Dear All,
If I were advising someone who came to me to find out if she should risk
using an illegal pricking for Miss Channer's mat, I would go through the
usual explanation of the law, which, I must admit, I do not know, since my
area of expertise is in criminal defense and family law. I would point out
the worst possible case. I would point out what could be done. I would
point out that all the penalties involved, which, the way it is in the US,
at least, would be civil, that is, money, a reimbursement of profits. I
would, however, also point out that she would have to be caught. If you
publish the pricking with or without the idea of sale, we know there is
someone out there who will sue, as has been done when a book was published.
However, morals and ethics aside for a moment, if one makes the mat and puts
it in a frame or a tray to use in one's home, what is the chance of being
caught? Are your friends who come to tea going to rat on you? Even if I
spoke about my project on Arachne, what are the chances of the prosecutor in
the book publishing case coming into my home or writing me to demand that I
show proof that I used a 'legal' pricking? It is not, I think, really worth
the effort of the prosecutor in that situation, if they ever got wind of the
situation. Profits from the publication of a book are one thing. What
monetary advantage do I get from using an illegal pricking. In the US at
least, I am not going to jail in these circumstances. I am not, of course,
advocating that people act in a way which is contrary to the law, but I
believe it is a question that might be asked in this particular situation.
It is not a situation where someone is being deprived of the profits of an
item in print. Is this a slippery slope? The thin edge of the wedge? Is
anyone being harmed? Does my client want to be involved in this? That is,
more or less. up to her.
Another point is that one might write to those we think might be the
possessor of the copyright and ask if one may use the pricking for one's
personal use to make a mat. Who knows, they might just give permission.
Lyn in Lancaster, Pennsylvania, USA, where they tell us the dangerous cold
is over, and now it's just very cold. Even my Newfoundland dog did not want
to be outside for very long, and she likes to lie down and sleep in the
snow.
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