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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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.

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Some people think that if they change a certain percentage of a pattern they avoid infringement. However, it is not what is changed that is relevant, but whether or not the part that remains, and that is copied, is an important or distinctive part of the original work.

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Copyright law does not protect styles or techniques. However, if another crafter’s use of your distinctive style means that people confuse that person’s work with yours, you may be able to take legal action under the law of “passing off”, consumer protection legislation or trade practices legislation.

If you are concerned that you may have grounds to take action under these other areas of law, you should consider getting advice from a lawyer with expertise in these areas of law before making accusations that can’t be substantiated.

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People often ask how they prove that a design is their own when there are similarities in most designs. There are stock elements to many designs which are unlikely to be protected by copyright. For example, a design for an average T-shirt would not be protected by copyright. A work must be “original” to be protected by copyright. A court may be asked to determine a dispute about who owns a design when it cannot be resolved by negotiation. The court considers all the evidence, which will include evidence from the designer as to how the design was created and perhaps evidence such as drafts of the design and sketches made at the time the design was created. It is therefore a good idea to keep copies of drafts and working drawings.

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