> > you raised a couple of interesting questions. Copyright law recognizes 
> > that there is a process by which a copyright image or creation becomes 
> > changed, changed again, and further changed, and eventually is no 
> > longer the original image or creation at all. Unfortunately there is no 
> > hard-and-fast way to decide exactly where "adaptation" stops and  
> > "inspired by" begins.

Yep.  I've been doing a lot of changing patterns from books, but almost no
actual designing from scratch, so I'm getting into the gray area...

> More thoughts here -  I know that in the past we have agreed that if you make 
> a piece of lace and put the finished piece on your website you should 
> acknowlege the source of the pattern.  If you adapt a piece and put it up you 
> acknowlege the source of the original pattern and then explain your adaptation.  We 
> got that far last time.

That seems reasonable.  

> Also, from the Mrs Channer mat discussion (and please let's not go there 
> again), we know that whilst the original pricking or photo of a piece of lace may 
> be available for us to copy from say a musuem collection, once someone true's 
> up that pricking or makes a pricking from the photo (with permission) their 
> new pricking now becomes their own work and their copyright.

I.e. if you use their pricking to make your design, it's just an adaptation, but
you can still go to the museum or look at a picture of the lace and make your
own pricking, right?  
The problem comes in if you've seen the copyrighted pricking before making your
own, since it's hard to tell whether you're copying your memory of it...

> Now here is a thought - I have a pattern which I bought last year for some 
> free lace.  Now the 'pricking' is not a pricking in the true sense of the word - 
> it is simply a the outline drawing of the pin lines with no holes marked. 
> (Yes, very free lace indeed).  When I make this lace I will obviously be 
> completing my own interpretation of the lace because how and where I put the pins 
> are 
> my ideas and also which braids I use within the lace are my own ideas.
> 
> This means that the original idea for the lace is that of the designer but 
> the making of the lace becomes my own interpretation even if I try to copy the 
> picture supplied with the pattern because there are no pin marks to go by so I 
> cannot truely copy reproduce the lace.
> 
> So, my question here is where is the copyright?
> 
> If I'm right then I own copyright on my finished piece of lace because I have 
> no choice but to use my interpretation on it but I have no copyright on the 
> shape (ie outline) of the free lace because that came from the outline that is 
> the pattern.

That makes sense.  However, you can see the outline in your finished lace, so
anyone who wanted it could just look at your finished lace picture (which you're
allowed to show them, since it's your copyright), outline it and use it as a
pattern, right?

Weronika

-- 
            Weronika Patena
        Caltech, Pasadena, CA, USA
    http://vole.stanford.edu/weronika

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