You do not need permission from a copyright owner to buy, lend or borrow templates, patterns, kits and so on. This is because copyright law does not give copyright owners the right to control such uses of items in which they own copyright.
Generally, anyone borrowing or otherwise acquiring the item is likely to have the same right to use the item as the person from whom they acquired it.
This situation often arises in relation to group projects such as the creation of mosaics, tapestries and sculptures. If there was a single designer for the project, and the other participants were directed entirely by him or her, the designer will be the first owner of copyright in the underlying design (subject to any agreement to the contrary).
If one person created a design or drawing on which the work was based, but took no further part in it, that person will own copyright in the original drawing but also has rights in the work, to the extent that the work reproduces the original drawing.
However, where that design is then realised as a result of the skills of the other participants, for example the mosaicists, tapestry makers, carvers or metalworkers, the copyright in the finished item is likely to be owned by the relevant craftspeople (subject to the designer’s underlying rights). If several people were involved in designing the work, the position may be more complex.
If the work was created as a fully collaborative work, it is possible that all the collaborators are joint owners of the copyright; or that each of them owns copyright in the part for which they were responsible.
You will only have to prove that you own copyright if your claim to copyright is disputed in court. If you own copyright because you are the artist, you could prove this by calling witnesses who know that you created the material and by producing your original sketches, working drawings and so forth. Generally, however, your own statement will be sufficient.
Copyright law does not protect styles or techniques. However, if another artist’s use of your distinctive style means that people confuse that artist with you, you may be able to take legal action under the law of “passing off”, consumer protection legislation or trade practices legislation. You will generally need to get advice from a lawyer with expertise in these areas of law.
Generally, no. A person who had purchased a limited edition work from you might be able to take legal action against you if you were to make more copies later—for example, for breach of contract, fraud, or breach of consumer protection laws.
As noted above, a freelance artist or designer is usually the first owner of copyright. Generally, the client will have the right to use the design for the purpose for which it was commissioned. It is a good idea to have a written agreement which sets out the client’s rights. For further information, see our information sheets Assigning and licensing rights and Graphic designers. If a drawing represents the pattern, ornamentation or shape of a functional article (such as a chair), it may be registrable as a design under the Designs Act The client may be entitled to register the drawing as a design, but will generally need the designer’s consent to do so. Note that your copyright rights may be limited by the Designs Act.