Crafters, if you copy someone's design that you've seen online you're not just a CF, you're a thief.

[ThingsBeingVarious]

I have a small, successful craft business and mostly sell online, which means there are loads of photographs of my work for anyone to see. Yet again I've just been made aware of someone copying my original design and selling the product - she probably thinks it's okay because she's raising money for her local charity. And sometimes my 'followers' and customers will send me a photo of the copy they've made saying I've 'inspired them'.

I know people often say imitation is the sincerest form of flattery but it really fucks me off. People should think up their own designs, not scroll through Pinterest or Etsy or wherever looking for ideas to nick. Or if they haven't got any original ideas they can BUY patterns from other crafter's.

Copyright doesn't apply for anyone who makes a copy for their own private purposes - for their own wall for example

The only copiers who are acting illegally are those who profit from it

OP I think I appreciate your position and I would like to comment with a cautionary tale of a very amateur crafter showing why it is worth paying someone like you for a good pattern...

For a couple of weekends I have been making ten little cotton bags for kids which will be given as party bags with a few goodies in them. I've also made a D&D dice bag with internal sections in it. For these I bought three different patterns from Etsy for about £2 each. The D&D pattern was really easy to follow as it had step by step instructions written on the pages. The other two were just the printed pattern pieces and the instructions were on a YouTube link. One was a simple messenger bag with a large flap over, the other involved a zip and a loop tag in a side seam.

Now, I cannot hold verbal instructions in my head for any time at all. I didn't set up my sewing space to have a laptop there as a tutorial that I'd have to play and pause through. So, for the five messenger bag I got away with guessing at the order of construction. It's not something I'd sell at a craft market but as a freebie for a 9 year old it's perfectly robust and it'll do. The other five were the zip one, and oh boy did I wish I'd had written step by step instructions. I had to take my first attempt apart twice, I didn't put the zip in at the right stage, I've not been able to press out the seams, I've ended up hand finishing them which has taken far longer than all the other stages put together.

Paying a couple of quid more for a full-instructions well thought out pattern that works reliably is my lesson here. I'll probably still rate the patterns with YouTube tutorials at a 4, because they're sound just not the style of instructions that work for me. But I will look more carefully at descriptions in future to ensure I'm getting step by steps.

I agree with you OP - it is really annoying to see your ideas copied. I ran up some clothes for my DC when they were really little using vintage towelling only for a friend of mine who was a designer to rip off the idea for the major brand she worked for. My clothes were no longer in any way unique.....

A friend of mine sold craft kits using recycled fabrics and got a warning letter from a major brand as one of her kits used some of their fabric in amongst a range of others. (bit like patchwork). I had a wry smile at that one as I own a 1930s vintage sugar bowl that has the exact same pattern as a fabric in that brands range so no way was that an original design....

Lots of misunderstandings about copyright on this thread. As someone who works in copyright I can tell you that if you copy someone else’s original work then yes you are in breach of the rules and there is always “something they can do about it”. There are two main sets of rights in copyright- the right to make money and the right to be identified as the creator. It makes no difference whether you make money from it or not, although publicly sharing something makes you easier to catch. in copying you are taking away the right of the creator to make money from their work as you are not purchasing the original from the creator. And you’re probably not crediting them either! Fair use does not apply. It’s a defence to be used in court, not blanket permission to do what you want. It means you are allowed to use a PORTION of a copyrighted work as long as the use is fair and reasonable. Unfortunately there is no exact specification as to amount but copying the whole thing is definitely not fair use.

A copyright owner is always within their rights to take action but practically they are not always able to. Those who are old enough will remember recording films from the tv or songs from the radio. This was illegal as it breached copyright - you weren’t buying the DVD if you were recording it from the tv for free. Copyright owners were hardly likely to have the time or resources to track down everyone who did it though. Same with World Book Day. You can copy costumes instead of buying official ones but technically you are still breaking the law. Highly unlikely people are going to sue you ... but they could if they wanted to.

OP - I’m sorry this is happening to you. I’ve had something similar and it sucks. Ignorance of the law is no excuse but one which is often used. If you want to take things further try something like Citizens Advice or the local library (if there is one left). They often have lists of legal professionals who will give you limited free legal advice and may also be able to point towards further sources of help.

