Copyrights and copying are always a hot issue in the needlework industry-and with good reason. One of the most painful things that can happen to you as a designer is to find out that someone is making photocopies of your designs. Certainly the lost sales are important. After all, everyone has bills to pay; but to a designer it is more than money. It is very painful personally.
Part of the problem is that many people misunderstand what it means to be "copyrighted." This article is meant to be a brief summary of copyright law. Links to the Copyright Office are provided where you will find additional information.
Copyright and patent law is a interesting area. It was important enough to be specifically mentioned in the U.S. Constitution. Article I, section 8, states, "The Congress shall have power...to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writing ad discoveries." As a result, the federal government (not the states) has control over patents and copyrights. Both patents and copyrights protect "ideas." In general, patents are protections for 'inventions'-new and useful processes, machines, manufactured articles, etc. Copyrights protect books, articles, lectures, music, and photographs.
Copyright is a legal form of protection to the creators of "original works of authorship." The copyright owner has the exclusive right to:
The copyright owner can give permission to another individual to do any of the above as s/he sees fit. For example, a copyright owner can grant one person permission to make copies of a design, but refuse permission to another.
An important point to remember is that purchasing a book or pattern does not give the purchaser any of the rights granted to the copyright holder. Another important point is that the copyright owner does not need to say anything about copyrights or copying, or make any other statement regarding the printed work itself. The creator of the work has the same exclusive rights with or without any copyright statement on the product.
There are a few limits to the rights of copyright holders. One is that the owner of any legally produced, copyrighted item is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the item. How does this apply to cross-stitch and other needlework patterns? Most of the questions regarding the application of copyright law fall into two general categories: (1) making photocopies of a pattern; and (2) using the pattern to stitch multiple items.
Legally, you cannot ever make a copy without the express permission of the copyright owner. It does not matter what form a copy takes (i.e., photocopy, electronic copy, photographic, or other). It also doesn't matter whether you sell the copies or give them away. You still cannot make copies of copyrighted items. The copyright owner retains the exclusive right to make copies. This even applies to out-of-print patterns or patterns appearing in magazines. The copyright owner retains the exclusive rights to the design, even if they choose not to offer it for sale at any particular time.
Is it acceptable to make a "working copy" of a pattern booklet for your own use? Some stitchers like to enlarge a copy of designs for ease in reading while stitching. Others will buy the pattern and make a personal copy because they find it more convenient to carry with them. Legally, you do not have the right to do this without permission from the designer; however, a designer probably would not refuse permission to enlarge a design for personal use only.
Making a photocopy simply because it might be more convenient is another matter. On the one hand there is the issue of another person seeing you use a photocopied pattern, By observing you use a photocopied design, someone might have the thought, "If that person is using photocopied designs, it must be okay." Designers would, of course, really like to keep this from happening. Of course, the other person might also be thinking, "Look at her using a photocopy. She must be too cheap to actually buy the design." Don't be surprised if you go to a business to make a copy and they refuse to let you use their copier. The printing trade magazines have publicized many cases where stores have actually been sued for allowing their copiers to b used to make illegal copies.
What is unusual about quilting and needlework designs is that their intended use is to transfer a printed design onto a stitched piece (i.e., to create a derivative work). This is unusual in that most copyrighted work is only viewed. (You read a book; you look at a photograph or painting.) Even if it is not stated directly, implied permission is granted to create a derivative work, meaning that it is intended that you use the design to make something for your own personal use or to give as a gift. Simply stated, a design cannot be used to create items that are to be sold or for any other commercial reason. Without a designer's permission, you cannot use the design to make items for sale at craft shows, bazaars, fund-raisers, or similar events.
As to the two other rights a copyright holder has-the right to control distribution, and the right to control display-these are not normally a problem; however, questions can arise. Suppose a store decides to lend or rent pattern books to customers who purchase their shop supplies. A designer could prevent a store from engaging in this practice. Most needlework designers have chosen not to exercise their right to control public display, but it is not uncommon for artists in other fields to do so. If the copyright holder is unhappy with the way their work is displayed in public, they can require that the method be changed, or that the work be removed from public display altogether. This could occur if the artist felt that their work was displayed in a fashion that was harmful to their image or professional reputation.
Q. How do you obtain a copyright? Ans. Copyright is secured automatically the moment a work is created. No registration or other action in the U.S. Copyright Office is required in order to secure a copyright. In some instances, it may be desirable to register with the U.S. Copyright Office.
