The reply to that message from Dave Baker is this,
Mr. Baker this is an attempt to get you to divulge your source of the patterns in question any information obtained will be used for the purpose of determining the true ownership of the pattern. You have claimed in previous emails that the image is public domain, this sir is incorrect. While the initial picture that was used to make the scroll saw pattern which are suspected to have been appropriated were indeed public domain the resultant work created from it was and is not. This resultant original work is protected under copyright.Chapter 13 Sections 1301. 1309. 1320 of the Title 17 Copyright law.
§1301 · Designs protected
(a) Designs Protected.—
(1) In general.—The designer or other owner of an original design of a
useful article which makes the article attractive or distinctive in appearance
to the purchasing or using public may secure the protection provided by this
chapter upon complying with and subject to this chapter.
(b) Definitions.—For the purpose of this chapter, the following terms have
the following meanings:
(1) A design is “original†if it is the result of the designer’s creative endeavor
that provides a distinguishable variation over prior work pertaining to similar
articles which is more than merely trivial and has not been copied from
another source.
§1309 · Infringement
(a) Acts of Infringement.—Except as provided in subsection (b), it shall
be infringement of the exclusive rights in a design protected under this chapter
for any person, without the consent of the owner of the design, within the United
States and during the term of such protection, to—
(1) make, have made, or import, for sale or for use in trade, any infringing
article as defined in subsection (e); or
(2) sell or distribute for sale or for use in trade any such infringing article.
(b) Acts of Sellers and Distributors.—A seller or distributor of an infringing
article who did not make or import the article shall be deemed to have
infringed on a design protected under this chapter only if that person—
(1) induced or acted in collusion with a manufacturer to make, or an importer
to import such article, except that merely purchasing or giving an order
to purchase such article in the ordinary course of business shall not of itself
70 Copyright Law of the United States
§1309 Protection of Original Designs
constitute such inducement or collusion; or
(2) refused or failed, upon the request of the owner of the design, to make
a prompt and full disclosure of that person’s source of such article, and that
person orders or reorders such article after receiving notice by registered or
certified mail of the protection subsisting in the design.
© Acts without Knowledge.—It shall not be infringement under this
section to make, have made, import, sell, or distribute, any article embodying a
design which was created without knowledge that a design was protected under
this chapter and was copied from such protected design.
(d) Acts in Ordinary Course of Business.—A person who incorporates
into that person’s product of manufacture an infringing article acquired from
others in the ordinary course of business, or who, without knowledge of the protected
design embodied in an infringing article, makes or processes the infringing
article for the account of another person in the ordinary course of business, shall
not be deemed to have infringed the rights in that design under this chapter except
under a condition contained in paragraph (1) or (2) of subsection (b). Accepting
an order or reorder from the source of the infringing article shall be deemed
ordering or reordering within the meaning of subsection (b)(2).
(e) Infringing Article Defined.—As used in this section, an “infringing
article†is any article the design of which has been copied from a design protected
under this chapter, without the consent of the owner of the protected design. An
infringing article is not an illustration or picture of a protected design in an advertisement,
book, periodical, newspaper, photograph, broadcast, motion picture,
or similar medium. A design shall not be deemed to have been copied from a
protected design if it is original and not substantially similar in appearance to a
protected design.
(f) Establishing Originality.—The party to any action or proceeding
under this chapter who alleges rights under this chapter in a design shall have
the burden of establishing the design’s originality whenever the opposing party
introduces an earlier work which is identical to such design, or so similar as to
make prima facie showing that such design was copied from such work.
(g) Reproduction for Teaching or Analysis.—It is not an infringement
of the exclusive rights of a design owner for a person to reproduce the design in
a useful article or in any other form solely for the purpose of teaching, analyzing,
or evaluating the appearance, concepts, or techniques embodied in the design, or
the function of the useful article embodying the design.
§1320 ·
Ownership and transfer
(a) Property Right in Design.—The property right in a design subject
to protection under this chapter shall vest in the designer, the legal representatives
of a deceased designer or of one under legal incapacity, the employer for
whom the designer created the design in the case of a design made within the
regular scope of the designer’s employment, or a person to whom the rights of
the designer or of such employer have been transferred. The person in whom the
property right is vested shall be considered the owner of the design.
This is a further attempt to have you cease and desist the selling of any and all patterns that have been identified as not belonging to you.
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This is from the Copyright.gov website.
DW