Originally Posted by Butterflymom
I see where you're coming from. Luckily, most of us mamas don't sew or can't sew nearly as well as you and the other coveted diaper artists, and there will always be demand for beautiful diapers.
Originally Posted by thefeasetree
What an interesting discussion. I haven't read past this post, but I wanted to comment on it. First of all, if you're going to call diaper making "art," then you have to be prepared for those impressed with your art to mimic it. All great artists started off in apprenticeships copying the original. It is one of the first steps in creating great art.
|I agree with Dreamingmama that you are in essence taking away business from a WAHM by copying the diaper and not buying the original.|
Originally Posted by LizaBear
I don't think it's too bad - though I wouldn't want to be passing them off to others.
|While copyright law protects the design as it was originally written, it also gives the designer the exclusive right to create a new design based on the original one.|
|The fair use statute: The doctrine of fair use developed over the years as courts tried to balance the rights of copyright owners with society's interest in allowing copying in certain, limited circumstances. This doctrine has at its core a fundamental belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research.
Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a "fair use." These factors are as follows:
1.the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2.the nature of the copyrighted work;
3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4.the effect of the use upon the potential market for or value of the copyrighted work.
|The copying of designs is customary in the fashion industry. The high-fashion designers create original designs which, over time, other manufacturers copy to create less expensive "knock-offs". Supposedly, the "knock-offs" sell at a much lower price than the originals and sell to a different market. It seems unfair that fashion design is not protected in the same way that copyright law protects other forms of artistic expression. Most artists have the right to sell licenses to others for the use of their artwork in various markets, but the fashion designer has had no such right.|
|In the context of computer technologies, the fair use doctrine is often used in the context of reverse engineering. Under trade secret principles, it is generally accepted to "reverse engineer" a product to determine how the product works. Reverse engineering may involve analyzing circuit board layouts, "peeling" back a integrated circuit chip, or decompiling computer software. However, it is impossible to decompile software and then analyze the results without making a copy (or a derivative work) of the software. Courts have sometimes held that the making of these copies in the context of reverse engineering is a fair use and is not copyright infringement.|
Originally Posted by DreamingMama
I understand your point of view but then what about the wahm in question? Does it mean she loses a sale and possibly a few others if the poster makes these diapers for herself. I do not know but it would bother me to lose a sale to someone making copies. Gosh, do you think I am being defensive? A copy is a copy right?
I suppose if a person had no money and they were not obtainable for that reason then they could make something similar to said wahms diaper but to make a complete exact copy still seems wrong to me. I went away for awhile and really thought about this from every stand point I could imagine. I just do not think it is right unless you change several things about the wahms diaper to make it something completely different.
Originally Posted by ustasmom
So if it is deemed appropriate for someone to knock off a pattern for home use, what happens when said mama decides that she can go into business with her new found diaper-sewing skill and her "borrowed" pattern?
Is it fair to the original WAHM(s) that now there pattern has been knocked-off?