11)
Comparing Design Patents and Copyright	15	(3)
Preparing a Design Patent Application	18	(6)
Marking the Design Patent Number	24
Copyright
Getting Copyright Protection Without Registering	3	(1)
How a Copyright Protects You	4	(1)
How Long Your Copyright Lasts	4	(1)
What Type of Work Qualifies for Copyright	4	(2)
How to Obtain the Copyright in a Photograph of Your Crafts Work	6	(1)
Do You Need to Register With the Copyright Office?	7	(1)
How ``Publication'' of Your Artwork Affects Its Registration	7	(2)
Choosing Whether to Register Your Works in Groups	9	(1)
Preparing the Form VA Copyright Application	9	(5)
Including Copies of Your Work With the Registration Application	14	(1)
Sending Your Registration Application	14	(1)
Posting a Copyright Notice on Your Work	15	(1)
Getting Permission to Use Someone Else's Work	15	(2)
When It's Fair for You to Use Pieces of Others' Works	17	(1)
How the First Sale Doctrine Protects Certain Uses of Others' Works	17	(1)
Free Use of Works in the Public Domain	18	(1)
When to Use Copyright Assignments	18	(5)
What Rights the Purchaser of a Crafts Work Acquires	23	(1)
Infringement of Copyright	23	(1)
Preventing the Destruction of Crafts Works	24	(1)
Model Releases	25
Licensing
Crafts Licensing Overview	2	(3)
Analyzing a License Agreement	5	(17)
Licensing Worksheet	22
Sales Representative Agreement
Model Sales Representative Agreement	3	(1)
Explanation for Sales Representative Agreement	3
Lawyers, Lawsuits and Liability
Hiring Lawyers for Routine Business	2	(2)
Hiring Lawyers for Legal Disputes	4	(1)
Finding the Right Lawyer	4	(1)
Fees and Fee Agreements	5	(2)
Evaluating Your Attorney's Services	7	(1)
Firing Your Attorney	7	(2)
Using Contract Provisions to Avoid Legal Costs and Hassles	9	(1)
Carrying Adequate Insurance	10	(2)
What to Do If Your Work Is Ripped Off	12
Taxes
Federal Tax Basics	4	(1)
State Taxes	5	(1)
Introduction to Income Tax Deductions	6	(6)
Business Use of Your Home	12	(3)
Deducting the Cost of Business Assets	15	(5)
Car Expenses	20	(1)
Travel Expenses	21	(3)
Entertainment and Meal Expenses	24	(1)
Health Insurance Deduction	25	(1)
Deducting Start-Up Costs	25	(1)
Self-Employment Taxes	26	(2)
Paying Estimated Tax	28
Appendixes
A How to Use the CD-ROM
A. Installing the Form Files Onto Your Computer	2	(1)
B. Using the Word Processing Files to Create Documents	3	(1)
C. Using U.S. Copyright Office Forms	4	(1)
B Tear-Out Forms
Index