Recently a pattern from a company that is no longer in business was posted and was pulled for copyright issues. This does however bring up some interesting questions which I am going to repost here so that we can have a good conversation on this important subject
I have a copyright question or two or three that I am not sure that anyone in the village can answer.
1st question. If the owner ( a company ) of a pattern goes bankrupt and folds under and does not sell their patterns to another company or entity is it still covered by copyright or does it become public domain?
2nd question If one were to make one of the patterns from said defunct company available for no profit at all would that be a copyright violation. I am not sure as there is no company asset to protect as the pattern is in legal limbo.
3rd question If one were to take one of these patterns and make modifications to it would that be a copyright violation. I personally am leaning to no it is not as the copyright holder no longer exists.
4th question How long from the time that a copyright holder dies or otherwise gives up the copyright does it become public domain?
(Birchbark asks these )
5th question Did the original pattern designer sell all the rights to the magazine, or does that designer still control some part of the rights to that pattern.
The praying hands pattern was in the October 1997 issue of the Creative Woodworks and Crafts magazine (no longer in publication ) , is there a credit for the designer listed?
6th Question Does that designer still have the right to sell that design?
*** IMPORTANT CONSIDERATIONS ****
Now all of these questions assume of course that all the patterns in the pattern database were not signed over to the parent company, All American Crafts, totally. It also assumes that the pattern database was not sold off to pay debts owed during the bankruptcy proceedings. If this is the case then the aforementioned questions are curiosities and nothing more. Still it is important to understand were we as scrollers and pattern designers sit on this tricky subject.
DW