Re: [lace] Pattern for bobbin lace classes

2005-05-24 Thread Ilske Thomsen

Hello Robin and all other lacefriends,

It's my understanding that copying pages for use in a class was covered
under the fair use clause of copyright.  In other words, it would not
be a violation of copyright to use patterns from published books.  Of
course, that may vary in other countries.
It is not so really clear and because for some of us  happened that 
they found their own designs with another name some people are 
meanwhile a bit critical.
Some years ago a lawyer told me if the name of the origin person and 
the source is written on the sheet and if you don't asked for more than 
the price of the copy (in our country not so much private copier exist, 
we go to the copy-shop) it is allowed. But some book-writer don't like 
this. It is a difficult thing.

And I know that the DKV try to find an answer for this problem.
Greetings

Ilske

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Re: [lace] Pattern for bobbin lace classes

2005-05-24 Thread Thelacebee
In a message dated 24/05/2005 12:25:27 GMT Daylight Time,  
[EMAIL PROTECTED] writes:

Hello  Robin and all other lacefriends,
 It's my understanding that copying  pages for use in a class was covered
 under the fair use clause of  copyright.  In other words, it would not
 be a violation of  copyright to use patterns from published books.  Of
 course, that  may vary in other countries.
It is not so really clear and because for some  of us  happened that 
they found their own designs with another name  some people are 
meanwhile a bit critical.
Some years ago a lawyer told  me if the name of the origin person and 
the source is written on the sheet  and if you don't asked for more than 
the price of the copy (in our country  not so much private copier exist, 
we go to the copy-shop) it is allowed.  But some book-writer don't like 
this. It is a difficult thing.
And I  know that the DKV try to find an answer for this  problem.
Greetings

Ilske



Apologies for quoting the whole of the email but I wanted to put my  reply in 
context.
 
Last year, during our last foray into copyright law, I contacted the UK  
Patent's office about the copyright on lace patterns within the UK.  They  were 
very helpful and agreed with me that the fact that you have to photocopy  your 
lacebook in order to make the design puts us in a very different position  to 
most other book users.
 
Think about it - If we want to work our way through a book of patterns we  
need to photocopy the pattern (probably about 45% of the book which already  
takes us over what is normally allowed) - then, we are often encouraged to copy 
 
the diagram of the pattern and enlarge it so that we can work from it - so by  
the time we've done it all we could have copied about 75% of the book.
 
But, and this is the biggy ... we have bought the book and by buying it  have 
entered into a contract which allows us to copy the patterns for OUR OWN  use.
 
Copying pages for class, under UK Law is a violation of the copyright which  
allows us to make copies for our OWN use - i.e. that we make the item not that 
 we are using them to teach from.
 
Now US Law is different as a ruling has now been made.  According to  the 
Copyright Handbook by Stephen Fishman, with deals with US Copyright  law: 

Fair use of out of print works

The drafters of the  Copyright Act and the Supreme Court have suggested that  
a user may  have more justification for reproducing a work without permission 
if   it is out of print and unavailable for purchase through normal channels. 
 
(Harper   Row v. Nation Enterprises, 471 U.S. 539 (1985).) Thus,  most 
courts 
give  users more leeway when they quote from or photocopy  out-of-print 
works. 
But this  does not mean that any amount of material  from out-of-print works 
may 
be used  without permission.
 
The advice that I was given in the UK for out of print work is very  
interesting as I was told that the Copyright law protects against the copying 
of  a 
work.  The right lasts for the life of the author, and for 70 years after  the 
author's death.  In addition, in the UK, the publisher also has a right  in the 
layout etc. of the book, which lasts for 25 years.
 

If a work is out of print, this does not negate the copyright, or the  
duration given above.   In the UK there are limited exceptions to  copyright, 
for 
fair dealing purposes such as private research, private  study, criticism, 
review and news reporting etc, but these are limited in scope,  and will not 
allow the copying of large sections of a book etc.  If the  author has not 
indicated to what extent she may or may not allow copies of the  work to be 
made, it 
may well be that making a single copy for your own use  would not be 
considered fair dealing under the law.  Your actions could  then constitute an 
infringement of copyright.
 
