Legal Question in Intellectual Property in New York

Question regarding Transformative Use in copyright law

I have a question regarding Transformative Works versus Derivative Works in copyright law. Let's say I have purchased a pattern for something, for example, how to sew a dress or how to build a shed, and that pattern is copyrighted, all rights reserved, including derivative works, etc. The holder of the copyright claims that I would be forbidden from actually building the thing the pattern describes and selling that item.

Reading up a little on transformative works, it seems to me that building and selling the thing described in the pattern would be fair use and not a derivative work, because I am not embedding the instructions on how to build the item into the item itself, and I am not impacting the ability of the copyright holder to sell the pattern. The item itself does not describe how to build it. I think the argument could be made that selling the item might enhance the sales potential of the pattern.

Thoughts?

Thank you,

David


Asked on 8/31/07, 11:36 am

3 Answers from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Question regarding Transformative Use in copyright law

This sounds like a Copyright vs. Patent Law problem. He might be able to prevent you from selling the built item, under patent law, since this is the law that deals with the protection of innovative ideas. Copyright law, as you have correctly surmised, would probably not offer him any protection since this area of the law protects expression, and not necessarily the underlying idea. Hope this helps.

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Answered on 8/31/07, 11:42 am
Johm Smith tom's

Re: Question regarding Transformative Use in copyright law

All you have to do is make your product sufficiently different from the pattern you discuss. Get creative, especially if you want to be in that industry.

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Answered on 8/31/07, 12:41 pm
Nancy Delain Delain Law Office, PLLC

Re: Question regarding Transformative Use in copyright law

There's a thin line between "transformative" and "derivative" works under copyright law. A transformative work may not infringe the existing copyright; a derivative work would.

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Answered on 8/31/07, 2:07 pm


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