Copyrights for closed business
 

I would like to teach a class using a pattern that I purchased many, many years ago. In researching the company and pattern for class members to purchase, I cannot find them! I have exhausted all my resources to find them. My assumption is that the creators of the pattern have gone out of business and the pattern is out of print. It was copyrighted in 1995.

Does the copyright law still apply? Can I photocopy the pattern for my class?

Thanks for your thoughts on this.

Good Question!! I hope someone comes up with an answer.

I agree. Good question! I also hope someone has an answer.

Dina

If it was a true copyright (one of my favorite designers pursues the less expensive design patents instead), then it is still in effect. A patent would have expired by now. Patents & copyrights are never tied to whether a particular business remains active or not. In fact, it's possible that the owner(s) may have sold their Intellectual Property (patents & copyrights) to another person/entity.

http://www.inventionstatistics.com/P...e_Periods.html

And if the copyright was held by a human being, it stays in effect for 70 years after the death of that individual or it can be renewed for a longer period by the heirs.

What business or pattern? Maybe some of us have different resources.

I found a copy of the pattern on ebay and have included a link to it.

The pattern is "Home for Christmas, Simple to Sew Tree Skirt Pattern" by Nancy J Smith and Lynda S Milligan, published by Possibilities in Denver, Colorado, copyright 1995.

http://www.ebay.com/itm/351326504630...%3AMEBIDX%3AIT

Thanks for the help everyone.

does it cloud the issue too much if I ask why it is okay to sell a pattern on eBay without giving all or a portion of the money to the original designer? Please understand I am not trying to look for trouble or make trouble for anyone. This copyright situation is very confusing to me. I've read I think all or most posts on the subject here on the Board. There are a few that agree and some have different interpretations. Do the original people in this example, Nancy J. Smith and Lynda S. Milligan, have the right to question this sale? Or is just that no one is stealing their intellectual property? They still get credit on the pattern for it's design, just no money from the sale of it? Apparently this is okay since eBay does sell patterns. Someone please enlighten me or correct me? thanks.

Nancy J. Smith and Lynda S. Milligan published many books & patterns. Their publisher, Possibilities, is still in business.
I would contact them
http://www.possibilitiespublishingcompany.com/

Have you ever sold a paperback at a garage sale? Did you send the author and original publishing company a percentage of the proceeds of the sale? Once you purchase the book, you are free to do what you want with it. You may not re-type or photocopy the pages and publish it as your own. Same goes for a written pattern. You may give it away, trade it, or sell it. You simply cannot copy the pattern instructions and illustrations and sell them as your own work product.