It is! And to trot out another cliché, life is full of surprises, not to mention coincidences. Let me tell you the story.
Last week I received an email from a lady who wishes to start a cut flower business. Good luck to her, I say – being Dutch I thoroughly approve of anyone providing more flowers for the adornment of our homes – but you may wonder why she contacted me about this. Well, in her online search for images to use as a logo she came across an embroidery featuring a single flower and leaf (which would go well with the name she has chosen for her new business) in colours similar to the ones she was planning to use. It was this embroidery:
That’s right, it’s the little Jacobean goldwork design that I first used for two crewel wool experiments; this is the one using Pearsall’s wool. I was flattered, of course, and wrote to the lady saying so, but also noted that although the stitching and the interpretation were mine, the design was not; it doesn’t really look the way the designer originally intended, but even so I was of the opinion that the copyright of it probably still lay with him or her. Nevertheless, I promised I’d ask the opinion of the Cross Stitch Forum, whose members feel very strongly about copyright and some of whom have looked into the matter in some detail.
One person there sensibly suggested contacting the designer. An excellent suggestion, but I didn’t feel very hopeful about its success; I contacted the magazine last year when I was hoping to acquire this particular design (which I’d seen on a picture of the magazine’s cover on Mary Corbet’s blog), and apart from a fairly standard reply saying they’d forwarded my question to the editorial department (and pointing me to a book they had for sale on goldwork) I didn’t get any further replies, neither from their main email address nor the editorial department.
Then another member suggested looking at the original pattern to say if it said anything about “free use”. Now I hadn’t actually looked at either the pattern or the instructions since I printed off an enlarged version of it; I use that print to transfer the design whenever I want it, and I’m not actually following the instructions but going loosely (very loosely…) by the photograph of the finished pincushion. Moreover I only have the pages with this design on them, not the whole magazine, so any copyright rules covering the magazine generally would probably not be there anyway. Still, I unearthed the original pages and had a look. That’s when the coincidence/small world thing came in.
The designer turned out to be Barbara Jackson of Tristan Brooks Designs ; that sounded very familiar, but it took me a while to remember why. And then it came back to me – Barbara Jackson was the very helpful lady who sent me some twill samples all the way from America last year so I could try them before deciding which one to buy! We had quite an email conversation at the time and we spoke on the telephone as well. As the time difference meant that she was probably at work when I realised this, I rang and explained the situation to her.
It took her a while to remember the design, actually, and when she’d worked out which one it was and I told her my fairly convoluted reason for ringing her she said “I was afraid you were going to ask me for the instructions!” Anyway, she was perfectly happy for me to pass on her permission to use the design, or rather the picture of my rather different version of the design, and so I did. Don’t you just love happy endings ? If the flower lady does indeed decide to use the embroidered flower as her logo I’ll post a screen shot when the website goes live!