Using Japanese Books, Patterns and
Copyrights
Please note this is not meant to be
professional advice. It is how I have been counseled from professional
advisers - see references below.
Clarifying what a "pattern interpretation" is becomes an important
concept. When anyone interprets a pattern from the Japanese books (or
any book or other published source, for that matter) - you own the
intellectual property of your interpretation and that is protected by
Copyright. Interpretation means the concept and manner in which the
content is presented: your words, your photos, the diagrams you create
to illustrate, etc., and that presentation becomes copyrighted from the
time you write it down or otherwise "fix it in media". You do not own
the originating pattern that you interpreted, since that pattern came
from another source. Other people may choose to interpret, write up and
illustrate that same pattern as well, as long as they use their own
words, photos, drawings, diagrams etc. They cannot simply cut,
photocopy, copy and paste other people's work into a new page and call
it theirs (that is plagerism and against the law). It's just like
writing those term papers or reports in school - you search out
your information in the library, read and learn, then write it up in
your own words, and include the bibliography of where you got your
information. Many other people wrote papers on the same subject, and
used the same references, but each person wrote their papers in their
own words, interpreting the information learned while researching the
subject. Therefore, it is perfectly possible and indeed likely
that more than one person can and will interpret the same pattern from
a Japanese book or other published source - and each person, with doing
their own text writing and diagram/photo preparation is entitled to
present and copyright their creative interpretation, as long as the
original Japanese or other interpreted presentations are not
duplicated.
This topic was discussed on
TalkTemari, and in reply to my sharing the above information, one of
our members who is a law student (Berkeley) replied in part as follows
(Anastasia clearly reminded everyone that she is a student of the law
and not yet admitted to the Bar): "Ginny is right about not owning a
pattern you interpret. The design is still someone else's creation, and
even though you put work into translating or interpreting, the design
itself is not the product of your own creative spark, so you cannot
claim legal ownership of it. Instructions & diagrams are a sticky
issue in intellectual property law. Copyright protection extends only
to the ways in which we express an idea - it does not confer ownership
of the idea itself. Needless to say, there is a big gray area here
where it is hard to tell what is and idea and what is an expression of
an idea.... The big problem with copyright of patterns, instructions,
diagrams, etc, is this: when there are a very limited number of ways in
which an idea can be expressed (as is often the case with diagrams
& instructions), sometimes courts will find that the expression and
the idea fuse together, so that ownership of the expression would mean
ownership of the idea itself.... Since this is an unpredictable area of
law even for lawyers, laypersons should be particularly careful. if you
are planning on using someone else's pattern for any purpose other than
personal use, always check with them for their permission.....
please do not interpret what I have written as professional advice
but I hope it does help explain why Ginny is always urging us to
be careful about our use of other people's work...".