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Tuesday, January 29, 2008

I know most designers (at least the vociferous ones) disagree with me on copyright law issues, but a lot of writers actually agree with me. And, it turns out, so do designers who have found a voice outside the walls of Vogue Knitting, Interweave and Knitters in the new(ish) magazine, Craft. I just can't shut up about this because I really feel that all the people who say things like "You can't make a copy of my pattern for your mother" are basically full of crap. I also hate that so many new designers are scared shitless about accidently using some design element in their new garment and being threatened with a lawsuit.

Here are a couple of brief excerpts from Craft and Copyright by Wendy Seltzer in the current issue:

Artisans have always learned their trade by copying their predecessors, picking up a pen, a brush, or chisel first to imitate, then to reinvent. Too strict an application of copyright may stifle the very creativity it is meant to promote.


So when fashion designers petition Congress to make their patterns copyrightable, they not only push aside creative reinvention, they open a new door for copyright-based threats. Yet the field has seen great creativity without copyright's incentives -- the drive to stay ahead of copyists may even be good for the fashion cycle, while adding more copyright would put a thicket of licensing in the way of creative re-styling. As both creators and remixers, crafters should insist on balance in copyright law.


Part 2 will be in the next issue, so don't miss it.

And, here's a bit by author Cory Doctorow from the Guardian:

This is a genuinely radical idea: individuals should hire lawyers to negotiate their personal use of cultural material, or at least refrain from sharing their cultural activities with others (except it’s not’s really culture if you’re not sharing it, is it?).

It’s also a dumb idea. People aren’t going to hire lawyers to bless the singalong or Timmy’s comic book. They’re also not going to stop doing culture.

We need to stop shoe-horning cultural use into the little carve-outs in copyright, such as fair dealing and fair use. Instead we need to establish a new copyright regime that reflects the age-old normative consensus about what’s fair and what isn’t at the small-scale, hand-to-hand end of copying, display, performance and adaptation.


For those interested in the subject, I highly recommend reading both of these articles in full. And don't just believe everything you read about copyright on Yahoo! Groups or in Vogue Knitting. There are other perspectives that are, in my opinion, much more enlightened and intelligent. And, yes, that's how I really feel.

Comments

I love Corey Doctorow. A resource I use often for copyright reference is
http://www.girlfromauntie.c...

The Girl From Auntie. She talks about copyright being for actual phrasing of patterns only, and the fact that copyrighting a commodity like a sweater, hat, etc is nigh impossible. I agree. Everyone has a different take, and all things have been thought of in one way or another already. It's how we recombine them in our own way that makes them special :)

Posted by Amber at Tuesday, January 29, 2008 10:14:29

I received my copy of Kitty Knits in the mail yesterday...THANK YOU!! My daughter grabbed it first and found several things of interest.. it will be my turn tonight to go through it page by page.

Again, thank you for your generosity! Much luck with your current and future writing endeavors.

Fran

Posted by Fran at Tuesday, January 29, 2008 14:40:50

Donna,

I love your blog, and could not agree with you more about the copyright issue. I've read some crazy things about copyright (especially in Yahoo groups where people imply that reverse engineering a design is problematic), and its good to hear a voice of clarity.

Posted by Ingrid at Tuesday, January 29, 2008 19:14:27

I'm a new reader of your blog and wanted to let you know I'm enjoying it. Great topic today. Copyright is something I've given a fair amount of thought to in my adult life, having had a few things published and now looking at it in terms of patterns. It's definitely a hot button, and while it's easy to jump on the bandwagon of 'protecting rights', a lot of thought should be given to how the overly zealous use of such privilege can stunt an art as a whole. Incidentally, if you listen to podcasts at all, you might catch one episode of Spider Robinson's: a short story titled, <a href="http://www.spiderrobinson.c...">Melancholy Elephants</a>. It's speculative fiction, and the tale spins the eventual drying up of an art form due to such difficulties. Very thought provoking.

Posted by Lyss at Wednesday, January 30, 2008 09:42:25

Wasn't it Einstein who said "The secret to creativity is knowing how to hide your sources." ;)

Posted by crumpet at Thursday, January 31, 2008 14:33:51

Thanks for posting this! I've always been hugely interested in Intellectual Property (and for a spell during grad school I actually toyed with the idea of going to law school because I found arts law so interesting). I think the landscape of intellectual property is changing so much right now with new technology too. Another person who has some really interesting perspective is Lawrence Lessig. I have been meaning to look more into Creative Commons, which is a collective that basically allows people to share their work online in various ways and with various levels of permissions. I think it's a great model. I think it was Pablo Picasso who said something like "good artists borrow, great artists steal." ;)

Posted by flygrrl at Wednesday, February 06, 2008 14:21:50

I agree with your views on copyright as well. We are out here. :)

Posted by Uneeknitter at Monday, February 11, 2008 15:57:48

Hello Donna, a happy week-end to you :) I am a recent knitter and it is just by coincidence, looking for a specific stitch on the net, found you and was very interested to read your para on the holy copyright. I totally agree with you and enjoyed reading your comments. If you ever have time, pls visit my page on XS : http://pelintezer.com ... My best wishes, Pelin

Posted by Pelin Tezer at Saturday, January 24, 2009 08:46:46

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