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Originally Posted by garysgal
ok, I am not trying to start another 20 plus pages of rage against the copy-right laws, but I just got a frustrating email from McCalls Quilting magazine.
I read the first article on the copy-right laws and then read the second issue's article which didn't say much. My reason for emailing McCalls was that someone one the board wanted a pattern from a back issue. I had the issue and wanted to send her a copy of the pattern, so I emailed McCalls and asked if this was ok. They replied that it was an infringement of the copy-right law. So then I emailed again and asked if I could loan her my issue so she could use it (and pointed out that she could maybe go to the library and check out the issue and get a copy of the pattern that way.) I got a reply from McCalls saying: "This is such a complex issue regarding copyrights and not all answers are cut and dried, but yes, I do believe you can loan her your issue and she can make a project. Thanks so much for asking! " So now my question: I could mail her the magazine and she could use it and mail it back, but why can't I just send her a copy of the pattern? I don't consider myself stupid, but maybe I am missing something here. Is it the actual copying and sending that is illegal, or the fact that she didn't buy the pattern rights? Yet I can loan the magazine. Something doesn't seem to be right with this. To answer your question, whether you agree with the law or not, it is illegal to copy a pattern without the permission of the copyright holder, which in this case may not just be McCall's, but may also be the original designer, depending on how such rights are negotiated by this particular magazine. If McCall's doesn't own the sole rights, they may not be legally able to allow you to make a photocopy. Only the copyright owner can grant such permission. As for the issue of libraries, some people aren't aware that libraries often pay more for books and magazines because they are going to be used multiple times by multiple users. They don't pay what we do at the newstand. This is one reason why when we donate books to a library, they are usually sold as used to the public to raise money, rather than put on the shelves to be loaned to the public. |
Plain and simple, copying a pattern or scanning a pattern from a magazine or a purchased pattern to "give or sell away" is against copywrite law. Talk about common sense...Do you want to go there? If so, whatever, but I sure wouldn't recommend others break the law or post it on an open forum.
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if you make a copy and mail it to her, whether it's a loan or for her to keep permanently, you would be breaking the law. that much is crystal clear.
you have written consent from the publisher to lend her the original magazine. i believe they extended that consent in appreciation of the trouble you took to ask them. no matter what anybody else tells you, it would be illegal and unethical to send her a copy. this is not about what we can get away with. it's about what is right and what is wrong. sometimes, it's less convenient to do what's right. that doesn't change our obligation. |
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