| There are many reasons why people might
infringe copyright. Understanding the motivation behind their actions
might help you determine the best approach to take when you start approaching
others about their use of your work.
Honest misunderstanding of copyright
law
This is not unusual. There are a
lot of users of craft patterns, and even designers, who don't understand
what rights are granted by copyright law, and what constitutes infringement
of those rights.
They might think that a work can only be
copyrighted if it is marked with a ©. Of course, copyright
does not vest only in those documents marked with a © or that
are registered, although these In dialogues about copyright with craft
pattern users, we have seen this argument raised.
They might think that it is acceptable
to copy a pattern and distribute it without permission, as long as they
specify that the patterns is to be used "for educational purposes only
and not for resale". This arises from a misunderstanding of the applicability
of "fair use" or "fair dealing". We have seen this type of disclaimer
attached to patterns distributed on the Internet.
They might think that infringement only
occurs if one makes money from distributing pattern copies. This
is not correct, as the test for copyright infringement is not simply a
question of whether the alleged infringer has made a profit. We have
seen this response on mailing lists, too.
Deliberate misunderstanding of copyright
law
Unfortunately, this happens too.
Some people are perfectly aware what types of uses of copyrighted works
are illegal, yet persist in carrying on their infringing activities, and
even try to hide from copyright-conscious people. We've seen a comment
from a mailing list member who accesses her e-mail from her workplaces
stating that if she were caught participating on mailing lists that distributed
copies of patterns, she'd lose her job and the ability to work in her field.
We've seen mailing list owners share lists of e-mail addresses they suspect
belong to designers or others who might "make trouble" by raising copyright
issues. Some mailing lists which were suspected of distributing infringing
copies would suddenly disappear, only to re-emerge later under a different
name.
In our observations of mailing lists, we've
seen participants (who are either honestly mistaken about copyright, or
choose to ignore their better judgment) offer many justifications for their
activities--even after they were approached by a copyright owner and informed
that their actions were impermissible. Here are some of the most
popular reasons:
It's not "stealing", it's "sharing".
Often, when trying to explain that copying
and distributing a pattern without permission is stealing, the people engaged
in the distribution activity argue that they are not stealing, but rather
"sharing" the patterns with those who don't have them. In exchange,
other people who have patterns that they do not have will "share" with
them. But if the end result is that from one purchased, legal copy
of a pattern, there now exist 200 more copies on the Internet available
to be used by everyone, is that "sharing" or "stealing"?
It's free advertising, so why should
you complain?
Some pattern "sharers" argue that publishers
should be pleased that their patterns are being distributed on the Internet--increased
exposure means more sales of crafting supplies. But that's not logical--not
all publishers of crafting patterns sell crafting supplies. And this
argument overlooks the fact that if the patterns are being distributed
without permission, the publisher has lost control of the reproduction
of its work.
Some people can't afford to buy patterns
because they are on fixed incomes or your prices are too high.
This might be a justification for some
pattern "sharers", but some of them betray this argument. We've seen
more than one mailing list owner insist that each member contribute patterns
on a regular basis, on penalty of being removed from the list, because
it was thought unfair that only a few members contributed scanned patterns
for the benefit of the larger group.
It's not illegal to lend a book to a
friend, so how can this be illegal?
This is a popular analogy--if sharing
a pattern by scanning it and e-mailing it to a group is illegal, it must
be illegal to share books as well. However, this analogy overlooks
how the book or the pattern is treated. In the case of lending a
book, generally it's the actual book being lent, and not an unauthorized
copy. But in the case of the pattern, there may not have been any
permission given for the additional copy which was created when the e-mail
was sent.
I have the right to do whatever I want
with the patterns I bought.
This argument overlooks the difference
between the user's right to handle the physical book or leaflet, and the
right to copy the intellectual property contained within the book or leaflet.
In terms of the actual book, of course the user may choose to read it,
burn it, or sell it second-hand. But copying of the contents of the
book is restricted in accordance with copyright laws.
You should be flattered that so many
people want your patterns.
Perhaps you are, perhaps you aren't.
But this is not simply a case of imitation being the sincerest form of
flattery. At its best, the activities we're talking about are activities
that may result in some loss of control over the reproduction of copyrighted
works. At its worst, these are activities which may result in lost
sales.
You can't stop it from happening, so
leave us alone.
On a higher level of discussion, this
kind of comeback might be structured as a debate on whether the intellectual
property laws we currently have in place are appropriate in an Internet
society. But usually, it's just a retort designed to discourage copyright
owners from trying to protect themselves.
When I see copies of patterns on the
Internet that I like, I go out and buy them, so you're not getting hurt.
Some people argue that the copies of patterns
available on the Internet are inferior, and so when they see a pattern
they like, they go out and purchase an original, legal copy for themselves.
That may be true in some cases, but it isn't always true. On one
mailing list, a member posted scans of pages from most of a book--a large
number of patterns. A second member posted a message in reply, thanking
the first member for uploading this content--because she almost bought
the book herself. The implication is that now, this second member
doesn't have to buy the book now--why should she? She received the
contents for free. |