When asked by one of my students in my online program about copyright in the basket making community, I realized I do have some thoughts on this topic. I would like to share them below.

Everyone has copyright on their own creations.

Copyright is the exclusive legal right given to creators to reproduce, distribute and use their original works. A work must be in tangible form to qualify for copyright protection, not just an idea or concept. (Trademarks and patents are distinct from copyright, offering protection for brand identity and inventions.)

Copyright exists right from the moment of creation. You do not need to register your original work for it to be intellectual property. your original work is yours, even without government registration. But for legal action against infringement, a registered copyright can be helpful.

But how does this work in basketry?

Is there something like an ‘original work’ in basket making? When basket makers learn shapes and techniques from each other, are inspired by each other’s work, reproduce others work to learn techniques and draw on historical baskets and techniques, who owns the copyright?

I think it is quite clear that traditional baskets are our heritage and we, as a collective, can reproduce them and sell them without any issues. I would also include traditional techniques in this. All of them come from other makers who have refined and improved them over many generations.

But talking about copyright we mean a particular design, invented by one maker. And that can be hard to prove when we all use the same techniques and base our design on baskets from our heritage and work from other makers that inspire us.

What sets an exceptional basket maker apart from others usually is not the design. Their skill shows in the flow and regularity of the work and the way they have selected their material. This is not something that can be copied. This is only achieved from practice and repetition, time and patience and making for a very long time.

I know some makers who feel there is no such thing as copyright in basketmaking, for reasons outlined above. Others feel very strongly about their designs and do not want them to be copied. I understand both sides.

In the art world there is a much clearer boundary between what you can copy and what not. As a painter, if you do a course with another artist on how they achieve a certain look, it is understood that the work you create during the class cannot be sold. And any copy of the work taught can’t be sold either. But you can use the techniques learned to create new work.

If someone copies your creative work or specific designs to learn, I think it is fair to understand that it is for learning only, for practicing techniques and shaping etc. How would you feel if they start selling the same basket?

And here lies a difference I think between someone trying to have fun with willow and learning new techniques and someone who makes a living from their work. The latter has a lot more at stake.

Granted, the basket will never fully look the same. Each basket always carries the makers’ hand. However hard you try to copy exact measurements. The willow itself will likely also influence the way the finished basket looks, and the selection of materials.

But as a general guideline, to respect other makers, I think it is a good idea to:

-always credit the teacher. If you made a basket in a course, tell others who your teacher was. You would never have been able to make the exact basket you did without them. They deserve the acknowledgement of their skill and knowledge.

-try to credit the maker that inspired your work. This is more difficult because we see so many images now and it can be hard to retrace your steps. But if you know the basket and maker who inspired you, name them! They will likely be happy to be credited for their work and others can then also learn about them. It is also interesting to hear about your creative process. What were you thinking/feeling when you had the idea for a specific basket? How did you go about getting to the finish line?

-Tell everyone where you learned from. We stand on the shoulders of all the makers before us. None of us would be here without our teachers. And this can give other people the impetus to start learning from them too.

-Do not sell a copy of someone else’s work, unless it is a traditional basket or you asked and were given permission.

-develop your own designs. Use the techniques and shapes learned in classes to make baskets with your own slant on them. Practice what you learned, and then allow your own creativity to guide you.

I feel that ownership over a certain design needs to be held loosely. Your design came about because of skills and tenacity of makers that came before us and those walking beside us now. We do not create in a vacuum and we never will. I also feel that a design itself is not the only a defining factor in recognizing someone’s work. I think good craftmanship shows. There is nothing like seeing a basket a maker has refined and mastered over many years. The cadence, their selection of material and beautiful symmetry and flow in the work speaks for itself.

I strongly feel that sharing our work, knowledge and skill is hugely important to keep our craft alive and vibrant. So is acknowledging the makers who came before us, who have taught us and who are still inspiring us now. This way we keep our craft alive and vibrant and we create a living heritage, carried on by everyone touched by it.