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- Xref: sparky alt.sewing:3429 rec.crafts.textiles:2164
- Path: sparky!uunet!dtix!oasys!gallen
- From: gallen@oasys.dt.navy.mil (Gwen Allen)
- Newsgroups: alt.sewing,rec.crafts.textiles
- Subject: Re: Stitchery Legal Question
- Message-ID: <27712@oasys.dt.navy.mil>
- Date: 20 Nov 92 12:43:08 GMT
- References: <1992Nov12.151158.7522@super.org> <1992Nov19.230921.11665@cbnewsd.cb.att.com>
- Reply-To: gallen@oasys.dt.navy.mil (Gwen Allen)
- Followup-To: alt.sewing
- Distribution: usa
- Organization: Carderock Division, NSWC, Bethesda, MD
- Lines: 75
-
- In alt.sewing, dmd@cbnewsd.cb.att.com (debra.m.dicke) writes:
- >In article <Bxq0to.91x@constellation.ecn.uoknor.edu> pmmuggli@midway.ecn.uoknor
- >.edu (pauline muggli) writes:
- >>In article <1992Nov12.151158.7522@super.org> jill@super.org (Amelia L. Scott)
- >writes:
- >>
- >
- >>>want to stitch it and hang it on my wall at home, but will I
- >>>have to hide this in the bedroom since it probably has a
- >>>copyright on it? I don't want to sell the design, I only want
- >>>to hang it on my wall so that I can see it and enjoy it. Is
- >>>there a problem with this?
- >>
- >>i don't think there is a problem - but i'm an engineer not a
- >>lawyer. since it is for your own use. for example, i don't
- >>think museusm hold copyrights on paintings. and you see the
- >>mona lisa reproduced everywhere. you could possibly run into
- >>problems if you tried to sell it, but again i don't know. since
- >>it is for your own place, i don't see the problem.
- >>
- >
- >I was at the art museum yesterday and artists can and do copyright
- >their paintings. I was surprised that some of them were
- >copyrighted in the 30's and 40's. It would seem that the
- >book you used to make the pattern from would state any
- >copyright - after all they are copying the work for the
- >book.
- >
- >Debra
-
-
-
- According to the Copyright Office material I sent for, copyrights are
- effective for the lifetime of the original creator (the holder of copyright)
- plus 50 years. Copyrights can be "handed down" to beneficiaries after
- the death of the original creator but are still only effective for that
- 50-year period after the death of the creator. Therefore, many of the
- old master's paintings are no longer copyrighted. To copy an old master
- for the purpose of selling the copy as an original is forgery but is
- not copyright infringement. A book with pictures of the paintings is
- a copyrighted book. It would be infringement on the copyright of the
- book if you copied the book. But as far as making a X-stitch of say,
- the Mona Lisa, for your own use, I can't see any copyright infringement.
-
- For example, Judge Learned Hand (this is paraphrased, of course) said
- that if it were possible to take a newborn baby and seal it up in a
- cave for all of its life, with absolutely no contact with the outside
- world..and that baby, as it grew up, wrote a poem and titled it "Ode
- to a Grecian Urn", and that poem was identical to the one we all read
- in high school...there would be no copyright infringement. Because
- that baby had not seen the original and therefore his poem was not a
- copy. Copyrights protect against copying!
-
- Some things are public domain..like Santa Claus. Anyone can do a project
- including Santa Claus. As long as it's not a Santa design that someone
- else has created...such as the Coca Cola Santa. Or the Walt Disney
- version of Cinderella, etc.
-
- If I sit in my workroom (in Maryland) and create a work of art and another
- artist/craftsman sits in his workroom in California and creates the
- same or a similar work of art...AND neither one of us is aware of the
- work of the other...then BOTH works are considered original..neither
- has copied the other...and both works are eligible for copyright protection.
-
- Some years ago, when I owned and worked in a craft shop, I was dismayed
- by the number of people who copied others...they even used to brag that
- they could copy anything...people used to bring in others work to ask
- us advice about copying..what supplies they needed and could we show
- them how to paint a face just like that and so on. Even the local government
- was into copying...local Homemakers Clubs used to come in with photocopies
- of craft books...they had got the copies from the group teacher.
-
- Enough! I don't want to run on any more!
-
- Gwen
-