In a message dated 8/25/04 8:14:27 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:


> If making items for money raising is against copyright, then woe be tide to
> all those who purchase Family Circle magazine and the like for putting
> patterns in their magazine for just that purpose.
> 
> I think there is a point where the copyright issue becomes just a silly bit
> of nonsense.  If you're making items to raise money for a cause, I would say
> make them, sell them, and if someone wants to come sue you, let them come.
> Imagine how silly THEY would look, having their attorney send a nasty letter
> to the care home about the abuse of coypyright.
> 

Dear Lacemakers,

If a magazine or book or individual releases a copyright for use by 
charitable organizations or whatever, that is their decision and they will put it in 
print.  Once an individual sells a design to a magazine, the design belongs to 
the publisher.  It all depends on the agreement signed, and on what the 
magazine tells readers it is OK to do with what it has published.

Big businesses think nothing of suing.  They have staffs of lawyers, and are 
able to keep them busy earning their keep.  We had a case here where a family 
restaurant was sued by the company with the golden arches, because their name 
was the same and they put it on the family restaurant with the name "Cafe", or 
something like it following their surname.  It was a terrible situation, 
because an individual cannot afford to pay lawyers to defend his right to his name 
on his business.  There was no mistaking this was a small-town restaurant, 
but that did not matter.  They were forced to change the name or go out of 
business.  You can be sure many companies go to court with "little people" every 
day.  

In another example - on a daily basis, NY City police confiscate bogus copies 
of handbags, watches, etc. being sold by sidewalk venders right in front of 
high-end shops, and the fashion designers do take the thieves to court for 
abusing their rights.   It is so common - going to court - that many people do not 
see stories of it highlighted in the media.  The fact it is common does not 
make it OK or lawful.

A needlework designer is usually self-employed, and may depend on her designs 
for income.  There are legal protections in place for these people.   If a 
member of your family was trying to earn money as a designer in order to support 
herself/himself, and people were ripping off the original designs through 
copying them or making kits available to copy them, you would be outraged.  Just 
because you do not know the designer does not make it OK.

The Embroiderers' Guild of America and the American Needlepoint Guild publish 
excellent attorney-prepared articles about copyright in their bulletins on a 
regular basis, because copyrights are so frequently violated and they want 
their members to be aware of what "not to do".  And they want their teachers to 
be protected.  

Copyright infringement happens to be a real problem for designers, authors, 
teachers, etc.  They have spent large sums of money to learn their craft and 
market it to educational organizations, publications or manufacturers, and what 
they produce should never be stolen - any more than we would think it OK for 
someone to pump gas and drive away without paying just because the vehicle 
belonged to a charity.

Jeri Ames in Maine USA 
Lace and Embroidery Resource Center

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