| Copyright | |||
| Current page: Useful stuff ~ Copyright | |||
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Introduction What is copyright? Copyrighting your own designs Is it wrong to be inspired by other people's handmade cards? You cannot copyright and idea Using pre-bought items in your card designs It might not infringe copyright but are you 'passing off'? For Personal Use only? Photographing cards for a catalogue or website Could I be sued if I show a coprighted item as part of a card design on my website? Copyright protection for designs, patterns and instructions Angel policies Angel company myth Personal die cutting machines In summary | |||
| Introduction | |||
We have tackled the issue of copyright here as we are asked so often about it. I've tried to cover as many relevant aspects of the subject as possible. You will see that many references are to fact sheets produced by the Australian Copyright Council who produce the best online information that I have found on the subject. This is relevant to the UK under the Berne Convention to which many countries, including the UK, have agreed. The following links regarding the Berne Convention may be useful for reference:- http://www.law.cornell.edu/treaties/berne/overview.html - Overview of the Berne Convention http://www.copyrightaid.co.uk/berne_convention_signatories.htm - List of member countries http://www.cerebalaw.com/berne.htm - Berne Convention in full | |||
| What is copyright? | |||
It would not be fair if a work of art or book could be copied by someone else as that person could then be credited with that work and perhaps make money from the fruits of someone else's labour. Copyright law therefore exists to protect the designer or author of a work so that they have rights to any acclaim or monetary gain to be made from the sale or mere existence of their creation. I'm sure you'd be pretty fed up if you attended a craft fair with cards that you'd spent many evenings toiling over, only to find that the next stallholder turns up with cards practically identical to yours at the next event! Copyright literally means 'the right to copy'. A work is original if it has not been copied from any other work and has resulted from the skill and labours of its creator (www.copyright.org.au/publications/infosheets.htm - Fact sheet G021/Craftworkers (Hobby)). Copyright protects the particular work, not the ideas, information, styles or techniques used to create that work (www.copyright.org.au/publications/infosheets.htm, fact sheet G033/Artworks). | |||
| Copyrighting your own designs | |||
As soon as an original work is created, the creator owns the rights to that work. This means that it may not be copied by anyone else for any purpose whether for their own use or for sale without permission. It is not necessary to display the copyright sign on any work produced for the copyright to exist. It is probably better to do so, however, as showing the symbol enforces the desire of the creator not to have their work copied, ie. it acts as more of a deterrant to prospective copiers. This should be shown by displaying the copyright sign, name and first year of creation, eg. © Sandie Goble 2004. You can do the the copyright sign in Microsoft Word by hitting Alt, Ctrl and c. It is also not necessary to register your work with anyone. If you do nothing, your original creations are yours and no-one else has the right to copy them. There would be no proof, however, that it's your design. A simple way to create proof of ownership of a card design is to put your cherished design into an envelope and send it to yourself in the post. That way it will be postmarked with a date which will help to act as proof that it was your idea before it was someone else's. Remember to write on the back of the envelope which design is inside it and don't open it when it's delivered. | |||
| Is it wrong to be 'inspired' by other people's handmade cards? | |||
It would be a breach of copyright if you copied that lovely handmade/hand-crafted card that you see in a shop and reproduce your own, even if it's for your mum. You can, however, be inspired by that work and go off and produce your own work based on that idea, as an idea cannot be copyrighted. The new work must be different from the original work - if you were to use the same materials and make your card to the same scale as the original, this would be probably be a copyright infringement. If the original card inspired you to make something with different items and materials, that would probably not be a breach of copyright (http://www.copyright.org.au/publications/infosheets.htm - fact sheet G073/Craftworkers (professional), p.4). How closely the second work is able to resemble the original is a point of law that may only be answered on a case by case basis by a specialist solicitor or in court. | |||
| You cannot copyright an idea | |||
If you tell your friend that you have an idea for a card that has a frog in a flowerpot, for example, and then you find that she's gone off and made several 'frog in a flowerpot' cards, that is not a breach of copyright as you cannot copyright an idea. It's only a breach if she sees your finished designs and goes off and produces her own that are almost identical to yours. Morals come into it here though. It's not very nice if someone steals your ideas so play fair! | |||
| Using pre-bought items in your card designs | |||
