In message <[EMAIL PROTECTED]>, Brenda
Paternoster <[EMAIL PROTECTED]> writes
>Vivien wrote:
>
>> Hi, we are one of the biggest designers of Torchon lace  patterns. 
>> They are,
>> in English law, copy right.

The main problem with Torchon patterns, as suddenly hit me when I saw
the pattern books at Nottingham Trent University some years ago, is that
it is very difficult to design a truly original piece that has never
been done before, and I doubt that many designers do all of the
necessary research into what has been done before to ensure that by
publishing "their" design they are not, in fact, breaching someone
else's copyright. Even if the original was produced in the 1800s or
before, it is possible that the copyright still exists - as far as I am
aware the rights can be inherited, despite the original designer having
been dead longer than x years. This means that although I design
patterns for my students to use, I am wary of claiming copyright for
anything that looks as if it could, and probably has, been designed many
times before - re-inventing the wheel, so to speak. Think how many
pieces you have seen in books where the pattern source is quoted as
"traditional". At least with redrafting a Bucks piece from the lace
there is a good chance the angle of the ground has changed! Torchon only
really changes angle when it is distorted into a logarithmic or circular
pattern - in which case, it would be a question as to whether the
distortion caused enough change from the original straight version not
to cause a breach - definitely a minefield.

I understood that you could sell on the original if you didn't keep
copies of any of the pages. The sticky question arose locally some time
ago as to what happens with prickings left behind by someone who has
died - where the source of the pattern is unclear - should they be
destroyed? I see no problem in loaning a pricking which I have used to a
student unable to make the pricking herself, when I know that she also
owns a copy of the book that the pattern is in. My lot know perfectly
well what response they will get from me if they turn up with a pattern
that has not been copied legally! 

Basically, it is down to common sense. Find out who owns the copyright
of the pattern, if you are not making one piece of lace for your own use
(which was, after all, the reason why the pattern was published!) ask if
it is OK to use it for whatever purpose - and quote the source details
for any adaptation you make. For those whose livelihood depends on their
design work, theft of patterns by copying hurts deeply - and possibly
even takes food from their mouths - but on a personal note, because I
share my patterns, and don't sell them, I am happy for my patterns to be
used to help needy causes - eg using the patterns to make lace to sell
for charitable purposes - and the biggest compliment of all was the
phone call I had last year to say that one of my (Bucks) patterns had
been used as the basis for a chapter in a book! 

It is also nice to get feedback as to what people think of the patterns
that you have designed - as to whether it is worth carrying on, or
whether to just crawl back under your shell :-)
-- 
Jane Partridge

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