And to the poster saying that copyright doesn’t apply if you’re using something for private purposes I can promise you it does. All laws apply whether an action is public or private!

Thank you @CatMum27 What you've outlined is my understanding of copyright, I wish all the CFers scrolling away at home, looking for images of work they can copy rather than put in any creative effort of their own, understood it too.

@CatMum27
So what about the example of a child who traces a picture of a Disney princess and colours it in and puts it on their bedroom wall?
Are they breaking copyright?

I think technically yes?

(I'm not a lawyer though)

@EducatingArti Technically they are but no one would ever go after them for it. As with recording films etc from the tv, copyright holder know it goes on and turn a blind eye. Same with people who do art projects for personal use. Most of copyright (and other) law is arguing over interpretation of the rules. Strictly speaking an unauthorised copy is a breach but it would be pointless to pursue. Although the Disney corporation has been known to be pretty litigious in the past.....

Dh does wood turning as a hobby and sells at craft fairs and quite often people will ask how stuff is made or ask to take photos. He will explain if someone seems genuinely interested but always says no to photos.
The ones that get me are the ones that say "oh Bob could make one of them" aye right course they can. Folk are cf.

Part of the difficulty is that we are all unconsciously influenced by what we see.

I'm a silver jewellery designer and maker. There are a certain number of techniques. Plain bezel rings and basket sets are universal. I make them. Every silversmith I know makes them. Some are tweaked using embellishment plates. They all look like variations on a theme as the plates are commercially available and the number of designs are limited. There is no way to claim copyright on this style. It is universal.

There is a popular design out there at the moment of a circle with some mountains and a sun inside it. I have no idea who first came up with the concept but there are now lots of variations. All different, using different metals in different combinations but clearly based on the same idea. Not technically a copyright infringement but certainly based on one person's work.

I, myself, will sit at my bench, pull out some silver and some stones and let them be what they want to be. Even if I start with a design in mind it will be substantially different at the end from what I may have thought at the start. I do not set out to copy but I can never be sure that someone somewhere hasn't gone through the same thought process either before or after me. I spent this afternoon making silver mushrooms. I hope no one else has come up with the exact same interpretation I have but I don't know, I haven't gone looking.

The problem is I don't know what my subconscious has picked up and retained from the many thousands of mushrooms and mushroom images I've seen over the years! Maybe I am100% original. Maybe I'm not...

Is what you make genuinely vastly different to what others make?

Depending on the craft, so much is fairly standardised… like trinkets made from resin for example- loads of people will buy the same moulds.

I do hand embroidery- I draw my patterns free hand but so many stitches are usual, like edging in blanket stitch, in filling with satin stitch that one person’s black top with red roses will look very similar to someone else’s.

Would this not fall under Section 29 of the CPDA? Or as you have said, would you just argue that defence in court (which it almost certainly wouldn't get to)? I'm genuinely interested because I work in IP law but not in copyright and I find copyright law very complicated!

OP YANBU to be pissed off about people copying your designs

I also hand sew my own clothes sometimes. For example I have a top I love the shape of but I want it in a colour is isn’t sold in, the easiest way is to lie the top on the fabric I want and use it as a pattern… should I be feeling bad for copying m&s? Who, btw were not the first creator of this shape of blouse- I just happened to buy mine from them.

A fellow copyright geek :)

I don’t think the use described would fall under S29 as I don’t think it qualifies as research/private study. I work in higher education so this is the area I tend to deal with most. However, that doesn’t mean someone else couldn’t use it as an argument. As I understand it that is essentially what copyright law is - people arguing over interpretations until something becomes case law which can be used in the future. But that’s probably enough geekery for a Saturday night!

Basically you’re right - it IS complicated once you get past the basics.

If they're not selling them, YABU

@CatMum27 ah interesting, thanks. Yes I find copyright law very subjective and open to interpretation.
In contrast, in UK patent law it's not an infringement to do something which otherwise would infringe but is done privately for non-commercial purposes.
Anyway, as you say, enough of the geekery 😄

I think the real issue that the OP has is less to do with the actual law and more to do with whether they are justified in feeling annoyed that people are openly copying. Imitation is the sincerest form of flattery and all that, but I guess maybe not when it's your business

If you understand copyright law then you'll also know that not all crafted goods fall under it, unless they are considered to be a 'work of artistic craftsmanship'. Without knowing what the OP is actually making we can't say for sure whether that law applies. That would be determined by a court.

