Reproduction of pattern v. finished work

I've recently subscribed to the list and find your conversations intriguing. I'm a lawyer, but I don't practice in this area. Somewhat related to other topics here (with regard to personal hobbies/pastimes and copyright issues), I've been asked a question by a number of clients and friends and perhaps you all may have some helpful insight.

Many clients and friends of mine are involved in needlework (everything from embroidery or "cross-stitch" to knitting and quilting). Designers market patterns (or charts) expressly meant for reproduction of the item and often have specific fabrics or other items produced that are included with the chart in order to reproduce the work. Many needlework enthusiasts have personal web pages where they display their finished products. These are not products for sale, but are simply pages of "look what I did!". The question have arisen as to whether this is a copyright infringement.

My initial thought is that it is the chart or pattern that is subject to copyright. After all, it is the intent of the designer that the chart be reproduced into a finished work. These works are often (but not always) modified in terms of fabrics and colors used. They are displayed in homes and given as gifts. (I realize the sale of the items may be another issue, and that isn't my question here). Many of these items are shown by the needleworkers at conventions and shows. Is a photograph on a website different? Is this a violation? It is apparently the position of many designers that it is. I would agree that photocopying the chart or pattern would be a violation, but to control the use of the finished item? This seems to me to be tantamount to unlimited control over the use of something that was *intended* to be reproduced. What do you think?

--Karin Blue
<bluewr[_at_]iquest.net> Received on Mon May 04 1998 - 13:04:18 GMT