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Copyright Laws

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Copyright Laws

Post by Lauren (Administrator) on 2011-07-12, 03:53

Hi everyone,

I have had a few enquiries regarding copyright and the use of other peoples designs and patterns. I have done some research and thought I would include a few points here to help clarify. I have obtained this information from the Australian Copyright Council. Most foreign copyright owners are protected in Australia and Australian copyright owners are protected in most other countries because of international treaties such as the Berne Convention.

Key Points:
* Copyright protection is free and applies automatically when work is created
* There is no registration system for copyright in Australia
* Copyright does not protect ideas, information, styles or techniques
* Copyright does not protect names, titles or slogans
* Generally, you will need permission to reproduce a craft work or a design or pattern for a craft work, though you will generally be able to rely on an implied licence to make up a craft item from a pattern.

What is protected by copyright?
Craft works
A craft work is usually protected if it is handmade and its maker or designer intended it to be "artistic" rather than purely functional.

Diagrams and Patterns
Templates and drawings of the shapes to make into a craft item (piece of clothing, soft toy etc). These designs may be purchased as part of a kit or published in a book.

Instructions
The written instructions for making a craft item may be protected by copyright as a "literary work". Copyright may be infringed if these instructions are copied (eg photocopied). However, copyright in instructions is not infringed merely by making something following these instructions.

Copyright protection is automatic
Copyright protection is free and automatic. There is no system of registration in Australia. You do not need to use the copyright symbol to ensure that it is protected by copyright but it does remind people that the work may be protected.

Who owns copyright
Copyright in a work is owned by the person who creates it.

Infringement of copyright
Copyright in an artistic work will be infringed if someone reproduces it without the copyright owner's permission. Copyright in a two-dimensional work may be infringed by making a three-dimensional version - eg by making a toy from design drawings. Similarly, copyright in a three-dimensional work may be infringed by making a two-dimensional version - eg by taking a photograph of the work.

Copyright may also be infringed if you reproduce a part of a work or if you make changes to the work.

When do you need permission from a copyright owner?
Permission will usually be needed to:
* make a craft work which is a copy of another person's craft work; or
* make a craft work incorporating another person's design, stamp or pattern.

When is permission implied?
In some cases, there may be an express statement in a craft book or magazine which says that you may make up the items and patterns shown. Sometimes, this permission might be limited - for example, where the statement refers only to non-commercial or personal uses.

In other cases, a permission to copy a craft item may be implied. For example, you will usually have implied permission to make a craft item where you have bought or otherwise acquired a pattern or design in a kit or from a craft book or craft magazine.

However, unless accompanied by a pattern, instructions or an invitation to do so, there is unlikely to be any implied permission to copy a craft item merely because a photo of it is published in a book, magazine or exhibition catalogue.

How to get permission?
Contact the publisher of the book or magazine in which the item or pattern appeared.

I hope this helps!

Lauren
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Re: Copyright Laws

Post by Quill Me on 2011-07-13, 02:26

Lauren,
Thank you for all your research into this topical topic Smile

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Re: Copyright Laws

Post by toye on 2011-07-13, 16:41

Hi Lauren
Thank you for this most important information, it is very important to know the ins and out of such protection on other people designes.
toye great job
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Re: Copyright Laws

Post by KrazeeLdy on 2011-07-13, 18:56

Thanks Lauren! Very Happy You said it much better than I did!

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