This advice corroborates the position that the publishers Ruth Bean took  
over the pricking for Miss Channer's mat - which caused this debate to happen  
last time.  They were saying that whether or not Miss Channer was dead, or  her 
original book out of copyright, by redrafting the pricking they now had  
copyright over the pricking as issued - i.e. the layout as mentioned  above.
 
There is a worry that with some of our favourite designers stopping from  
producing patterns that we could be loosing patterns - but there are two issues 
 
here to remember - 1) there are more patterns out there than we could make in 
a  lifetime and 2) once you have finished with a pattern and your pricking 
then you  can always give it on to another lacemaker to have and keep.
 
Such sequential ownership of patterns is not an issue as you relinquish  
rights to it with passing it on.  However, to give the pricking and not the  
original pattern is an infringement of copyright as you have the ability to 
make  
another pricking from the pattern.
 
Multiple copies of a pricking from one book is infringement of copyright so  
by using a pattern 

Re: [lace] Pattern for bobbin lace classes

2005-05-23 Thread robinlace
It's my understanding that copying pages for use in a class was covered 
under the fair use clause of copyright.  In other words, it would not 
be a violation of copyright to use patterns from published books.  Of 
course, that may vary in other countries.

Robin P.
Los Angeles, California, USA
(formerly  Pittsburgh, Pennsylvania)
[EMAIL PROTECTED]

- Original Message -
From: [EMAIL PROTECTED]
 to know, which patterns/prickings you use in the courses you teach?
 Do you draw your own prickings and your own course? (Copyright 
 reasons) or what could I use? 

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Re: [lace] Pattern for bobbin lace classes

2005-05-23 Thread Sue Babbs
I had thought that it was only fair use to copy pages for use in the class 
if the pupils  owned the book in question. Is that not the case here in USA?


Sue Babbs
- Original Message - 
From: [EMAIL PROTECTED]

To: lace@arachne.com
Sent: Monday, May 23, 2005 2:03 AM
Subject: Re: [lace] Pattern for bobbin lace classes



It's my understanding that copying pages for use in a class was covered
under the fair use clause of copyright.  In other words, it would not
be a violation of copyright to use patterns from published books.  Of
course, that may vary in other countries.

Robin P.
Los Angeles, California, USA
(formerly  Pittsburgh, Pennsylvania)
[EMAIL PROTECTED]


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Re: [lace] Pattern for bobbin lace classes

2005-05-23 Thread Alice Howell

At 05:26 PM 5/23/2005, you wrote:
I had thought that it was only fair use to copy pages for use in the 
class if the pupils  owned the book in question. Is that not the case here 
in USA?


That was my understanding, also.  We require each student to own the book 
when we have students.  The book owner can copy a pattern for her own use 
but not to pass out to other people, without permission of the 
author.  That's why some people prefer to draft their own beginning 
patterns.  If you own the pattern, you can give it out to as many people as 
you want to.


Each student should have a good, basic reference book, anyway.  That way 
the student can work independently if or when needed.  We do use one of the 
less expensive books so the cost is reasonable to get started.  The cost of 
all the supplies to get started is less than two tickets to a stage play in 
Portland, or a professional ball game, or dinner for two at an upscale 
restaurant.


Our local guild has beginner equipment to borrow (with a deposit) for 
someone who wants to start in a hurry.  But we do expect them to get a book 
for themselves.  The book we use is usually available on eBay or a book 
seller web page at a discount if someone wants to pinch pennies.  (I try to 
keep one on hand at all times since we no longer have a book source in this 
town.)


The choir at church has to buy a copy of a song for each choir 
member.  They can't buy one and copy it for the rest of the choir.  The 
local live theatre has to buy a script for each member of the cast instead 
of making copies.  So.the same thing applies to lace books.  You can 
copy for your own use, but not for other people.


