Copyright and Intellectual Property — What Craft Sellers Need to Know

What copyright protects for makers

The Copyright, Designs and Patents Act 1988 (CDPA) is the main UK law governing copyright, design rights, and patents. It protects original creative works including artistic works, literary works, and "works of artistic craftsmanship."

For craft sellers, copyright protects:

• Your original painting, textile design, jewellery design, or surface pattern
• Your product photographs
• Your written descriptions, blog posts, and pattern instructions
• Your original sewing, knitting, or crochet patterns

"Original" doesn't mean it's never been done before. It means you created it yourself with your own intellectual skill and effort, and didn't copy it from someone else.

Copyright exists automatically from the moment you create the work — no registration is needed in the UK. It lasts for the creator's lifetime plus 70 years.

What copyright does NOT protect

Copyright protects the expression of an idea, not the idea itself. You cannot copyright:

• Ideas, concepts, styles, or techniques — you can't copyright "making candles" or "watercolour landscapes"
• Functional aspects of a product (these may be covered by design rights instead)
• Common or generic designs that are not original to you
• A general colour scheme, shape, or layout that is too commonplace to be distinctive

This distinction matters. If you and another maker both paint watercolour robins, neither of you is infringing the other's copyright — unless one of you copied the other's specific artwork.

Design rights — registered and unregistered

Design rights protect the appearance of a product and fill the gap between copyright (which protects artistic expression) and patents (which protect inventions).

UK unregistered design right arises automatically and protects the shape or configuration of a 3D article for up to 15 years. It covers functional aspects that copyright doesn't — but you must prove the other person copied your design.

UK registered designs can be filed with the Intellectual Property Office (IPO) and provide stronger protection. You don't need to prove copying, just similarity. Registration costs from £50 for a single design and is worth considering for your most distinctive products.

Supplementary unregistered design right (the post-Brexit replacement for EU unregistered Community design) provides 3 years of protection from the date you first make your design public.

Trade marks — brand names and logos

Trade marks protect brand names, logos, and slogans. They are registered with the IPO and last indefinitely if renewed every 10 years. Registration costs from £170.

Using someone else's registered trade mark on your products or in your product names is trade mark infringement — even if you made the product yourself. This includes brand names like Disney, Nike, Yankee Candle, Jo Malone, and Zoflora.

If you plan to invest in building your own brand, registering your business name as a trade mark gives you much stronger legal protection than relying on unregistered rights alone.

Common IP pitfalls for craft sellers

These are the most frequent infringement issues in the craft world — and the ones most likely to get you in trouble:

• 1. Licensed fabric and materials — Making products from fabric featuring copyrighted characters (Disney, Marvel, Peppa Pig, Peter Rabbit) and selling them is infringement unless you hold a licence. The fact that you bought the fabric legally does not give you the right to commercially exploit the copyrighted images on it. This is one of the most common and most misunderstood violations in the craft world.

• 2. "Inspired by" products — Selling products described as "inspired by Jo Malone" candles or "Zoflora-scented" wax melts is trade mark infringement. You're using someone else's brand name to sell your product.

• 3. Pattern copyright — If you buy a knitting, crochet, or sewing pattern, you typically have the right to make items from it for personal use. Selling items made from the pattern may or may not be permitted — check the pattern's specific licence terms. Some designers allow limited commercial use; many do not.

• 4. Images and fonts — Using copyrighted images from Google, Pinterest, or social media on your products without a licence is infringement. Using trademarked fonts (such as the Disney font) is also potentially infringing. Use properly licensed or free-for-commercial-use resources.

• 5. Repurposing branded items — Turning branded items into new products (alcohol bottles into candle holders, branded clothing into new garments) is a grey area but risks trade mark infringement if the branding is visible and you're trading on the brand's reputation.

• 6. The "decorative only" dodge — Labelling a clearly toy-like product as "decorative only" or a clearly candle-like product as "ornamental" to avoid safety regulations does not provide legal protection if the product's actual use contradicts the label.

Protecting your own work

While copyright exists automatically, taking proactive steps makes it much easier to enforce your rights if someone copies your designs:

• Keep dated evidence of your designs — photos with timestamps, digital files with creation dates, dated sketches in a design notebook
• Use watermarks on product photos shared online
• Consider registering your most distinctive designs with the IPO (from £50 per design)
• Register your business name as a trade mark if you plan to invest in building the brand (from £170)

If you discover someone copying your work:

• 1. Gather evidence — screenshots, photos, links, purchase records
• 2. Contact them directly first — a polite "cease and desist" message often resolves the issue
• 3. Report to the platform if they're selling online (Etsy, Facebook Marketplace, Amazon Handmade all have IP reporting tools)
• 4. Contact Trading Standards or a solicitor if the issue persists

Penalties for IP infringement

IP infringement can have serious consequences, even for small sellers:

• Unauthorised use of a trade mark can result in fines of up to £5,000 and/or up to 6 months imprisonment under the Trade Marks Act 1994
• Copyright infringement carries civil remedies (damages, injunctions, account of profits) and in serious cases criminal penalties
• Trading Standards can seize infringing goods at craft fairs and markets

"But everyone on Etsy does it" is not a legal defence. The fact that infringement is widespread does not make it legal — it means enforcement is inconsistent, not that it's permitted.

Key practical points

• Being a small business or hobbyist does not exempt you from IP law — the same rules apply regardless of scale
• Fair dealing exceptions (research, criticism, parody) exist but are narrow and unlikely to cover commercial craft sales
• If you're unsure whether something infringes, contact the IPO's free information line or your local Trading Standards office before selling
• The IPO provides free guidance and resources — use them before investing in products that might infringe someone else's rights
• When in doubt, create your own original designs. It's not just legally safer — it's better for your brand