Patterns in craft books.

'Is it legal', 'can I do this' type questions and discussions.
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indri
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Patterns in craft books.

Post by indri » Tue Jun 22, 2010 2:59 pm

I know the instructions for the patterns themselves in craft books are protected under copyright, but what about the finished article? ie once you have created the item in the project then how is this affected by copyright? Could you then sell your item at a craft fair or online for instance? I've seen cards for sale that have used patterns from craft books to get the final picture on the card using a craft called quilling.

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AndyJ
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Post by AndyJ » Tue Jun 22, 2010 6:55 pm

I'm not familiar with the craft books you mention, but assuming that they are merely books of patterns and some instruuctions on how to make up the garment or other item, there should be no problem about copyright. Clearly the books are intended for you to make the item and that implies permision to use their pattern, just as buying a newspaper implies permission to read it and then give to someone else if you wish. By making up the garment or quilt you are adding sufficient craftsmanship to make the finished article 'your' work. A test case in 2001 (Vermaat and Powell v Boncrest Ltd) defined a crafteman as a person who made something in a skillful way and who took justified pride in his workmanship. This is as opposed to something which is made in an industrial process.
You do not need to own or even claim copyright in something in order to sell it, and since it would seem there is no infringement of the original design, you should be OK. If they are well produced, I would expect the craft books to carry some sort of declaration about copyright. Compare this situation to the end user licensing agreements (EULAs) which accompany a lot of software products and which restrict what can be done with the product after purchase.
There is a separate Intellectual Property Right for designs. Although covered in the same piece of legislation, the way the law on registered designs works is quite separate from Copyright. In simple terms a design (unlike copyright) needs to be registered in order to be protected, and to qualify, a registerable design needs to embody sufficient novelty and originality to set it apart from designs of similar items. So for instance certain tartans are registered designs because the patterns and colours used are distinct from one another. But I suspect that a quilt pattern would not qualify because much would depend on the actual pieces of fabric chosen to incorporate into the quilt, and this would be determined by the maker from what was available, and not by the designer or writer of the craft book.
However, if you are in any doubt about where you stand, you should contact the publisher of the craft books for clarification.

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CopyrightAid
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Post by CopyrightAid » Wed Jun 23, 2010 6:13 am

As AndyJ says, I would check with the publisher of the craft books for clarification on this.

Whilst it is true that the manufactured item is a separate 'work' to the pattern on the page, it is still a reproduction of sorts (and the CD&P Act does say that in relation to infringement of copyright by copying 'Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.').

This is not an area I am familiar with, but if you buy a pattern book, I suspect that if a design right exists you may only be entitled to use the patterns to make the item for your own personal use. Simply assuming that it is OK because others seem to get away with it can be a dangerous assumption to start a business on as a lot of infringements you see may simply be too 'low level' to be detected or worth pursuing by rights owners.

Just like copyright, design rights are protected automatically under law (without registration) - so just because it is not a 'registered design' does not mean it is not protected - see this page on the IPO's website for more information.
Unlike copyright, design rights do not last that long - up to 15 years in the case of unregistered designs and up to 25 for a registered design.

Sounds like both AndyJ and myself are not comfortable with this area.
I would urge you to seek clarification from the publishers (or a legal professional with more insight into this subject). Or it may simply be that the publication itself includes a suitable licence/explanation. If you do get an answer, please do let us know as it may help future visitors to the forums.

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Post by indri » Wed Jun 23, 2010 8:08 am

Thanks for the replies. I'm a mod on another forum and one of the members was using stuff I'd recognised, but thought I'd see what was thought here first before mentioning it there and making a fool of myself. I'll have to dig out my copy of the book I know she's used and see what it says in the front cover and when it was published. Although my copy is in excellent condition I've probably had it longer than I realise! I'll certainly let you know if I get more clarification on this.

Personally I assumed that the patterns once made were for personal use and giving away to friends as presents, I always assume to be on the more cautious side with published patterns. But od course these are only assumptions.

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Post by AndyJ » Wed Jun 23, 2010 11:17 am

CopyrightAid wrote:
Just like copyright, design rights are protected automatically under law (without registration) - so just because it is not a 'registered design' does not mean it is not protected - see this page on the IPO's website for more information.
Unlike copyright, design rights do not last that long - up to 15 years in the case of unregistered designs and up to 25 for a registered design.
CopyrightAid, Thanks for clarifying that point. I left out the bit about unregistered designs because a. to qualify, they still require the same degree of novelty and distinctness from previous designs of the same type of object, as with registered designs, and b. beause it is notoriously difficult to prove infringement, since there is a defence that the alleged infringing design was independently arrived at, and it is then up to the claimant to prove that the respondent had had access to the unregistered design in order to copy it. This is particularly difficult with commonplace items like clothing etc. Also it is worth noting this bit from the IPO site: http://www.ipo.gov.uk/types/design/d-ab ... ualify.htm concerning textiles.
I rather missed the OP's point that this was a quilt embellishment on a card, rather than a quilt one might make for a bed. To that extent that there could be sufficient originality in the design in the craftbook, and not enough additional input from the person who makes the card, this may be more contentious than I supposed. I hope I haven't misled the OP.

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Post by Sammickk » Tue Nov 29, 2016 12:08 pm

My question is Australia related that if a quilt cover company allows that you can can sell their quilt covers then I think we do not need to any further registration???
Buy online Doona Covers of top brands of Australia.

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Post by AndyJ » Wed Nov 30, 2016 9:27 am

Hi Sammickk

I am not entirely clear about what you are asking. Under Australian law (which is fairly similar to UK law in this respect) copyright is not subject to registration. If you are referring to design right which I mentioned in an earlier posting, then registration would not apply to something you made using someone else's design, even if you had permission to make the object. Selling a product made to someone else's design may well go beyond the terms of any licence which permits you to make it for your own personal use.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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