Copyright law will not prevent anyone using pre-printed material such as wrapping paper, postcards or lengths of cloth in their craft items as no reproduction occurs. For example, you can make collages incorporating items protected by copyright. In the same way, copyright law does not prevent the use of pre-bought embellishments in card designs for sale. If you stop and think about it, this makes sense. Why would someone have a problem with your successful card design if you are buying more of their design for your cards as they are making more money. However, If you use the item without attributing the creator or in a way that prejudices their reputation, you may be infringing their moral rights. Ie. if you use ready made items in your card design, you may occasionally need to acknowledge the creator or manufacturer of that item on the back of the card (http://www.copyright.org.au/publications/infosheets.htm - fact sheet G021/G073). If you do not do this, it will probably be assumed that you, as the designer of the card, have also designed and made the embellishment on it. You can imagine that the designer of the embellishment would not be too happy if they saw your card as they haven't been acknowledged for all the hard work that they put into their creation. Many craft items on the market now are mass produced in China to Chinese design with the intention of shipping as much as possible to the Western market. They have already sold their product and would probably not be bothered by someone making a few cards that include them. If packs are not branded and do not show the copyright sign and contact details, it is probably safe to assume that no acknowledgement is necessary as they are not asserting copyright or inviting contact with them. This may not be the case with branded items - these may well be made in China but have been commissioned to a Westerner's design. It is safer to credit the manufacturer/designer of a branded product when it is clear that copyright is being asserted. The price of the article may be helpful guide too - many more expensive scrapbooking and card making items may have been commissioned in the States to their design although they are made in the Far East. Making reproductions of cards that include a copyrighted article, for example by taking a picture of it for a catalogue or website, may infringe the copyright of the materials you have used in it. For the items on our website that are copyright S. Goble/Mad about Cards, Rebecca Waumsley or Magda Witkiewicz, there is no problem in using these items in your handmade cards for sale and no acknowledgement is necessary on the card itself. We do ask, however, that if any of these items are to be resold on another website, including E-bay, (unaltered or as part of a card design), that the copyright information as shown against the product on our website is shown (eg. Embellishment © R. Waumsley 2006). | |||
| It might not infringe copyright but are you 'passing off'? | |||
In some cases, other areas of law may apply when selling your craft. These areas of law may come into play if the item you are selling contains images or words associated with another person, football team or company. This may be relevant if you want to use Disney images in a way that suggests that you are selling official Disney merchandise (http://www.copyright.org.au/publications/infosheets.htm - fact sheet G021). | |||
| For Personal Use only? | |||
Many licensed products such as Disney, Groovy Chick, Bob the Builder etc. are sold on the basis that they are for personal use only and may be marked as such. For example, you may be able to buy Disney decoupage sheets which would suggest that they are inviting you to cut up the product and make something with it - and indeed they are. However, always read the small print on such items. You will probably see 'For Personal Use only' upon it. Unfortunately, this means just that; you may use the images made on a card for your niece but you may not sell it. This applies to more than just the big names, so always make sure you read the information given on a product before using. Never scan and reproduce a printed sheet - this is a most definitely a breach of copyright (remember - copyright = the right to copy). Because of the nature of printed/bought cards and wrapping paper, it is assumed that they will be for personal use only. This being the case, steer clear of cutting up the big name wrapping paper or printed cards and re-using them. It's probably not a problem, however, to use many other wrapping paper as backings - stick to using 'general' kind of designs such as spots, stripes, flowers etc. that may be common to many wrapping paper manufacturers and particular to none. | |||
| Photographing cards for a catalogue or website | |||
Although it may not infringe copyright to use ready-made articles in cards that are for sale, any reproduction of that article may be a breach of copyright. To photograph or scan your card to show on your website may therefore be a breach. Permission must be sought from the copyright owner, distributor or manufacture of the product if this is your intention. It is unlikely (or completely impossible) that you would get permission to reproduce Disney or other licensed product images on your handmade card website. | |||
| Could I be sued if I show a copyright article as part of a card design on my website or market stall? | |||
In theory, yes. The most likely remediation, however, is that you get asked to remove the offending card or image from sale. It is not likely that further action will be taken once it is removed. | |||
| Copyright protection for designs, patterns and instructions | |||
