On Aug 25, 2004, at 11:36, Panza, Robin wrote, in respionse to Jacqui's:
But can putting a "boasting" picture, with proper credits to book and
designer, on a non-commercial "boasting" website, really be described as
*publishing* except in the very widest sense of the word, ie make generally
known. Surely it's the modern equivalent of having it hanging on your wall
where all your friends will see it, or in a key ring fob, or taking your
finished work to a lace day.
Not really. Most people don't have millions of people worldwide coming to
their living room to see their work. And someone who sees my piece (at a
lace day or on a key ring or on my wall) is not in a position to make copies
at the click of a mouse button, in order to make it themselves. They would
have to get it from me, and only with my permission.
Nor are the brag-photos published on a website likely to be of good enough quality to reproduce the lace from them, I shouldn't think. Looking for the pattern (and buying it), is likely to be the simpler thing to do, in the long run, provided that the piece is properly credited, and the pattern can be found and bought.
And, if one's not permitted to brag about one's execution of a pattern in front of a large audience, without the permission of the author of the design, then we run into another "interesting" (absurd?) point...
Let's suppose I make a piece of lace from someone else's pattern - I do, ocassionally, if only to clean out the cobwebs from my own brain, when my own designing isn't going right. Whether I've twiddled it some, or not, is irrelevant, but let's say I'm very pleased with the results, and think it would make a lovely entry to my State Fair, or some other contest. Or, even, shown as a non-competitive entry, just to educate the public. Am I supposed to try and track the author of the pattern and get her permission to do so? Because it's certainly going to be seen by hundreds, and in much better detail than a photo on a screen...
As a child (7-14) my son used to participate in a kiddie music contest (started at a local level, went up all the way to the State level). He had to provide a copy of the piece he'd play to each of the 3 judges. We always xeroxed the piece, but, one time, we were told that was not acceptable; he should have provided the book he learnt the piece from. I ask you: a kid of 9 (as he was then), buying 3 copies of a book - each $50 (we did own the book he learnt the piece from) - so he can be a part of a little contest? Where's the sense? "Alternatively," said the judge "you should have requested permission from the publishers to copy". Write to Germany (and in what language? <g>), for permission to play a 4 minute piece in front of about 50 people?
I don't think that IOLI requires the entries in their proficiency category to come with a certificate from the designer approving their display; if they did, I doubt they'd have any entries in that area. All they ask is the source of the pattern.
For "Pauline's Heart" pincushion (displayed on the Lacefairy website; lots of possibility for stealing), I used - with a minor change or two (not even an "adaptation"; more like "interpretation") - a pattern published in an IOLI Bulletin. It had been drafted by Doris Southard; the diagrqm is hers, as it the photo of the lace which serves as a guide. The pattern was drafted from a photo of lace pictured on a postcard. I didn't ask Mrs Southard's permission to display my pincushion on Lori's website. I seriously doubt if Mrs Southad asked the postcard's producer's permisssion to reproduce the pattern. Possibly, the postcard maker asked the lace maker her permission to have the piece put on a postcard, but...
And what about lending a book of patterns to a friend? No? The friend should buy it instead? Well... What, then, about library books with lace patterns in them? And, even more, what about the *lace* libraries that lace groups/guilds build for their members? Should all those books be read/looked at "in situ" only, but never checked out? Or, maybe, only checked out with the permission of the author?
Which is why most designers will give permission for one to display one's
handiwork, crediting them, once one has asked them. However, they have the
right to be asked and the right to give permission. Or withold it, if one's
rendition is awful.
Ha! *And* give the reason, maybe??? Tell the - probably very pleased with herself - lacemaker: "sorry, ducky, but I think your rendition stinks, and I'd as soon you didn't mention my name in connection with it"? Thanks, but no, thanks <g> I'd much rather she didn't waste her time and mine asking; that way, she'll have her moment of glory, and I may never learn about it, and have to cringe :) I much prefer to cringe when I come accross, unexpectedly, a pattern of mine which has been rendered *better* than the original (Marie Zemanova's version of my "Swan" comes to mind)...
So, I agree with Jacqui and Karen; you can reduce this whole thing "ad absurdum", through excess of zeal and PC.
On the matter of what constitutes personal (and copyright-protected) property of the author, I agree with Carolina - depends on the lace. In some, it will be the overall shape (the line drawing, with or without pin-dots). In others - the most geometric ones - it will be the arrangement of stitches. In the most complex ones, it's likely to be both.
On the matter of kits-for-sale made from a copyrighted pattern, I'm afraid I'd have to agree with everyone else - it's a bit "too much", no matter what the cause. There, I'd *at least* ask permission. But, preferably, try and come up with a different idea.
--- Tamara P Duvall http://lorien.emufarm.org/~tpd Lexington, Virginia, USA (Formerly of Warsaw, Poland) Healthy US through The No-CARB Diet: no C-heney, no A-shcroft, no R-umsfeld, no B-ush.
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