© Copyright Page

Copyright Matters

• Copyright in General

  The following is based on my own views and experiences and must be offered without prejudice and with the certainty that regulations will doubtless vary by country. It is offered strictly in relation to Sara Moon Artworks, though comparative issues may be used by way of illustration. I would strongly advise anyone seeking commercial gain from work not of their own creation or substantially similar to that of other known works (of any sort) take professional advice before doing so.

  Copyright relates to two-dimensional works such as the written word, artwork and design. It is a legal apparatus to protect authors and artists from those who would otherwise seek financial or other gain from the hard work of others, diluting or destroying the opportunities for profit earned and owed to the actual owner. An originator can sell or license copyright to a third party and may of course choose to elect different third parties for different works.

  INITIAL PROTECTION

  An artwork is copyright to the originator without need of any kind of registration with any official body of any sort. In general, this remains the case for 70 years beyond the originators death, as ownership can be and usually is inherited or bequeathed. By way of additional dateline protection originators often ‘date file’ a work by lodging it with a professional body or simply by posting it to themselves in an envelope, the seal of which would carry some recognised date authentication – a Post Office stamp or registered post label over the seal etc., but this really is ‘belt and braces’ activity. Any challenger to copyright would need to show an exact, or substantially similar original work of an earlier date.

• What Constitutes an Infringement?

  When asked, authorities would look at all breaches from exact copies to those which they would consider to be ‘substantially similar’. It would then be a matter for the parties involved to prove who’s work was the original. (See Initial Protection above.)

• How Close Can a Copy Be?

  With the passage of time, artists, photographers and others are becoming more sensitive about their imagery being copied and many more challenges are being made. These appear to be most successful where it can be shown that an image or object created by one person, and copied by another, CAN result in a successful challenge. Recently, a figurine of some old folks on a bench inspired an artist to create an painting based upon it, and it was successfully challenged.

  Most often, challenges are successful where it can be shown that an item is ‘substantially’ similar to an original creation and it can be seen to create a choice for the consumer and may result in the original creator being ‘robbed’ of financial gain from their work.  A good example of this, in the case of Sara Moon, would be creating cross stitch patterns for commercial gain using Sara Moon images as this challenges both the artists copyright AND that of any official cross stitch pattern producer that holds exclusive rights to the production of Sara Moon images for cross stitch patterns.

• Publishing Works Without Consent

  There is a HUGE difference between ‘showing’ works and ‘publishing’ works without consent. It would appear that promotion without the profit motive is acceptable to most owners as it seeks to increase exposure and sales to their benefit. It is unauthorised profit from their works that offends and is what copyright is there to protect. Beyond that, there is of course dilution of sales caused by individuals having access to works of sufficient quality to ‘satisfy there need’. This criterion has been brought to the fore by Internet access. Not that long ago the odd person having access to and the means to make an adequate copy of a work was so small as to be both insignificant and hard to trace. Today, that has changed dramatically with images posted to the internet, downloaded and printed on equipment which in many cases is very sophisticated indeed – at very little outlay. This has led to test cases that attempt to ascertain whether an image shown on the Internet for free and down-loadable, is in fact an infringement of copyright or a promotional tool to the benefit of the copyright holder. My understanding is that (as I write – 2020), an image large enough to indicate what an image portrays WITHOUT being large enough to satisfy the viewers needs, would not infringe copyright and be deemed a promotional aide. Having said that, there are those who guard there copyright very jealously indeed. I remember some years ago, the highly successful UK furniture manufacturer, Parker Knoll, quite innocently included an artwork on the wall of a room-set within their brochure. Even though they had purchased the work to include in the picture, they were challenged by the owner of the art work who demanded that they either paid for the right to show the work within their brochure or immediately withdrew the brochure from distribution. Maybe the artist believed that Parker Knoll sought to enhance the desirability of their products by showing that discerning purchasers of this artists work would perhaps want to purchase Parker Knoll too (known as sale by association) – Or perhaps the artist just saw an opportunity to make a quick buck at PK’s expense! Either way it proves both the degree by which copyright can be fought and enforced – PK paid up. This shows too, that the legitimate purchase of an artwork in no way constitutes ‘ownership’ of copyright to any degree whatsoever.

• Copyright & Original Artworks

  The copyright to all of Bijan’s work as ‘Sara Moon’ rests with the artist and not with its publishers, Red Baron or its successors, Verkerke/Scandecor or its owners or subsideries or any other such bodies. Requests for permission to use the Sara Moon works can now be lodged though this website by emailing copyright@sara-moon.com.
  In general terms and as explained elsewhere in this document, an artist has copyright of their work as a natural right without need of any kind of registration with any official body of any sort. This remains the case for 70 years beyond the originators death, as ownership can be and usually is inherited or bequeathed.

• Copyright & Cross Stitch Patterns

  Please be aware that creating your own patterns from Sara Moon artworks offends the copyright of the artist and/or official cross-stitch pattern owners and as such would be illegal. Even if your work is not an exact copy, by stitch or by colour codes or even by minor changes to the actual image, if it can be seen to be ‘substantially similar’ to those artworks and/or patterns licensed, then this would constitute an infringement of copyright.

• Trademark & IP Infringement

  The signature style of Sara Moon is a Registered Trade Mark and its use without written consent is a copyright infringement. The use of the words “Sara Moon” to describe an item that is not the work of Sara Moon is also an infringement of Trade Mark Law unless created by a person with that legally given name. In other words, it is illegal to use such phrases as “… similar to Sara Moon” or “… looks like a Sara Moon painting” in order to draw attention to items not created by the artist Sara Moon as this is seen as using the good name and reputation of the artist to sell or draw attention to works other than their own.

• TV & Movie Rights Etc.,

  
  FREE USE CONDITIONS:
  Permission for use of these artworks in TV and movie sets, theatre productions, etc., will generally be granted provided prior written consent is requested by a legal representative of the production team and granted in writing by the artist’s management.

  Permission will be granted per specifically stated artwork(s) on a perpetual basis free of any charge provided that it is agreed on a single production or specified series basis and that written acknowledgment is clearly posted within the general credits.

  PLEASE INCLUDE:
  Requests should include some detail as to the nature of the production and the context within which the artwork will be used.

  PLEASE CONTACT:
  John D Moulton
  International Business Manager
  SARA MOON ART & DESIGN
  To email, CLICK HERE

  HELPFUL NOTE: ANACHRONISTICS:
  These artworks were generally produced between 1976 and the early 1990s. In the interest of your anachronistic integrity, you may be interested in some guidance regarding the release date of each artwork. This can be found on the Artwork by Date page, here: