Re: [lace] Channer mat-copyright

2014-01-07 Thread The Lacebee
If the copy shows significant origins in the original work it can be considered 
to either be an infringement (as in "but I didn't uses pricking, I just copied 
it from the photograph") or an heir, within copyright as in when we might take 
a pricking and change the ground and other elements but fundamentally it is the 
same pricking.  

Unfortunately, many people believe that there is a 10% rule on copyright (there 
isn't and it is in fact an urban myth). This is where people tell you that if 
you change 10% it's now your design. Complete rubbish and if you went to court 
and said "I was told by people that " You'd loose.  A copy is a copy, is a 
copy.  Another myth is that you can copy 10% of a book and be in copyright.  
Copyright actual is 'fair usage' so for a book of prickings it would be fair to 
copy all the prickings and maybe blow up working diagrams.  However, would it 
be fair to copy 10% of an art book and put the pictures in frames rather than  
by prints where money goes to the artist?  But it would be acceptable under 
copyright (but not under care of books) to take the illustrations out of a book 
and frame them.

There are so many prickings out there that I have to do that worrying over Ms 
Channer's mat and its availability is really a lost cause ... I happen to have 
an original copy of Christine 
Springett's bucks point fan which is my Ms Channer's mat but with so many books 
being copied and available to download on the web that are in copyright it is 
still,as I have said before, an important moral as well legal debate because it 
applies to all those gentle spiders who are designing lace now.


Kind Regards

Liz Baker

> On 7 Jan 2014, at 17:55, dmt11h...@aol.com wrote:
> 
> However, there appear to  be some 
> photo copies of patterns/prickings which are in the hands of Diana  Trevor 
> that do not have Miss Channer's name or mark on them and don't appear  ever 
> to have been published by her. In fact, they are not even exactly the same  
> as the photo in the book. One may be part of a collection of patterns given 
> by  Pat Payne to the Alby museum, and one comes from the archive of Vi 
> Bullard.

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Re: [lace] Channer mat-copyright

2014-01-07 Thread Bev Walker
Maybe, maybe not. Depends on the skill of the defense!

I should say that the mat doesn't appeal to me at all. If ever a copy of
this pattern falls into my hands, I'm giving it away to the first taker ;)

On Tue, Jan 7, 2014 at 10:45 AM, Jean Nathan  wrote:

> Bev, I don't think claiming learning to make Floral Bucks would be
> believed - it's hardly something you'd learn on. And I don't think for
> self-satisfaction would count as educational either.
>
>
-- 
Bev in Shirley BC, near Sooke on beautiful Vancouver Island, west coast of
Canada

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RE: [lace] Channer mat-copyright

2014-01-07 Thread Jean Nathan
Bev, I don't think claiming learning to make Floral Bucks would be believed -
it's hardly something you'd learn on. And I don't think for self-satisfaction
would count as educational either.

There might not have been a lawsuit regarding the mat, but didn't someone say
that action had been taken regarding another Ruth Bean publication?

Jean Nathan in Poole, Dorset, UK

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Re: [lace] Channer mat-copyright

2014-01-07 Thread Bev Walker
Hello everyone

On Tue, Jan 7, 2014 at 10:22 AM, Jean Nathan  wrote:

>  Use for educational purposes is allowed (but
> I don't think saying you are using it to learn Floral Bucks would count as
> educational!)
>

But why not? Sounds reasonable.

In all this, has there ever been a lawsuit re Miss Channer's mat?

-- 
Bev in Shirley BC, near Sooke on beautiful Vancouver Island, west coast of
Canada

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RE: [lace] Channer mat-copyright

2014-01-07 Thread Jean Nathan
Devon wrote:

> Copyright law is different in the US versus Britain, and I  don't know
> anything about British copyright law.
> Is it the case that Miss Channer went through the formal  process of
> copyrighting the design of the mat? If so at what date?<

In the UK there is no formal process of copyrighting. It's described in full
in plain English on:

http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law

A couple of important points as far as we are concerned with Miss Channer's
Mat, including the fact that copyright for it lasts for 70 years from the end
of the calendar year in which Miss Channer (if she designed it) died:

3. Types of work protectedLiterary  - song lyrics, manuscripts, manuals,
computer programs, commercial documents, leaflets, newsletters & articles etc.
(70 years)
Dramatic - plays, dance, etc. (70 years)
Musical - recordings and score. (70 years)
Artistic - photography, painting, sculptures, architecture, technical
drawings/diagrams, maps, logos. (70 years)
Typographical arrangement of published editions magazines, periodicals, etc.
(25 years)
Sound recording - may be recordings of other copyright works, e.g. musical and
literary. (50 years)
Film - video footage, films, broadcasts and cable programmes. (70 years)
The Copyright (Computer Programs) Regulations 1992 extended the rules covering
literary works to include computer programs. (70 years)



 4. When rights occurCopyright is an automatic right and
 arises whenever an
individual or company creates a work. To qualify, a 
work should be regarded
as original, and exhibit a degree of labour, 
skill or judgement. (Some
authors/designers send a copy of their work to themselves or their solicitor
by registered post and lodge the sealed envelope with their solicitor before
publication to prove it's their work if it never gets published.)

5. Who owns a piece of workNormally the individual or 
collective who authored
the work will exclusively own the work and is 
referred to as the ‘first owner
of copyright’ under the 1988 Copyright, 
Designs and Patents Act. However, if
a work is produced as part of 
employment then the first owner will normally
be the company that is the
 employer of the individual who created the work.
(Which would mean Ruth Bean owns the copyright if she employed Patricia Bury
to produce the version they published as the supplement to "In the Cause of
English Lace".)

It also states what is and is not permitted - it's an offence to copy work
without the consent of the owner. Use for educational purposes is allowed (but
I don't think saying you are using it to learn Floral Bucks would count as
educational!)
Jean Nathan in Poole, Dorset, UK

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Re: [lace] Channer mat-copyright

2014-01-07 Thread Dmt11home
It is undoubtedly the case that the heirs of Mrs. Channer own  copyright to 
the photo in the book published in 1928. However, there appear to  be some 
photo copies of patterns/prickings which are in the hands of Diana  Trevor 
that do not have Miss Channer's name or mark on them and don't appear  ever 
to have been published by her. In fact, they are not even exactly the same  
as the photo in the book. One may be part of a collection of patterns given 
by  Pat Payne to the Alby museum, and one comes from the archive of Vi 
Bullard. Is  there any reason to believe that the rights to these unpublished 
works are owned  by her heirs? Is it possible to exert rights to a technical 
drawing, by  publishing a photograph of an object, not having published or 
registered the  original drawing?
 
Devon
 
 
In a message dated 1/7/2014 12:32:49 P.M. Eastern Standard Time,  
thelace...@btinternet.com writes:

It is  the act of publishing that causes written work to be copyrighted and 
for craft  it is the exhibition or selling of the work that copyrights 
this.  From  the research that I have seen this is the same for all legal 
systems based on  the UK or European systems or which have origins in the UK 
system or European  systems (such as The US and Australia)

Certainly the fact that the  pricking has been published would cause it to 
come under  copyright.

Creative works do not have to necessarily be published to  fall under 
copyright protection.  If I write a sing and play it to you  and yeas later a 
major part of your song happens to be the same or reasonably  similar to my 
original I can claim infringement. I have to prove earlier  authorship and that 
you had access to my material. In addition there would be  liability of 
your friend wrote a piece based on my work but had not head mine  directly but 
had heard a version from you that you sang remembering  mine.  There would 
be a joint but not equal liability  there.

Imitation may be the best form of flattery but it also carries  liability.

By published a photograph of her work in the 1920s and it  being clearly 
stated that she was they designer of the work, Miss Channer  deminstrated 
copyright

Kind Regards

Liz Baker

> On 7  Jan 2014, at 16:08, dmt11h...@aol.com wrote:
> 
> Copyright law is  different in the US versus Britain, and I  don't know 
> anything  about British copyright law.
> Is it the case that Miss Channer went  through the formal  process of 
> copyrighting the design of the  mat? If so at what date?
> Devon

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Re: [lace] Channer mat-copyright

2014-01-07 Thread The Lacebee
It is the act of publishing that causes written work to be copyrighted and for 
craft it is the exhibition or selling of the work that copyrights this.  From 
the research that I have seen this is the same for all legal systems based on 
the UK or European systems or which have origins in the UK system or European 
systems (such as The US and Australia)

Certainly the fact that the pricking has been published would cause it to come 
under copyright.

Creative works do not have to necessarily be published to fall under copyright 
protection.  If I write a sing and play it to you and yeas later a major part 
of your song happens to be the same or reasonably similar to my original I can 
claim infringement. I have to prove earlier authorship and that you had access 
to my material. In addition there would be liability of your friend wrote a 
piece based on my work but had not head mine directly but had heard a version 
from you that you sang remembering mine.  There would be a joint but not equal 
liability there.

Imitation may be the best form of flattery but it also carries liability.

By published a photograph of her work in the 1920s and it being clearly stated 
that she was they designer of the work, Miss Channer deminstrated copyright

Kind Regards

Liz Baker

> On 7 Jan 2014, at 16:08, dmt11h...@aol.com wrote:
> 
> Copyright law is different in the US versus Britain, and I  don't know 
> anything about British copyright law.
> Is it the case that Miss Channer went through the formal  process of 
> copyrighting the design of the mat? If so at what date?
> Devon

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[lace] Channer mat-copyright

2014-01-07 Thread Dmt11home
Copyright law is different in the US versus Britain, and I  don't know 
anything about British copyright law.
Is it the case that Miss Channer went through the formal  process of 
copyrighting the design of the mat? If so at what date?
Devon

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