Steph's example is absolutely correct in this country as
well.  But here, it is possible to buy the original AND to
purchase the residuals as well.   As an example, a young
artist in Virginia painted a picture of a scene depicting an
historic event.  A doctor in the town bought the painting
AND the residuals.  The artist continued to paint, and
became quite successful, with *prints* of his paintings
(signed and numbered, but NOT the originals!)  fetching
handsome sums.  The doctor continues to own the right to
print the artist's first painting, and continues to make
money on this every year...  though not a fortune, by any
stretch of the imagination.  But collectors love having that
"first"...

Established writers, painters, lace designers, etc., etc.,
are more savy and know better than to sign away their
rights.  Caveat to the uninitiated...

Clay


----- Original Message ----- 
From: "Steph Peters" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, August 24, 2004 7:59 PM
Subject: Re: [lace] pattern copyright and adaptations


> On Tue, 24 Aug 2004 08:55:06 -0700, Weronika wrote:
> >On Mon, Aug 23, 2004 at 08:29:12PM -0700, Adele Shaak
wrote:
> >> Your bookmark sounds like an adaptation to me.
> >
> >Which means: I can put a picture on my website, but not
the pricking, and I
> >should name the source - correct?
>
> Not in my opinion.  Many people do this, but I believe it
is a breach of
> copyright.  A completed piece of lace is a 'derivative
work' from the
> pricking, and is subject to just the same copyright
limitations as a
> straight copy of the pricking.  So you should ask the
copyright holder for
> permission to display the picture of the finished lace.
I've asked quite a
> lot of designers for permission for pieces on my website,
and so far no-one
> has said no.  Most look on it as good publicity I think.
>
> To help understand why this is so, consider a similar
situation.  I bought
> an oil painting by E B Watts of a teapot shaped like a
cauliflower in a
> field of carrots.  The painting I bought is the one and
only oil original.
> However, I didn't buy the copyright to the image, only the
physical painting
> itself.  So E B Watts can (and I believe has) sell prints
of the painting I
> own.  She can produce Christmas cards with that image on,
I can't.   The
> image still belongs to her, unless she chooses to sell it.
This is
> important because obviously it enables her to continue to
earn money from
> her idea.
>
> --
> I love children, especially when they cry, for then
someone takes them away.
> Nancy Mitford
> Steph Peters, Manchester, England
> [EMAIL PROTECTED]
>
> Scanned by WinProxy
> http://www.Ositis.com/
>
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