Gov UK Fair Use Copyright

Where original products have been used, which are copyrighted, we have created designs and artwork that are pastiches of that original. We have not obtained licences for any of our designs. We wish to confirm that our products have been inspired by the original designs and artists work.

Here is the Gov-UK Terms of Fair Use regarding the designs of our gifts.

Fair dealing

Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting.

‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work?

Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:

does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair
is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used

The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.

Sufficient acknowledgement

In relation to certain exceptions, if you are making use of that exception to copy someone else’s work it is necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a substantial part of a work for the purposes of criticism or review, or where the use was for the purposes of news reporting.

However such acknowledgement is not required where it is impossible for reasons of practicality.

Parody, caricature and pastiche

There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche.

For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.

It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing.