In message <[EMAIL PROTECTED]>, Tamara P
Duvall <[EMAIL PROTECTED]> writes
>Do you think I'd be within my rights if I screamed bloody murder, 
>copyright infringement and rotten ethics, if I saw a piece, made on my 
>pattern, being sold?

Well, as was said earlier, once you have given something to somebody (no
matter where you got it from), you have no control over what that person
does with it, it is theirs to sell if they wish.

Would you rather, Tamara, see a piece of lace, made to your pattern, in
the ownership of someone who appreciates it (having bought it off
someone else, maybe - you would have to want it to pay for it, after
all) or would you rather it had to be destroyed when the person it was
given to no longer wanted it, because they couldn't sell it? Think of
all the lace that gets passed in auction houses, being sold because the
previous owner died; how many of us would be deprived of being able to
study the lace in major collections if the lace, being made to someone
else's pattern (few of the cottage workers were designers!), couldn't be
sold, and thus the only alternative would be to destroy it? 

In most copyright issues, whether a copy is given or sold is irrelevant,
it is making the copy that breaks the copyright. We have already had
lengthy discussion as to whether making the lace (ie the intended use of
the pattern) is breaking copyright of the book or not. Therefore, if
passing on the lace (giving or selling) is a breach, the only
alternative if you don't want to keep it is to destroy.

There is a huge difference here, though, between making lace, giving it
to someone who then disposes of it in whatever way, and making lace by
the bucket load from someone's pattern and selling it to make money for
oneself. It is the latter that most designers at least want the credit
of the design for, if not royalties. Hence the reason in that case why
if you intend to produce to sell, you should ask permission first.




-- 
Jane Partridge

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