Another copyright question. I'm just treated myself to the cross-stitch plug-in for Embird so I'm playing with designs. Who will I upset if I digitise some traditional Eastern European designs which have been around for hundreds of years?

The designs themselves are probably in the public domain, but if you use the photos in the book, that's where the copyright lies. Are there some examples of these designs in a local textile museum, that you could possibly sketch? Here in USA we have "Pennsylvania Dutch" designs that are very old, brought to this country from Europe by the German immigrants hundreds of years ago. Also known as "Amish". The 'distelfink' is a sort of stylized rooster, for example. I couldn't copy one out of a book of Amish designs, exactly as photographed, but it's a simple enough design that I could draw myself and digitize. The same with the way they make hearts and vines, or depict people. They are very simple, stylized designs that anyone with even limited artistic ability could draw--deliberately so, in order that any Amishman could make a sign for his barn, or Amishwoman could use in her quilt. Or I could make a digitized design, as long as I drew it, not trace it or otherwise copy it from a published book or other article. Does this make sense to you, I hope? Hugs, Marji

1 comment

by spendlove 17 Mar 2013

That is pretty much what I'm doing. The book I have is of charts drawn from museum examples from all over Europe, the Middle East and beyond. They will be the forerunners of the Amish designs and are fascinating.

I've now been in touch with the publisher of a book I have of traditional folk designs. They say I may digitise them for my own use (and sell the items) but I may not share the designs.

1 comment

by rescuer 06 Mar 2013

I would still love to see your work in Projects if they allow it. I still have hope you will find something in the "public domain"

I am not sure who would be upset. Just be sure to use "due diligence" (legal term) and as long as you can show that -- you should be OK. If there is a current copyright, they can ask you to remove the designs. Good luck! I hope someone out there knows for sure.
TTT

What are they ??I have no clue??

1 comment

by spendlove 03 Mar 2013

The designs were collected 60 years or so ago from scraps of fabric surviving from 13th and 14th centuries. Cross stitch was very widely worked then - counted threads on linen fabric.

Such a minefield it is Sue :-)
big hugs maria xx

For the most part, if the original work truly was created "hundreds" of years ago, the copyright has expired--or may have never existed--and entered the public domain. There, of course, are exceptions (new versions of old designs may be newly copyright protected).

I have included a link to the U.S. Copyright Office for a brief explanation.

1 comment

by spendlove 03 Mar 2013

Thanks for that.