And, as the poster above talking about the child's Disney drawing has highlighted, it is highly unlikely that they would consider most cases where the 'art' lives in a person's private home, not for show or sale. Otherwise the courts would probably collapse as it's very common. The child's drawing would also likely fall under one of the many major exceptions to copyright law, teaching, as they're learning to draw.

I was wondering this. I make my kids clothes and buy lots of sewing patterns but I have drafted my own and would be capable. I don’t sell them btw. But I have thought I might I might in the future. There are millions of patterns available to buy in the same style. I don’t think I’ve ever seen one that’s unique. Most patterns say they are for personal use yet no one could ever possibly know whose exact pattern was whose as they are all basically the same and many are quite vintage looking designs which the pattern drafter has probably copied. There really aren’t that many ways to make shorts/shirts/dresses!

I think some makers do get inflated egos. There was another maker I was following on IG that sold her items similar to the sorts of things I make. I think she thought they were truly unique and thought no one else brought the same fabrics as her, and asked people not to ask where she got them as she put a lot of effort in to ‘sourcing’. Most of them were from Liberty or another slightly niche but still very popular store . I once commented on her pic something like ‘lovely choice, I’ve just got some of that fabric it’s so lovely for autumn’. She deleted my comment!

To clarify I had bought the fabric before seeing her picture.

@GeekyThings "Artistic craftsmanship" isn't defined in the legislation but seems to be defined pretty widely in court cases.
Also, of couse you would have to be a bit of a fool to take a case to court if the copied art just lies in the home and isn't a source of profit or reputation. But I don't think the OP is talking about a possible court case.
That's part of the problem, in't it -- that for huge numbers of small-scale creative people who make an income from their work, there is absolutly no chance of taking expensive court action. So they rely on viewers and purchasers of their work understanding and respecting the broad principle of copyright law as set out in statute.
The OP's problem doesn't arise from finer points of the law that would need to be argued in court. It arises from a complete failure on the part of very many people to understand that very broad basic principle: that you must not copy a work of artistic craftsmanship without permission or licence from the copyright holder.

Would there be anything about the age of the person? I mean as they are a minor? Can a minor be sued for this kind of issue?

I think the originality of ideas is tough to prove (to return to the op question) someone somewhere has probably done it before, similar to language. There are words that seemingly should come from the same root, but don't.

False cognates are pairs of words that seem to be cognates because of similar sounds and meaning, but have different etymologies; they can be within the same language or from different languages, even within the same family. For example, the English word dog and the Mbabaram word dog have exactly the same meaning and very similar pronunciations, but by complete coincidence. Likewise, English much and Spanish mucho came by their similar meanings via completely different Proto-Indo-European roots, and same for English have and Spanish haber. This is different from false friends, which are similar-sounding words with different meanings, but which may in fact be etymologically related.

en.m.wikipedia.org/wiki/False_cognate

Partly true but the point I was making is that just because someone is doing something behind closed doors that doesn’t make it legal which is what the original post is implying. It also highlights one of the big issues with copyright in that the official terminology is really unhelpful. There is a lot of talk of non-commercial and educational use which to most people mean one thing but in copyright mean slight different specific things. For example, you mention that a child’s drawing would fall under the exception for teaching but this isn’t true. This exception has defined parameters such as the teaching being delivered to a specific cohort of students on a defined program of study, not just someone using someone else’s work to learn. But as you say, pointless for any action to be taken as it would cause the system to collapse.

I think asking people not to copy something for themselves is taking it a bit far. I used to copy panels from comics and my copies were rubbish because I couldn't draw. Most people who attempt to copy your thing will make a poor facsimile at best and even if they don't they are refining their technique which is a very valid step towards creating something of your own.

Skilled or unskilled craftsmen copying it and selling it however is totally unacceptable

Hi, a couple of questions, please. I can go onto Etsy, type “Sézane earrings “ into the search engine and be taken to any number of small traders. Is this wrong and, if so, why does Etsy seem to actively allow it?
Secondly, if I see a cotton bag on a retail website/shop and I then draft my own pattern and make one (for 1/10th of the price), is this also wrong?
It’s all very confusing especially as shop after shop are filled with remarkably similar items.
Thanks.