I'm confused about this. Why would someone who took a photograph of a piece of 
clothing from the 14th century own the copyright for the pattern of the fabric? 
Now, I could see contacting the museum or organization that owns the piece of 
clothing. But the photographer or author of the book? No way.




________________________________
From: "[email protected]" <[email protected]>
To: [email protected]
Sent: Wed, May 12, 2010 11:26:46 PM
Subject: [h-cost] Question of fair use

Have to side with Fran on this one.  As a creator of intellectual  property 
that has been misappropriated myself, I can appreciate her  vigilance.  The 
subsequent poster may be correct that the intended action  was "fair use;" 
however, remember that the intent of the original poster is to  reproduce 
the design on a fabric.  Now, if she were weaving it herself  (okay a stretch, 
I admit, as it is brocade) for her own use, you might still be  able to 
claim fair use.  But to turn over the design to a commercial  weaver, who could 
conceivably use it again to sell the fabric to someone else,  well, I agree 
that isn't fair to the author/artist.  In that case, I would  DEFINITELY 
ask the author/artist for permission.

Ann Wass 




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