[Fwd: HNW - Drawn thread/facsimile patterns/mittens]

Brett and Karen Williams brettwi at ix.netcom.com
Mon Nov 10 11:51:45 PST 1997


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Countess Ianthe graciously replied:

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Date: Mon, 10 Nov 1997 10:48:40 -0500
To: brettwi at ix.netcom.com
From: Kim_Salazar at BayNetworks.COM (Kim Salazar)
Subject: Re: HNW - Drawn thread/facsimile patterns/mittens
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Unto the thrice gentle Ciorstan from Ianthe, fair greetings!

Please feel free to post this to the historical needlework list.  I am
already a member  but I'm about three weeks behind in reading digests. By
the time I get current, this issue will be long ago and far away.

You are exactly correct in your assessment.  I was able to publish the
patterns I reproduced in "The New Carolingian Modelbook" because of three
features of the work:

1.  I drafted rather than reproduced every pattern it contains.  Not only
did I redraw them in my own original formats, most patterns in my book are
presented slightly differently from the pattern book originals. For
example,  I started and ended the repeats at a different point in their
cycles; joined pieces that appeared in several sections in the old pattern
book; or fixed logical errors where the carver of the original woodblock
"slipped."

2.  I included full attributions for all patterns I drafted from other
works; be they original pattern books or secondary source photos of items
in museum collections.

3.  All patterns drafted from photos are offered as my interpretations of
those secondary sources, rather than as reproductions of the original
museum-owned items. 

The copyright of TNCM covers MY renditions of the sourced patterns - not
the originals.  Because of my redrawing and inclusion of full citations, my
renditions of the sourced patterns themselves are legally considered to be
of the same status as fully referenced and attributed quotations.  

I would have had to obtain specific licenses and permissions if I were to
have included photos of the original stitched works; or if I had used
photocopies or duplicates of actual pattern book materials for which rights
have been reserved by owning institutions.  This is why TNCM doesn't
contain these things (an often mentioned criticism of the book).

My only area of total ownership is that of the 100% original patterns - all
of which are noted as such.  They are mine and should others wish to
reproduce them for anything other than personal use, my permission must be
obtained.  

It has also been asserted to me that the method I invented for illustrating
double running stitch patterns - the dots and voided bars - is mine and
under my copyright because I was the first to use it.  I haven't pursued
the legal status of this claim yet and am skeptical of its merit.

As a side note, a couple of business entities have approached me to license
original patterns from the book for kits or finished garments, but I
haven't been able to afford the legal help to draw up a proper license
agreement.  Even though I intend to ask for minimal (or no) recompense in
these situations, having an unambiguous and defensible legal agreement is
important to me.

Who knows?  Maybe someday a publisher with deeper pockets than Outlaw Press
will become interested in the thing and seek the rights for future
editions.  At that point, I'll have the bankroll to license appropriate
illustrations and photos for inclusion in the book, and figure out a way to
license my original material to others.  (It's a nice dream, anyway...)

I hope this helps!

Kim Brody Salazar
SCA:  Ianthe d'Averoigne, LoR, OL
work - ksalazar at baynetworks.com
home - salazar at sprynet.com
http://home.sprynet.com/sprynet/salazar



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