I totally agree with you, Devon...  The pattern itself isn't
the issue - it's the principle.  Another arena of
intellectual property is computer software, and although I
think that software has a much wider market, the method some
developers have adopted of "shareware" has been quite widely
used.  I'll admit that I have no knowledge with regard to
how well this has "paid off" to the developers.

At any rate, if a person chose to develop a pattern and post
it in "shareware" form, people who downloaded the pattern
could pay accordingly.  Beyond the time spent developing the
pattern, there would be no cost to the person who owns the
rights to the pattern.  Any income would be profit.  A bonus
for the designer could be that the pricking could be
downloaded in shareware... but to get the diagram, you'd
have to pay the fee...

Clay

----- Original Message ----- 
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, August 27, 2003 7:02 PM
Subject: Re: [lace] Miss Channer/enforcement issues


> As, I understand it, the principle behind copyright law is
to encourage
> creativity by ensuring that those who invest effort in a
pattern or other
> intellectual property may profit from it. Publishers who
take the risk in publishing
> the work are also deserving of the right to profit. I
believe whole heartedly in
> this principle. I pay top dollar for lace books with the
hope that the
> publisher will continue to print them and the creator will
continue to create them.
> It breaks my heart when I hear a gifted lace person regret
ever having spent
> the time writing a book, and this happens quite often.
> I get a little confused though when the fact pattern gets
as convoluted and
> distorted as the Channer Mat problem. Ruth Bean constantly
asserts that there
> is no profit to be made from this pattern. I have no doubt
they are correct. It
> is rare that you hear that anyone has made any money
publishing a lace book.
> The market is extremely small. They already published it
once, thus saturating
> the market. It is entirely doubtful that they would ever
publish it again. I
> am not sure what the minimum print run is that can be
profitable. I am sure it
> is not 100. It is probably not 1000. If Ruth Bean keeps a
list of everyone
> who wants the pattern with the idea of publishing when it
gets to 1000, I think
> that it will take 20 years and the people who put their
names on the list
> first will be dead, so there will still not be a thousand
people who want the
> pattern even then. There are roughly 7,000 lacemakers in
the English speaking
> world. Probably 500 have the pattern. Probably 6,400 don't
want it. I don't blame
> Ruth Bean for not wanting to take a financial bath by
republishing Channer's
> Mat.
> So, if there is no profit in the pattern, hypothetically,
copying it doesn't
> sound like it is hurting them. If you were,
hypothetically, to say the profit
> on each pattern was $10 and they suffer a $10 loss if you
photocopy the
> pattern, they could sue you for $10 according to Tom. I
even asked them if they
> would allow people to photocopy the pattern and send them
the amount that they
> would consider the profit, ie. $10 and they said no. It is
too much trouble for
> them to accept the individual $10 sums. This is entirely
understandable. Maybe
> someone should offer to handle the paper work of clearing
the checks from
> "honor payments" so they could receive it in a yearly lump
sum which would be
> cheaper for them to process.
> Meanwhile, of course, the pattern is selling on e-bay and
the second hand
> market. When these sell the dealers profit,
extraordinarily. No money is kicked
> back to Ruth Bean or Channer, or Bury. Theoretically
people could sell one copy
> to each other, copy for their own use, sell to another.
Personally, I would
> rather see the creators or the publishers profit in order
to encourage
> creativity and the publication of more lace patterns.  I
appreciate the role that used
> book sellers play and that they work quite hard. However,
it would make more
> sense in terms of accomplishing the goals of the copyright
law to photocopy
> the pattern and use the $70 you would pay on e-bay for the
pattern to take the
> president of Ruth Bean, Bury and the Channer heirs out to
dinner as a special
> thank you for creating and publishing it originally.
> Morally, I find the whole thing quite confusing. Mind you,
I don't even want
> a copy. My skills aren't up to it and I don't think it is
all that pretty.
> Devon
>
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