Tuesday, April 21, 2015

Because I have no willpower

So I bought something.  Having seen Cloudsfactory's monthly astrology patterns on several different blogs, I decided to check out their website.  And somehow, I ended up purchasing the "Labyrinth - Magic Dance" pattern...and then I started it ASAP.
I'm using the recommended DMC colors, and stitching this on a piece of 28-ct. Kiwi Illusions "Pumice."

But then, after I'd already paid for my pattern and started stitching it, I started wondering about copyright and trademark issues.  :/  Nowhere on the site did it say anything about the designs - including a number of Disney-esque designs, superheroes, and other identifiable characters - being licensed.  I know that some would say these fall under "fair use," as they are re-creations/parodies (?) of the characters in question...but I'm pretty sure the trademark holders would argue from a different position.  I'm honestly totally on the fence on this one, since I obviously love the patterns and the style enough that I bought one of her patterns!  And I know there are a number of designers who are selling things in this vein.

It is a confusing area - and this coming from a librarian who has attended workshops on copyright and fair use.  Ah well, I'm just going to stick my fingers in my ears, keep humming the little tune I'm stitching, and finish the design I bought...then I'll frame it myself and hang it in my nerd-cave and never mention it again.  LOL


Jo who can't think of a clever nickname said...

They can design and giveaway these charts as freebies without a problem. But making money from them is classed as a "derivative" product and is against copyright law.
However many of the more geeky shows see it as fan art and are ok with it. Disney is the biggest hater of this sort of thing and will pursue people for theft.
The easiest way to soothe your conscience is to donate to a charity favoured by the original artist. So in this case, look up Jim Henson or David Bowie and see who they support.
A very well known designer fell foul of copyright recently with her designs inspired by Beatles songs. Luckily she was able to come to an agreement with the licence holder and release the charts.

This does look like a great chart and it's one of my favourite songs. I love the film!

Dani - tkdchick said...