Q. How long does a copyright last? Ans. Work created after January 1, 1978 is automatically protected from the moment of its creation, and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. For work made for hire (i.e., work created by an employee of a business), the duration of a copyright is 95 years from publication or 120 years from creation, whichever is shorter. Works copyrighted before 1978 have a copyright life of up to 95 years.
Q. Does a copyright need to be renewed? Ans. No. Under the law in effect before 1978, a copyright existed for 28 years and had to be renewed. This is no longer the case.
Q. Is the copyright symbol required? Ans. No. For works created after 1989, the copyright symbol is optional.
Q. How can I get International Copyright? Ans. There is no such thing as an "international copyright". Fortunately, the United States does have copyright relations with over 100 countries. Each country agrees to honor each other's citizens' copyrights.
Q. How can a designer protect a copyright? Ans. A designer can protect a copyright against unauthorized use by filing a civil lawsuit in federal District Court. Also, U.S. federal law defines making 10 or more illegal copies with a value of over $2,500 (retail) as a felony. This opens a person up to the possibility of criminal prosecution. Does that mean that if you make an illegal copy of a needle work design for your own personal use you will end up in federal court? Probably not. It would be too expensive for a designer to sue an individual over an isolated violation; however, just because you might not be sued or arrested, making illegal copies is not acceptable behavior. There are countless rules and laws in place that each of us obey every day-not just because we fear being arrested, but because we know it is the right thing to do. It just isn't worth it to make illegal copies of copyright materials.
The internet has created a new way to "share" copies of patterns. What should you do if you become aware of one of these sites?
First, write a polite e-mail to the site giving them a chance to explain. Many people think that once a work is out of print it is "okay" to make copies. Also, the owner of the site might not even be aware of what is going on.
If this does not resolve the issue, contact the 'host' or 'server'. Chances are the site itself is a free personal site residing at the host site. The address will have the form ttp://host.com/mysite....Usually typing in the http://host.com part of the address will take you to the host's web page. If it doesn't, or the web address of the site has the form http://mysite.com, then you can use a program called whois. One way to use whois is to go to http://whois.net and enter the http://mysite.com address. This will usually give you an e-mail address for the server.
Send a polite e-mail to the server giving the address of the site and explaining why you think it is operating illegally. The last thing a host or server wants is to get mixed up in a legal fight, especially over a free site. More than likely they will just say the site "violates our service agreement" and remove it.
The U.S. Copyright Office has an excellent web site. Their home page is http://www.loc.gov/copyright/
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Karen Montgomery, Quilt Company, Allison Park, PA, has gone on a campaign to educate her customers, employees, teachers, and the guilds surrounding her shop about copyright laws. We recently published this message in her newsletter. You have her permission to adapt this message and use it in your newsletter. F.Y.I.When is the last time you shoplifted something? Have you stolen a car lately? How about robbed a bank? All of these things seem like silly questions, and certainly are not the behavior of our law-abiding customers! Your might be quite surprised to learn that you may actually have broken the law more often than you think. You might be even more surprised to discover that in the near future you could very well be prosecuted! I'm referring to copyright infringement, a hot topic among pattern designers, cross-stitch, needlepoint, and quilt stitchers alike. With the advent of the internet, simple "friend sharing" has been taken to new heights. No longer is sharing limited to lending a book or pattern to a friend next door. Today, may "friendly" quilters of quilt groups see sharing as a harmless activity that hurts no one; however, this practice can very well put a small designer out of business. Suppose one quilter takes a class, then shares the pattern and class instructions with her quilting groups. The group then shares these materials with a friend, who shares it with another friend, who posts it on the Internet. You can see how the originator of the copyright has essentially been deprived of significant source of income. And that is against the law. Designers make their living selling copyrighter patterns. They are not about to take this in stride! Many of them have banded together to form a legal defense fund in order to protect themselves from pattern swappers. Large publishing companies, as well as smaller designers, have also begun to actively fight back by pursuing offenders with legal action. To date this has mostly been in the form of cease-and-desist letters to groups (including Guilds) and Internet service providers who host web sites where pirated designs appear. As a shop owner, I would personally encourage you and any groups you are involved in to act responsibly. Purchase the required books and patterns needed for classes that you take. Do not share or publish patterns or instructions in any organization newsletters without the express permission of the copyright holder. Guild officers must familiarize themselves with the law. Article 1, section 8 of the U.S. Constitution give Congress the power to secure and enforce copyrights for authors and inventors, including pattern designers. By following the laws in place, we can keep the quilting industry healthy and protect the livelihood of the independent designers whose projects and designs we enjoy. |
