Copyright laws and photocopies?

quarterstitchFebruary 28, 2004

Hello all...I am confused and need some clarification. First off, I want to make it understood that I firmly believe that a cross stitch artist should receive maximum profit of their work by not copying their patterns (and selling the copies) making stitchers purchase the original pattern to help keep those amazing artists creating art for all of our benefit. But, when a pattern is our of print and has been for years like the much coveted 'Care Bear' pattern that we all want...where is the copyright infringement in trading a photocopied pattern (at no cost) to fellow cross stitchers. After all, when we buy the original leaflet on Ebay or through this forum, the artist does not see any of that profit. Please keep in mind that I am referring to sharing the pattern at no cost or for a fair trade. Thanks for reading my lengthly post...I really just wanted some facts as I dont want to break any copyright 'rule'. HAPPY STITCHING

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quarterstitch

I hope I didn't stir anything up here. I just went through some old postings on this forum and realized this is a heated topic. I should have researched it a bit before my posting so ooops... I really dont mean to heat things up around here just wanted some facts:)

    Bookmark   February 28, 2004 at 12:46PM
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stitchntime9

Go to the US government copyright, trademark and patent site, look on how to submit a trademark or invention to get yourself in the right direction and start reading and researching. Also look under licensing, another interesting subject that further complictates trademarks and copyrights. There is one section that has the titles and who owns the copyright, trademark or patent that you can search and whether it is still copyrighted.

If you are totally confused after that, consult a legal professional as to what you can and cannot do.

    Bookmark   February 28, 2004 at 5:28PM
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quarterstitch

Thanks for the advice. I think I'll just stick to either buying or trading an original pattern. It seems the safest, most legal route to take:)

    Bookmark   February 28, 2004 at 11:20PM
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stitchntime9

That's what I do. I will scan and enlarge sections of a chart that's difficult to see for my own use to mark where I stop and start and discard the section sheet when I'm done.

I wish the chart manufacturers would make larger, easy-to-read charts--I wouldn't mind paying more for that type of chart to eliminate wasted time increasing the chart symbols to a readable size when I could be sewing the design.

Don't forget E-bay is an excellent source. I've been after an out-of-print Hummel chart I don't have for the last 6 months, got beat on one bid, and won the other auction--needless to say, I was thrilled to get the chart.

    Bookmark   February 29, 2004 at 6:20AM
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marbeth

Please see EXTENSIVE section on nwk and copyright at my site:
marthabeth.com/needlework.html
mb

    Bookmark   July 8, 2004 at 8:31PM
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marbeth

Trademarks, patents, et al. are completely different from copyright. Copyright is literally the right to make (and distribute) copies of a work.

Registration of copyright is also a separate area. Registration is not necessary to begin copyright protection.

Just bcs something is OOP does not mean protection has lapsed~

Please see my site for more info!
mb

    Bookmark   July 8, 2004 at 8:33PM
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stitchntime9

Marbeth, checked your website out. You really need to update your site, correct a lot of information, and throw something in about licensing. Too many things have changed since you last wrote your personal interpretation. You should really seek an attorney's advice before writing a new interpretation with the disclaimer.

Your grandma's coaster pattern is an old DMC pattern I immediately recognized. I made a set of them about 20 years ago. You are right on that one point...they do go fast.

I have a habit of lumping patents, trademarks, and copyrights into one group as one branch of specialty attorneys and corporate legal departments generally take care of these matters.

Copyright registration is not a separate area of copyright. All documentation and forms necessary to register a copyright for that particular category of work are sent to the same address. Once those papers are received by the office, the papers are reviewed for any duplications and then the copyright will be granted for a specified period of time if there are no duplications or licensing agreements for the visual image, look or feel preventing the issurance.

Although you say registration is not necessary, you had better have all your own date and time stamped personal paper work and documentation in order should you get into legal disagreement and then have to see an intellectual property attorney. That is why it is always wise to at least attempt registration--pay the fees now or pay the costly penalties later should you be in error because you didn't bother to seek legal advice first.

As a secretary, I have worked for both individual and corporate intellectual property attorneys--I learned much and the whole process is really quite interesting. My common sense couldn't believe some of the disasters that came through because the person didn't seek legal advice before plunging ahead. Then again, I have had the privilege of seeing some products and idea files I worked with copyrighted and in stores.

    Bookmark   July 9, 2004 at 4:44PM
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