Can you give me some advice re. copyright?

[Miaou]

I am currently designing a cross-stitch kit based on a picture by an australian artist. However I'm not sure where I stand re. copyright, particularly as I am not reproducing the picture per se, but using it as a starting point. However if I was the artist I would be able to spot the resemblance easily.

I am happy to credit the artist, but to donate even a (small) amount for the use of the picture, or pay a fee upfront, is just not feasible for me.

Having been on the other end of this, someone approached my reseller asking for copyright permission to use a cross-stitch design of mine as a basis for a quilt design, and was given permission without any money changing hands as long as I was credited by name(fine by me).

Any ideas where I would stand, anyone?

[Miaou]

[SoupDragon]

I would imagine that you would still need to get the permission of the artist whether or not a fee is payable. IMO you'd have to ask the artist if they were happy with a simple credit but you would have to ask.

[californiagirl]

It's a "derivative work", and you must ask for permission. One of the fundamental rights of copyright is the right to control what gets made out of your idea. If you ask first, the worst that can happen is that you don't get permission which would be sad, but then you could do something else. If you don't ask, the worst that can happen is that you could be sued, and that would be really unpleasant. Explain your situation and ask really nicely.

Here's a bit on derivative works:

www.answers.com/topic/derivative-work

[Miaou]

Thanks for the feedback - sorry computer has been playing up, wasn't ignoring you!!