Are rubber stamps (or clear stamps - any kind of stamps) copyrighted? They can be, sure. As long as the image on the stamp is sufficiently creative and original, there is nothing stopping it from being protectible. If I take an original drawing and turn it into a rubber stamp, there is nothing about that transformation that changes whether my work is eligible for copyright.
The reason rubber stamps feel different somehow is that, normally, you are not allowed to reproduce copyrighted work without the permission of the creator. But rubber stamps require reproduction to be used as designed. So, even if it is never explicitly stated, stamps come with an implicit license to reproduce any copyrighted artwork that is found on the stamp.
Not all rubber stamps are copyrighted though. The normal rules of copyrightability still apply. Anything that is too simple or is not copyrightable (for example, short phrases) would not be protected by copyright.
For instance, this stamp set likely would not be protected by copyright. The stamps consist only of simple shapes in simple configurations. Copyright law does not extend to such straight forward designs.
However, this stamp set depicts multiple original artworks and creative drawings and would be copyright protected. (With the exception of the stamps with only words. Short phrases are not generally eligible for copyright protection even if they are handwritten in a creative way).
Selling Items Using Copyrighted Stamps
Remember, copyright law is a bundle of rights that can be licensed out separately or not at all. Even though stamps may come with an implicit or explicit license to reproduce the images on the stamps, that that does not mean you can sell the items you make with those stamped images. In other words, the right to reproduce is separate from the right to distribute and you can be prevented from distributing (selling) items which feature copyrighted works.
Luckily, a lot of crafting companies that manufacture supplies such as stamps have "Angel Policies" which spell out the terms of use for their products. Angel Policies are basically just licenses. For instance, the Dylusions stamps featured above are governed by the Ranger Industries Angel Policy found here which details the circumstances under which the stamps may be used in items for sale.
The Takeaway for Crafters
A rubber stamps is no different from any other piece of art in that, if it is sufficiently creative and original, it can be covered by copyright laws. This may mean that you cannot sell items you make using the stamped images. But, you may want to check out whether the stamp maker has an Angel Policy - or a license for crafters - as this may allow the copyrighted works to be used for commercial purposes.
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