Hiya,
I am wondering if I am allowed to use old annuals I have lying around, to make things like Keyrings and Badges.
For example could I use my Carebear annual from many years ago and cut piecees out of it to make a keyring.
They would all be one offs but I would be looking to sell them at Etsy and stalls at fairs.
Thanks!
Can I use old Annuals for Crafts to sell?
Re: Can I use old Annuals for Crafts to sell?
Hi SamiTFS and welcome to the forum,
Provided that you do not copy any of the material then you should be covered by the doctrine of the exhaustion of rights. This says that once a rights owner has released a copy of work by selling it or giving it away, they no have further rights to control the distribution of that specific item. You, as the new owner, are entitled to sell or give the book etc to someoine else, or to throw it away, or destroy it. None of these subsequent actions by you as the legal owner of the copy comes within the copyright owner's rights to control the distribution of the original work.
There is a separate moral right which belongs to the copyright owner which is intended to protect his or her reputation as an author. This allows them to object to the derogatory treatment of their work (see section 80 of the Copyright Designs and Patents Act). Derogatory treatment can include mutilation if this would be prejudicial to the honour or reputation of the author. I think it is highly unlikely that this would apply to the making of key rings out of the original artwork, especially where the artist is possibly anonymous.
Provided that you do not copy any of the material then you should be covered by the doctrine of the exhaustion of rights. This says that once a rights owner has released a copy of work by selling it or giving it away, they no have further rights to control the distribution of that specific item. You, as the new owner, are entitled to sell or give the book etc to someoine else, or to throw it away, or destroy it. None of these subsequent actions by you as the legal owner of the copy comes within the copyright owner's rights to control the distribution of the original work.
There is a separate moral right which belongs to the copyright owner which is intended to protect his or her reputation as an author. This allows them to object to the derogatory treatment of their work (see section 80 of the Copyright Designs and Patents Act). Derogatory treatment can include mutilation if this would be prejudicial to the honour or reputation of the author. I think it is highly unlikely that this would apply to the making of key rings out of the original artwork, especially where the artist is possibly anonymous.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007