Craft Gossip

Independent craft blog since 2007

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.

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?

Pencil Knitting Patterns

Getting ready for back to school makes me think about pencil crafts, so let’s take a look at some pencil themed knitting patterns! 

I recently made a pencil on a circular knitting machine, and it was a fun, quick, easy project that uses little bits of leftover yarn (and if you don’t have yellow you can make it a colored pencil using whatever color’s your favorite). And if you want to make a bigger version check out this pattern from Orange Olive Road on Etsy.

If you want to knit a pencil pillow by hand, check out Sketchy, available on Ravelry from Shana S. Cohen. This one uses worsted weight yarn and has two size options and the choice to make a pencil with an eraser or a colored pencil. 

Pencil scarves seem to be the most popular kind of pencil knitting pattern, and there are lot of cute ones. This one from Cosy Craft UK mostly uses garter stitch, with some welts to add texture and what looks like an I-cord edging. It calls for DK weight yarn. 

If you want to go all garter stitch try this version from Emsley Co Creations, which uses five colors of DK weight yarn and just a little shaping to make the point of the pencil.

There’s also this fun, mostly stockinette so it looks like it curls a bit, pencil pattern that looks like it’s worked in chunky yarn from Little Knits Studio. This one uses just a little garter stitch and easy shaping for the point. 

If you don’t want a pencil scarf, how about some pencil socks? The No. 2 Pencil Socks from The Yarn Enabler are available from Ravelry and use five colors of sock yarn. They feature wide ribs to mimic the texture of a pencil and have options to be worked from the top down or the toe up. 

Needs Sharpening by Alexander Walker is a free pattern on Ravelry that uses five colors of sock yarn to make a sort of shortie sock. The little bit of black at the tips of the toes inspired the name. These, too, can be worked in either direction and are available in three sizes.