I think that the Cecil Higgins Museum is missing a bet when  they don't 
sell a high def scan of this mat. Where is their  initiative?
 
Is there any evidence that Ruth Bean actually obtained  ownership of the 
original design when they did the work of pricking and having  someone make 
the piece? If not, then they own the copyright to their work, the  pricking 
and the interpretation of it by Patricia Bury, assuming that she didn't  keep 
the right to that. I think that the working up of the pattern is a lot more  
of a bit of creative work than the making of the pricking. In fact, where 
is  Mrs. Dixon in all this, since she worked the original mat circa  1926.
 
Perhaps, Ruth Bean obtained the right to make and publish  the pricking 
from Miss Channer or her heirs, but not exclusive rights to  the original 
design, much as in my writing I grant the right of first  publication to the 
IOLI, but retain the copyright. The IOLI has copyright to the  font and the 
layout only, because those are the things they added to my  work.
 
If the copyright to the design resided in Miss  Channer, I suppose it would 
have passed to her heirs when she died.  Does anyone know who her heirs 
are, and whether they have any interest in  suppressing the use of her designs. 
Perhaps, if asked, they would feel that she  would have wanted to share the 
work. (They might even want to give it to  Creative Commons.) 
 
 In the event of a court case regarding who owns the  rights to a design, I 
believe it is customary to present work that shows the  development of the 
design through various stages, rather than to simply accept a  verbal claim 
to the design. As such, I doubt that anyone has a portfolio of  Miss 
Channers's design development that they could use to support a claim that  she 
developed the design. In fact, if you had such a portfolio it might actually  
illuminate a different scenario, that she may have adapted it from a  
traditional design or someone else's design, possibly even a piece of lace she  
purchased. 
 
Another issue, is whether in fact Miss Channer owned the  copyright. 
According to Diana:
 
A picture of the original mat appeared
in Miss Channers book 'Practical  Lacemaking' published in 1928. "Worked by 
a
student at the Bedford Technical  Institute. Design by C.C. Channer". 
 
If Miss Channer was an employee of the Bedford Technical  Institute the 
design might well be "work for hire" in which case it is the  Bedford Technical 
Institute or its successors who owns the copyright. (At least  that is how 
it would be in the US.)
 
Devon

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