Because the book isn't copyrighting the pattern. One of the things we found when photographing in European museums is that the rules are very strict on who the copyright of the photographed image belongs to. It definitely isn't the photographer. In some places where there is a strict no-photography rule (Verulamium, Wallace Collection etc), we were able to photograph providing that we signed a form saying that we would only used the photographs for research purposes, not for commercial use. Any copyright strictly stayed with the museum.
According to modern copyrighting laws the original copyrighting of the pattern in the fabric expired in the early 1400s. If the museum has copyright over it, then one would have to contact the museum, not the author or photographer. Glenda. -----Original Message----- From: h-costume-boun...@indra.com [mailto:h-costume-boun...@indra.com] On Behalf Of Lavolta Press Sent: Thursday, 13 May 2010 8:59 AM To: Historical Costume Subject: Re: [h-cost] Question of fair use As I've said, it's very curious that the same people who are so emphatic about their legal rights to do this or that and about civility, are so opposed to asking permission to use other people's copyrighted material. Why is that, I wonder? Fran On 5/12/2010 3:43 PM, Beteena Paradise wrote: > I'm confused about this. Why would someone who took a photograph of a piece of clothing from the 14th century own the copyright for the pattern of the fabric? Now, I could see contacting the museum or organization that owns the piece of clothing. But the photographer or author of the book? No way. > > > > > ________________________________ > From: "annbw...@aol.com"<annbw...@aol.com> > To: h-cost...@indra.com > Sent: Wed, May 12, 2010 11:26:46 PM > Subject: [h-cost] Question of fair use > > Have to side with Fran on this one. As a creator of intellectual property > that has been misappropriated myself, I can appreciate her vigilance. The > subsequent poster may be correct that the intended action was "fair use;" > however, remember that the intent of the original poster is to reproduce > the design on a fabric. Now, if she were weaving it herself (okay a stretch, > I admit, as it is brocade) for her own use, you might still be able to > claim fair use. But to turn over the design to a commercial weaver, who could > conceivably use it again to sell the fabric to someone else, well, I agree > that isn't fair to the author/artist. In that case, I would DEFINITELY > ask the author/artist for permission. > > Ann Wass > > > > > _______________________________________________ > h-costume mailing list > h-costume@mail.indra.com > http://mail.indra.com/mailman/listinfo/h-costume > _______________________________________________ > h-costume mailing list > h-costume@mail.indra.com > http://mail.indra.com/mailman/listinfo/h-costume > > _______________________________________________ h-costume mailing list h-costume@mail.indra.com http://mail.indra.com/mailman/listinfo/h-costume _______________________________________________ h-costume mailing list h-costume@mail.indra.com http://mail.indra.com/mailman/listinfo/h-costume
