Some quotes do not require copyright permission. This can be because:

• they did not result from sufficient skill and effort, or

• the copyright has expired.

A quote is more likely to require copyright permission if:

• it is taken from a longer work (e.g. a poem or song or novel), and

• it resulted from skill and effort.

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Generally, you will need express or implied permission to copy someone else’s work even if you are making changes or additions to it (such as changing the colours). If you can put two works side by side and still identify important parts which have been copied, it is likely that you need permission.

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You generally do not need permission if you do not copy – for example, if you make a collage from photographs cut from magazines, or if you mount postcards on trays or teapot stands, you will not need permission from the copyright owner. Similarly, you do not need copyright permission to make things from fabric which contains pictures or designs (for example, cloth with Harry Potter printed on it).

You may, however, need permission if you subsequently wish to photograph or sketch the craft item containing the image (for example, in a catalogue). Generally, you will need permission from any copyright owner whose work you wish to substantially reproduce in the photo or sketch. In some commercial contexts, you may also need advice from a solicitor in private practice as to whether your use of images or logos gives rise to issues under other areas of law.

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Generally, unless the copyright owner has clearly indicated to the contrary, and whether or not you are working from a commercially published pattern, you will need permission to make commercial quantities of someone else’s craft item.

If you are working from a pattern that has been published, the publisher will often be the best point of contact in getting permission. Otherwise, contact the relevant craftsman/designer.

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In many cases, an implied permission to use an ink-pad stamp won’t be limited just to making items for private and domestic use. Check, however, for any express limitations such as “for non-commercial use only” (for example, on the packaging which accompanied the stamp).

Also, it’s unlikely that any implied permission will extend beyond using the stamp itself to decorate items. This means that you will usually need permission if you want to copy the design on the stamp into a printer or into other manufacturing equipment in order to decorate the items you want to sell.

If you need permission, the maker of the stamp will often be the first point of contact.

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You will not generally infringe copyright by selling an item such as a coat hanger made from Bananas in Pyjamas material you purchased, or a play suit or cushion made from material which the manufacturer printed with The Simpsons or The Muppet Show designs.

However, you may need to consider other areas of law if your item looks as if it is authorised merchandise. If this area is of concern to you, you should consult a solicitor with the relevant expertise.

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