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**bustysinclaire** · ‎12-09-2017

Hi all a bit of info sought on copyright laws please.

I have a specific question.

If I were to make and sell oilcloth items with a pattern from a specific designer, lets say for example "Cath Kidson" am I breaking copyright laws?

If you cannot advise perhaps point me in the right direction of links etc so I can read up on it.

I am not thinking of ebay sales, this is to sell items in a craft/gift shop, many thanks.

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cee-dee · ‎12-09-2017

You're on very dodgy ground.

For some things, if they're "in the public domain" anyone can use (copy) them.

Mostly, people have a form of copyright on their items/designs and other things have actually been copyrighted.

It's life Jim, but not as WE know it.
Live long and prosper.

**bustysinclaire** · ‎12-09-2017

Thanks for replying CD.

I am thinking of oilcloth with a pattern (by a designer) that anyone can purchase by the metre to make my own design of items.

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astrologica · ‎12-09-2017

As you are going to make items for sale, then it would probably be against the law. If you have an item that was made by the original designer, it might be worth having a good look at it to see if there is a label, or any wording regarding copyright. Some designers have no objections to their designs or ideas being used by another person to make an item for personal use, but it is a different matter for someone to use those designs or ideas to make something for financial benefit.

i recently did an oil painting that was loosely based on a picture painted by an American artist. I didn't want to keep it, so I donated it to an auction that was going to benefit my local museum, which is struggling for funds. I was a bit worried about the copyright issue, so I e-mailed the artist and told her that the painting was to be auctioned to benefit my local museum, and asked for permission to do so. I was thrilled to receive a very generous , kind and gracious reply saying that we could go ahead with her blessing, and wishing us luck!

It might be possible for you to contact the original designer and ask them to clarify their copyright policy. That would put your mind at rest.

al**bear · ‎13-09-2017

You could just look in an Old Victorian design book and lift a design from there

That looks like what the person You named did anyway

**bustysinclaire** · ‎13-09-2017

Thanks all.

Will have to look into quite a bit I think. Xx

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baybizz · ‎21-09-2017

This thread on the Australian board may be of interest here:

> Yoko Ono forces 'John Lemon' drink to re-brand...

www.community.ebay.com.au/John-Lemon-drink-to-re-brand

right-then-petal · ‎21-09-2017

Petal

**bustysinclaire** · ‎21-09-2017

Peekaboo petal xx

Thanks baybizz, that is very interesting, it does show how you have to be careful and it is best to research before you do try making money out of an idea.

Not sure it is actually answering my particular problem. I'm not wanting to use a name I'm wanting to make items of my design from a fabric with a pattern that is associated with a designer. Or is that the same thing? I dunno. Xx

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cee-dee · ‎21-09-2017

It will depend on a couple of things. 1/ whether the designer sees it or is told about it and 2/ whether he wants to be bothered to do anything about it.

Some people are exceptionally childish over seemingly nothing, take this latest one over the use of a word:-

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-41349809

It's life Jim, but not as WE know it.
Live long and prosper.

**bustysinclaire** · ‎21-09-2017

Hi CD, thanks.

I see your point over that one word, it does seem really childish.

I hope it can be settled amicably but it does make you wonder how far the big name will go if the soap co. is going to fight it. He said he couldn't afford to rebrand so how far can he afford to fight.

I personally think with that example the big name has taken the issue to the extreme and is wrong to expect the word to belong to them.

I'm actually thinking I might just go for it.

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astrologica · ‎23-09-2017

Morning Busty....thinking on your little dilemma, would it be possible for you to e-mail the designer of the fabric you intend to use and ask for permission to use their fabric, but to an item of your own design? If it is a well known designer then it should be easy to find an e-mail address for them. Looking at some of the links and replies you have had, this area is a bit of a minefield!