Post Titles
Apologies Carol! I forgot to change the heading when I posted...I'm not
accustomed to this list yet. I will try not to forget in the future!
Custom Brocade
Zuzana, I look forward to your updates also!
Copyright (was Civility)
Sharon, I'm ignoring the question of fair use of a copied page from a
publication (either physical or digital via the Internet) and speaking only to
intellectual rights:
The copyright holder can only charge or withhold approval for use of their
intellectual property - in this case whatever text they created and the actual
photos used (unless the photos were used by permission of another
author/photographer...then you'd have to hunt THEM down!).
If a reader of the publication decides to create a fabric based on their
*personal* interpretation of that photo, or any other image of the object, they
have every right to do so, so long as they aren't simply printing a digital
scan of the photo/document onto the fabric - it has to be obviously different
from the original document. An artist creating a garment in the shape of the
pourpoint, where the fabric was printed with one or more repeats of said
photograph, would have to have the copyright owner's permission to use the
image in that way.
If the author had posted a conceptual weaving draft of the fabric, without
giving permission for use in the text of the book, you would have to ask
permission to use *that draft*, or one reasonably similar, unless you could
prove that you had prepared your draft prior to seeing the draft in question
(parallel development).
No one can take and publish a photograph of a historical item and thereby have
copyright on the physical or surface design of said historical item. Even if
they DREW a picture that was their interpretation of that design, they only own
the copyright to the drawing, not the historical design it was based upon. The
process of drafting that design into a woven brocade is sufficient difference
to not be a violation of copyright, unless, say, you used a computer program to
precisely duplicate the graphic either in the woven item, or on its surface
(see above).
Donna Hawk
Sometimes people put up walls, not to keep others out, but to see who cares
enough to break them down.
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