• Photocopying
• Scanning or Electronic storage
• Making your own version of a chart or design

Popular Characters and Registered Trade Marks

Registered Trade Marks are the property of individuals or companies who have paid for the right of exclusive use.
Registered Trade Marks Include

• Logos or specific forms of writing or printing a name
• Crests or Badges

• Football Badges are Registerd Trade Marks
• Regimental badges Royal Navy Ship crests, RAF badges ans similar militaria are all UK Crown Copyright

We asume that similar restriction would apply to Foreign military or sporting symbols or badges dependant on local law

Design Right

This right is primarily concerened with 3 dimensional objects such as cars, vacuum cleaners, even buildings. Two dimensional objects such as wallpaper do not qualify but are protected under normal copyright. The grey area is where an object becomes so comonplace that it looses it's design right. It may be sufficient just to acknowledge the designer, but in doing so you are opening yourself up to the possibility of claiming Intellectual or design right compensation. The designer is making a living from their creation and as such can claim monetary recompense from someone else making money from it. Economic constraints and legal wrangling prevents most people from asserting these rights but the existence should be noted and a cross stitch may be withdrawn without notice should the question of design right or copyright be brought by an interested party. Of course if a badge or logo is included in the design and then reproduced then the question of Registered Trade Marks arises. (see above)

The Main problem occurs if a company or individual actively markets their design in different media from the original such as in the form of toys or gifts. When such marketing occurs it is more likeley that they would take an interest in a craft like cross stitch and expect some sort of payment for it's image to be used.

A car is designed. Most of the important parts are internal but the shape is aesthetic and an intergral part of the design. Many cars are marketed for their shape or configuration. It could be argued that selling a cross stitch of a specific car design is a breach of design right. In reality most manufacturers consider any publicity to be good publicity and as long as the picture does not defame or damage the reputation of the company they will overlook any rights they may have. Once the vehicle is on sale and being driven there could be argument that it is in the public domain. The owner of the vehicle has bought the right to display it so takes the design rights for himself. The net result is that the company or designer has lost this exclusive right by selling it in large quantities.

Incidentally, in the USA human faces are considered the property of their owners and to photo or reproduce them can be subject to financial constraint or renumeration. This right is not transferable to our knowledge but may mean that we are not allowed to market or sell certain designs to the USA.

Claiming Authenticity for a design increases the likelyhood of a claim being made as you are implying that the designer approves of your reproduction which may well not be the case. For something to be deemed authentic it must be confirmed to be a good reproduction by someone with the authority and knowledge to be able to make judgement. Stitch Pics never claims authenticity unless it has been given by the designer or copyright holder specifically.

Intellectual Rights

Intellectual right also include the use of copyright or design right objects in a photograph or composition. If the content of the picture is primarily concerned with an item of copyright material then that is considered a breach of copyright.

For this reason postcards, greetings cards (of subjects that would not normally be considered copyright) and other photographs in books or on loan may not be translated into cross stitch without the permission of the owner or copyright owner.

On the same basis a cross sttch design may not be "redrawn" or copied, or reproduced in any way even if the original is no longer available for sale. Copyright exists even if the owner is not attempting to make financial or other use of it.

Conclusion