Although not hard and fast. The cases I have read would indicate that a Fifteen percent (15%) change would be a "new" design. I'd go Twenty percent (20%) to be sure. How you measure that is a jury question. I might suggest you leave out the hard parts.
Tom ----- Original Message ----- From: "Clay Blackwell" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]> Sent: Wednesday, August 27, 2003 3:59 PM Subject: Re: [lace] Miss Channer/enforcement issues > Hi Tom, and Devon, and other lacemakers! > > To take this question in a slightly different direction, how > much would the original design have to be changed in order > to call it an original design? If a creative lacemaker used > the mat as "inspiration" and made a design that looked a > great deal like the mat - but was not an exact duplication - > would that be a violation of copyright? > > Clay > > ----- Original Message ----- > From: <[EMAIL PROTECTED]> > To: <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]> > Sent: Wednesday, August 27, 2003 4:34 PM > Subject: Re: [lace] Miss Channer/enforcement issues > > > > So, Tom, if someone were, hypothetically speaking, not > that I am advocating > > it, to very quietly and in a non-public place, photocopy > the pattern and give > > it to her friend, how would the damages be reckoned? Ruth > Bean repeatedly goes > > on record as saying that it is not worth reprinting. > However, they did respond > > with a reminder that they own the copyright at one point > when someone offered > > on-line to photocopy it for another person. > > I don't think anyone is actually proposing to run off as > many as a hundred > > copies, and if they did, they would lose their shirts on > the enterprise, much as > > Ruth Bean, apparently would if they did it. It is the > person who reproduces > > the pattern that suffers economic loss in this scenario, > so how do you > > calculate damages? It would be an interesting question for > a law school exam. > > It seems to me that every year Ruth Bean is deluged with > e-mails from people > > pleading to have them reprint this pattern. This kind of > annoyance is probably > > unknown for "The Idiot's Guide to Safe Cracking", for > instance, but the > > lacemakers are a fanatically law abiding group. > > Devon > > who never advocates law-breaking. > > > > - > > To unsubscribe send email to [EMAIL PROTECTED] > containing the line: > > unsubscribe lace [EMAIL PROTECTED] For help, write to > [EMAIL PROTECTED] > - To unsubscribe send email to [EMAIL PROTECTED] containing the line: unsubscribe lace [EMAIL PROTECTED] For help, write to [EMAIL PROTECTED]
