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Source: http://forums.sensibility.com/viewthread.php?tid=25144
The following was taken from the Sense and Sensibility forums on April 12, 2012. Content has not been altered except to remove some extraneous material and the comments that were posted after this was posted. Our comments are in blue font at the bottom.


Subject: Addendum to the Forum Rules
JennieChancey
Super Administrator
[*] posted on 4-12-2012 at 09:14 AM

We've had a lot of discussions on this forum about copyright law in the past, with many people weighing in and offering differing opinions. Recently, a copyright thread started a small war, and the moderators had to close it to prevent it spiraling out of control.

Copyright issues are contentious, especially as we live in the age of the Internet, where so many old rules are now called into question or violated outright. It is extremely difficult to set things in stone and refer to them with absolute confidence (even past court cases). Because this is not a legal forum and is not dedicated to unraveling complicated legal issues, we are now adding a rule that copyright law should not be discussed here:

Copyrights are a very complicated issue best discussed with your legal adviser. Discussions on the topic are not permitted on this forum.
I realize this is, indeed, an important topic to study, particularly for those selling items on Etsy or wondering what is "fair use" for a website (including places like Pinterest and Facebook). Many seamstresses selling online need to know if they are allowed to use a copyrighted pattern to produce garments for sale or if a copyrighted fabric can be used for items that will be sold. I'd just strongly suggest that if you plan to go into business, you consult with a legal adviser before putting anything up.

For the record, although my pattern designs are copyrighted, I do not charge a licensing fee of any kind or require people to give me any kind of kick-back from garments produced with my patterns. Sell away! All I ask is that you do not copy and distribute my patterns to others (which is a violation of copyright).

Hope that sets things straight, and please know we want to encourage the study of copyright issues -- but we realize that the S&S forum isn't the place to do this, as we have no legal team able to jump in and guide you through the rocky shoals of copyright law!

Warmly,
Jennie

PS - I also want to thank the moderators, who handle all issues of concern that come up by discussing them carefully and making a decision together. As I live in Kenya and sometimes can't get online, they are authorized to do what they feel is best for the forum in my absence. If you have questions about a decision, please email me through my site's Contact form rather than sending U2Us to the mods. Just understand that there are no knee-jerk decisions being made behind the scenes; our mods are careful to check into something thoroughly before coming to a consensus and acting upon it. Thanks. :)


"Started a small war"? Bull. There were less than twenty posts on that thread, two by Tabberone. How does one start a small war by quoting court cases and statutes? They do not. What we think happened was some divas on the thread, we are not mentioning any names but their initials are Grimmel and Clark, did not like being challenged while they held court.

"Old rules" are not being called into question. They are still the rules. It is the false interpretation of these rules that are being challenged.

Past court cases are what fuels the court system. Without a change in law, courts are loathe to not follow previous decisions. Rarely are past court decisions reversed. Look at Marbury v. Madison, 5 US 137 (1803), which was recently in the news when Obama criticized the Supreme Court over ObamaCare. The Attorney General assured the federal courts that Marbury v. Madison still held. Over two hundred years later! Jennie is trying to rationalize away the fact she and her moderators are censoring posts.

"My pattern designs are copyrighted". No. Jennie Chancey does not have a single registered copyright under her name or under the name of her company, Sense and Sensibility patterns. Her patterns have copyright upon being fixed, but without registration with the US Copyright Office, they do not have copyright protection, therefore they are not "copyrighted".

This "Addendum" is garbage.

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