In all this talk of respect for others’ work and not breaching copyright, there is an elephant in the room. Maybe you’ve noticed it. Maybe you haven’t. I certainly have.
You may have been thinking, and I have certainly heard this in my mind from silent accusers: “Yvette, isn’t your work derivative? Don’t you base much of your work, particularly in your books, on others’ work?”
The simple answer is yes, I do.
So why is that ok?!
Copyright considerations
I will interject here to say I am not a lawyer. Do not take this to be legal advice. You must make your own enquiries.
Now we get into the nitty gritty of copyright law, which, not at all helpfully, differs around the world according to the jurisdiction you’re in. Some have very weak copyright laws, and others have very strong copyright laws. So let’s assume we’re dealing with the strongest of copyright laws. My understanding is that the longest period that copyright exists is 75 years past the death of the creator. (And there are probably all sorts of exemptions to this that I admittedly know nothing about. Who’d be an intellectual property lawyer?! What a minefield!)
In some places, copyright has to be registered. Here, in Australia, it does not. When something is created (not just an idea, but has some sort of physical form) it automatically is covered by copyright. If I create a work – a book, a photograph, an embroidery, a poem, a blog post – in Australia, as soon as it leaves my head (or fingers) and ends up in physical form, it is covered by copyright. And it will remain covered by copyright for 75 years after my death. Obviously, we don’t know when that will be, and I’m certainly not planning for it!
For something to come out of copyright TODAY, generally its creator will have had to have died 75 years ago. They will have created it some time during their life, so let’s add another 80 years on. That means I need to look at least 155 years back for things such as embroideries to be out of copyright. But to be on the safe side, I’ll add a few more years. So let’s say 160 years. That takes us back to 1860.
I focus on OLD embroideries. I do my research in museums looking at pieces that can be hundreds of years old. For me to be safe, copyright-wise, they need to date from earlier than about 1860, give or take a bit. So you can see that a work from the 1600s, as are many of the ones I’m focussing on in my next book, “Friesian Whitework”, is no problem at all. They’re most definitely out of copyright.
Photographs of those embroidery works are a different matter. The copyright in the embroidery might have expired, but when the photo’s copyright expires depends on when the photographer dies. When I am including photographs of embroideries in my books, any that are *not* taken by me (I’m still alive and still hold my copyright!), require permission for me to use, and often payment, which assigns me a licence to use the copyrighted work. Any that *are* taken by me still need permission from the owner of the embroidery (maybe a museum or a private collector) to reproduce the photo in my book.
Back to the old embroideries themselves: while on things like my band samplers, I do often reproduce old designs all combined together (in other words, *copies*), most of the projects I make are my own embroidery designs based on the motifs and principles of the traditional style of design for that technique.
Ethical or moral considerations
The other thing that is important to me, morally – which is quite different to legally – is that I want to show respect for the work, and for the original creator of the work. I’m really big on the idea that I want to create books that show great respect for the original custodians of the embroidery. I want to honour them by presenting their work in a way that makes them say, “She’s represented our work well”, and the rest of the world say, “WOW! That’s beautiful!”
I’m not “ripping off” other people’s work. I’m presenting old styles of embroidery to the world with great respect for them and their creators. I want others to see these beautiful works and admire them. I also want people to be able to make works like them, thereby keeping the skills and techniques bound up in these beautiful old embroideries, ALIVE!
To me, it all comes down to respect. I want to make my way through this world in a way that shows respect to those around me and those who have come before me.
If we didn’t have lovely people like you, we could not appreciate a resurgence in some of these wonderful old special pieces of work. I love what you do and appreciate it so much. Many of these different styles of embroidery would be lost for ever and we would not be able to enjoy them today!
Thank you Elizabeth. That is a very special comment, especially coming from you. xx
Yvette, having had the privilege of meeting you, I cannot speak more highly of you and your ultra respect you afford the wonderful embroideries and the processes that have created them. I have read over time on your blogs of your discussions you have had in museums with curators and with women in the villages you have personally visited. You are always paying great respect in all you do
I wish you all the success in the world as you so justly deserve.
Thank you so much Heather. That’s so very kind of you.
I think the many stitchers whose work inspires and informs yours would be bewildered, impressed, and thrilled to see what you’ve done, and would without doubt feel that you had honoured their work.
Thank you Rachel. I do hope so.