Re: Reproduction of pattern v. finished work

On Wed, May 06, 1998, Karin Blue <bluewr[_at_]iquest.net> wrote:
>
> Am I making a "copy" if I put it on the web? Where does copyright law
> end and personal property law begin?

Yes, each time you modify or reproduce a copyrighted work, or publicly display a copyrighted pictorial image, there is potentially another infringement, which would require either a license or some statutory exception such as fair use or first sale. There's also such a thing as inducing infringement by others or contributory infringement, which can also be actionable. As to "ownership" of the item, there is a limited right of in-person public display under 17 USC 109 (c), which flows from ownership of a copy; this right will cover you at a show, but won't help you on the Web.

Absent some agreement or very conspicuous statement to the contrary, I'd say that it's implied in the sale of the pattern (or the package containing the pattern) that the purchaser will use the pattern to make one copy in the form of finished needlework. Otherwise, the original transaction would likely be pointless (or deceptive). As the lawful owner of that copy, the purchaser could publicly display it to "viewers present at the place where the copy is located." However, I don't see this logic extending so far as to imply a license for the purchaser to make ANOTHER copy in the form of a photographic or video image, and then to PUBLICLY DISPLAY that copy on a Web page. Any right to do this would have to flow from the doctrine of fair use, which would be a very fact driven inquiry.

Moreover, I could think of an easily drafted disclaimer that would cut off or severely limit many of these potential arguments.

By the way, this could be the makings of a good exam question!

Ron Abramson
<abramson[_at_]hugheshubbard.com> Received on Thu May 07 1998 - 17:21:53 GMT