A design or pattern is also protected by copyright as an artistic work. It is not a breach, however, to make something following the instructions as this would be using the information in the instructions rather than reproducing them (http://www.copyright.org.au/publications/infosheets.htm - fact sheet G073). If you are making something from a pattern, it is often meant as to be limited to personal use only and not for creating multiple items for sale. The pattern will usually contain its own copyright notice but if it doesn't, contact the publisher for permission if you want to sell any work made following their pattern/design. | |||
| Angel policies | |||
An angel policy simply outlines the terms of use of a company's product. It is often used by companies who make products which are a means of making multiple items, eg. rubber stamps and die cut machines, as many images can be produced by a rubber stamp and many die cuts can be produced from a single die and die cut machine. For general guidelines of what constitutes an angel policy amongst rubber stamp manufacturers, most use the following rules: - If using stamps, each project must be hand-stamped individually. - No mechanical reproduction of any sort is allowed. - No scanning, photocopying or printing of items for resale or use - the original item must be used. These are general rules but you should see the policy of each individual company as they may vary. Because they have an angel policy similar to the one above, stamp companies with such guidelines have become known as 'angel companies'. Another website gives this definition of an angel company:- "......... these companies are happy to have you use their products in projects where you plan to sell or exhibit your artwork. All designs are copyrighted by their respective companies. They want you to have a good time, but they also want you to respect their copyrights and the time and money they've spent to bring the designs to the scrapbook and stamping public." (http://www.littlebit.com/angelList/angellistcomplete.htm) | |||
| Angel Company myth | |||
It is not true to say that the products of an angel company are copyright free - remember, an angel policy merely outlines the terms of use of its product. One stamp company uses the following terminology:- "xxxx encourages stampers and artists to use our exquisite images to enhance their own artwork. All we require is that the items not be mechanically reproduced, and the quantities remain under 500 pieces per year, or $1000 worth of merchandise. You must include the phrase "© Copyright xxxx Rubber Stamps 2003. Used with permission." xxxx reserves the right to revoke this policy at any time." | |||
| Personal die cutting machines | |||
Sizzix have an angel policy which reads as follows:- "Although the Sizzix system is not intended or designed for commercial use, you are welcome to use it for limited commercial purposes as long as your projects are limited in use and local in nature. Unless otherwise authorised, Internet sales and any reproductions using our die-cut shapes, in any media, are strictly prohibited." (http://www.sizzix.com/legal.cfm?function=form&content=bodies/angel.html) That is to say that it's fine to sell cards made with Sizzix shapes, or the shapes themselves, at craft fairs and in local shops as this is local and limited. Reproduction on a website either as finished cards or as die cut shapes alone, however, would be prohibited without permission. (Websites that sell Sizzix shapes are probably doing so illegally). NB. Beware of sellers at retail shows (or other retailers) who might try and tell you otherwise to get a sale! When we bought a Sizzix machine at the NEC years ago, the distributor told us that there wasn't a problem selling the shapes on the internet. When we took delivery of the machine and read the small print, we found that this wasn't the case! This isn't an issue any more as we have moved on from using Sizzix and now design our own dies - but just be aware that you may not always be told the truth! | |||
| In summary | |||
One of our most frequently asked questions is 'Can I use your products on my cards if they're for sale?' The answer, quite simply, is yes. An analogy that I have heard is that it's like buying fabric printed with a design that you use to make curtains that you then sell; there is no copyright infringement here. If you copy the design of the fabric, however, and reproduce your own, this is in breach of copyright whether or not you sell the fabric that you have made. Remember to credit sources if you feel it's necessary (most of the time it won't be) and do not copy or reproduce any item to the same design as the original. If you have paid for the item you're using (or someone else has), the designer has rightfully earned their money for the sale of their product so its use is most likely permitted, even as part of something for sale. © Sandie Goble/Mad about Cards Ltd, September 2004. Updated June 2006. If you have any copyright information or stories that might be of interest to others, please forward it to us so we can include it in this document. Please note that we cannot include unsubstantiated claims - please forward a reference with your comment such as a link to a website, an email from a manufacturer or other written evidence that we can research and reference for inclusion. Footnote:- Information contained in this document cannot necessarily be relied on and is for guidance only. Note the use of words such as 'usually', 'generally' and 'probably' throughout this document. Although information has been carefully researched from the references given, some of the information shown here is my opinion only and although I have studied law, I am not a lawyer. Our Customer Services personel are not qualified to give advice or opinions on any copyright issue. If you have any doubts about any area covered here in relation to you and your work, please contact a specialist solicitor; http://www.briffa.com may be able to help. | |||