Craft Gossip

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Fair Use: An Oft-Misunderstood Copyright Rule

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Copyright Umbrella

Editors Note: We would like to again welcome Matt Lowe who has kindly written this guest post about the Fair Use of text and pictures for bloggers writing about other artists creations (very relevant to CraftGossip!). A few weeks ago, he wrote about differences between trademark and copyright.

Matt is an in house counsel in Colorado and is the author of the An Etsy Seller’s Guide to Copyright Protection (for sale). Matt is a Graduate of Pepperdine University School of Law and lives in Salt Lake City, UT,  with his wife and 2 toddler boys (and a baby girl on the way).

If you have any questions for Matt, please leave them in the comments.

Let’s say that you operate a successful blog where you highlight the work of artists, craftspeople, and Etsy sellers.  One day, you stumble across an Etsy shop named Parisian Streets that sells astoundingly artsy photos of the Parisian cityscape at dusk.  You are captivated by these photos.  You carefully study each one.  And then you decide, “I’ve got to write about Parisian Streets on my blog!”

But then, in the footer of the Etsy shop, you see the following:

“© Parisian Streets 2011. Please do not copy, reproduce, or use any content without our written permission. Thank you.”

So, can you write about Parisian Streets on your blog?  Can you show the photos on your blog? Where does this leave you?

Technically speaking, the owner of a copyright (Parisian Streets, in this case) is the only person with the right to show, reproduce, copy, sell or use its work.

However, there is an oft-misunderstood copyright rule known as the “Fair Use Doctrine.”  This doctrine allows you (the blog writer) to write about Parisian Streets so long as you do so only in the capacity of comment, criticism, reporting, information, research, or teaching.

In other words, you are not allowed to (i) confuse consumers as to who owns the photos, (ii) copy or display the photos for your own commercial gain, or (iii) create any adverse effect on Parisian Streets.

The distinction between “Fair Use” and infringement is often cloudy.  There is rarely a bright-line test to ensure that you are within the realm of safety.  So, it’s always best to get permission from Parisian Streets before mentioning or posting any copyrighted material.

In my experience, if Parisian Streets is well aware that you intend to highlight their photos in an informational manner, you will get the consent.  If you don’t get permission, then be very sure that your post falls squarely within the “Fair Use” exception, or don’t publish the post at all.

 It’s a very tenuous dance.  Enjoy it.

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Comments

  1. I received a reply from a company regarding a complaint I made to them. Can I post their reply – in quotation – to help others who have the same problem?

  4. I’m still a bit confused…
    A lot of crafters do round-up lists of posts and projects, like “Top 10 Christmas Crafts.” Is it okay to use an image?

    What about CraftGossip- do editors here get permission from every crafter they highlight?

    Or if I do a blog post that is “teaching” (in that it educates my readers) how to do something, can I use someone else’s images if I give credit?

    I’ll check out the Design Sponge post mentioned above, too. Thanks!

Have you read?

Add a Little Lace to Your Knitting Patterns

If you’re new to lace knitting or just aren’t sure how to incorporate the technique into garments, check out these tops and sweaters that use lace as a decorative element.

The easiest lace out there is eyelets, and you can practice them plenty with this eyelet covered sweater from Knitcro Addict. It uses light/DK weight yarn and is worked in four pieces knit flat. It’s intended to be a little cropped and a little oversized, and includes sizes XS to XXL in the pattern.

If you’re in parts of the world where it’s getting colder as you read this, the Nora sweater from Bummbul might be a good choice. This is actually a great one for learning lace because it’s worked in super bulky yarn, which makes it easier to see what you’re doing and makes the lace super graphic. This one just comes in one size, with a 42 inch (106) cm bust, but that could fit a variety of people depending on how much ease you like.

Minimi Knit Design has a cute allover lace cardigan worked in one piece from the bottom up. It’s worked in lace weight mohair held double, which maybe isn’t the best for those new to lace (because it can be hard to rip out) but it sure is pretty. Sizes range to fit from 30 to 66 inches/76 to 168 cm bust measurements.

If you’d rather not have lace all over your sweater, you can knit the Lumi sweater from Originally Lovely, which has a chevron lace pattern on the yoke and is otherwise worked in reverse stockinette stitch. (It’s worked inside out so you don’t have to purl every stitch.) The pattern has 9 sizes from XS to 5XL and uses worsted weight yarn.

Or try the super romantic sookie blouse from Trust the mojo (available on Ravelry). This sweet top is started working flat from the bottom up and has a V-neck and I-cord edgings. The sleeves are worked separately in the round, and the pieces are all joined together to work in one piece to finish off the top. It comes in eight sizes and is available in English and French.

You can also pair lacy sleeves with an otherwise plain top, like on the Starflower Wrap from Annelise Driscoll Gingrow. This intermediate pattern makes a wrap sweater with generous lacy sleeves and a double wrap belt. The pattern has nine sizes, from XS to 5XL, and is available for free from Hobbi.