Sorry, teachers.  Draft your own patterns, or have your students each get a 
book.  Thats my understanding of the copyright law in the USA.


Alice in Oregon -- with a spell of summer this week.  And waiting for 
notification of IOLI conference classes. 


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[lace] Pattern for bobbin lace classes

2005-05-22 Thread eberhard . dewille
Dear Arachneans,

finally I decided to advertise a beginners course in bobbin lace in autumn. I 
would like 
to know, which patterns/prickings you use in the courses you teach?
Do you draw your own prickings and your own course? (Copyright reasons) or what 
could I use? 
I don't think it is realistic to ask the beginners before they even have a 
first go to by a 
printed course book.

Thanks for your help.
Martina in Germany

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Re: [lace] Pattern for bobbin lace classes

2005-05-22 Thread Sue Clemenger

I'm emerging from serious lurkdom, hereg
I took an online bobbin lace class a couple of years ago from Bjarne, 
who, I think, also lurks on this list.  If I recall correctly, he used 
some of his own designs, as well as some historical ones.  I also had 
access to some books on bobbin lace that were relatively inexpensive and 
relatively easily available, at least here in the US.  I don't have any 
idea what would be available in Germany, or in Europe-in-general, let 
alone things that are oriented for non-English speakers (I've only got 
two non-English lace books [both Danish] and even they've got some 
English text).  If there's a relatively inexpensive book available to 
you, perhaps you could use that? Or internet sources, if your students 
are likely to have internet access? Or perhaps patterns that are 
copyright free?
It also occurs to me that perhaps you could make arrangements with local 
museums, if you have any that have lace in their collections. 
Sometimes, they'll allow things for educational purposes that they 
wouldn't otherwise.
Most of the beginner-oriented stuff I've seen here in the US seems to 
start folks off with some form of Torchon lace, probably because it's 
relatively coarse and easy to learn.  Starting with work on short bits 
appropriate for use as bookmarks, and working through simple edgings to 
more complex ones

Hope this helps
Sue in Montana (NW corner of the US), where she doesn't have nearly 
enough time for her lace making, because she made the mistake of 
discovering how fun it is to spin and weave her own fabrics;o)


[EMAIL PROTECTED] wrote:


Dear Arachneans,

finally I decided to advertise a beginners course in bobbin lace in autumn. I would like 
to know, which patterns/prickings you use in the courses you teach?
Do you draw your own prickings and your own course? (Copyright reasons) or what 
could I use? 
I don't think it is realistic to ask the beginners before they even have a first go to by a 
printed course book.


Thanks for your help.
Martina in Germany



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[lace] Pattern for bobbin lace classes

2005-05-22 Thread Jane Partridge
In message [EMAIL PROTECTED], [EMAIL PROTECTED]
writes
finally I decided to advertise a beginners course in bobbin lace in autumn. I 
would like 
to know, which patterns/prickings you use in the courses you teach?

I use my own patterns, or those for which I have obtained permission to
use (in which case the students are asked to buy their own copy). 

Does the German Lace Guild produce anything in the same way that The
Lace Guild in the UK does? The guild's book Introduction to Torchon
Lace is less than five pounds, so I don't have any problems with asking
students to buy it. At least then they have a back up (along with the
handouts I have produced on various techniques) for working at home. You
will, I assume, need something with the text in German!

Sorting out your own paperwork in advance, and planning the basis of
your course (which may or may not be thoroughly revised after the first
session with the students) at least gives you a chance to plan what you
are intending to teach them, to work out what you can reasonably expect
of them (remember they will all learn and work at differing speeds!) and
give you an idea of what you need to take with you (if the class is to
be away from home) or get out ready on the day. 

It is also a good idea to consider insurance - you will need liability
cover, and if you are teaching at home, consider whether this has any
implications on your household insurance and any restrictions on
lease/rental agreements etc. In the UK we can insure our classes through
the Guild, as long as we are Guild members.
-- 
Jane Partridge


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