Legal Question in Intellectual Property in Iowa
Lending of copyrighted material
I belong to an internet crochet chat group. We have conflicting information regarding the use of copyrighted patterns. Our question is multi-part.
Can a person copy a pattern from a book to give to someone?
Can a person lend a book to someone for the purpose of making an item?
Can a person lend a book to someone for the purpose of reviewing for future purchase?
3 Answers from Attorneys
Re: Lending of copyrighted material
Can a person copy a pattern from a book to give to someone? Generally "no", unless the copying ("reproduction") and giving away ("distribution")constitute "fair use" under Section 107 of the Copyright Act.
Can a person lend a book to someone for the purpose of making an item? Yes (assuming you mean making an item by following the pattern, and not making a copy of the pattern). Generally, you have an absolute right to lend a book for any purpose (Section 109 of the Copyright Act). However, if you lend it for the purpose of assisting someone else in making an infringing use (such as lending it to enable them to make an infringing copy) you could be guilty of contributory infringement.
Can a person lend a book to someone for the purpose of reviewing for future purchase? Absolutely. You can also lend it to them so they can read it and decide not to buy it.
Re: Lending of copyrighted material
Depends on the book, and how the contents are licensed, but generally:
1. No
2. Yes
3. Yes
Re: Lending of copyrighted material
Depending on the particular circumstances, the nature of the book and any copyright restrictions placed therein, as a general rule, you can loan a book to someone for them to use, but you may not copy any material from the book to give to another person.
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