Re: Attn: Copyright Law Experts

Dianne Lewandowski wrote:
Ericka Kammerer wrote:
Yes. It is often not difficult to get permission from
the copyright owner. As awareness of this grows, some copyright
owners are including a statement on the chart that allows the
chart owner to stitch the design multiple times, sometimes limiting
it to multiple times for personal use.

Since when? As I understand it, you can make as many as you want provided you don't sell them (such as at a bazaar or for business purposes, such as sewing a dress 50 times), or give them away. If it's for your own use, there is no problem.

Not true. The law is, and always has been, that unless
otherwise specified or you get permission from the copyright holder,
you are granted only the right to turn one chart into one finished
instance. Period. Doesn't matter what the use is or whether you've
received money for it. The law is quite clear on that if you talk
to copyright attorneys.
Now, it is certainly the case that many designers are
unaware of this. As they become more aware, many are including
explicit permission on the chart. Others want to retain the
right to review on a case by case basis but have no problem
granting permission to most who ask. It is the intent of many
designers that people can make multiple copies from a chart,
at least for their personal use, so it's typically not a problem
to get permission if you can get in contact with the copyright
holder. I think more and more designers will make their intentions
clear on their charts as people become more aware of this. I
think needlework has been such a small market that these sorts
of issues just haven't really risen to the surface in people's
minds until fairly recently.
Also, if you are just making multiple instances for
your personal use, it's unlikely that anyone would discover
this, or care if they did. But if the question is what the
law permits, then the law technically permits you to turn
one chart into one stitched instance.

That being said, there are a few needlework designers (I think MLI is one) who at one time was printing that "notice" on patterns. I believe she has discontinued the practise?

That I don't know about. I haven't looked at one of her
charts recently.

Best wishes,
Ericka
.

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