QUESTION
Is it legal to continue sharing this pattern free of charge with others if the company is no longer in business?
Asked on Dec 14th, 2013 on Patents - Nebraska
More details to this question:
After purchasing a cross stitch pattern in 1990, I wrote to the company and received written permission to share the pattern at no charge with my church sewing group.
6 ANSWERS
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
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Yes - if you have written permission for the original owner - you may continue to share the pattern as agreed.
Answered on Dec 19th, 2013 at 11:47 PM
Probably, so long as you limit the sharing to what is specifically stated in the written letter from the company (e.g. you say your church sewing group). There is likely a successor(s) in interest to the company's rights and property. If so, the successor(s) in interest to copyright rights for the pattern may be bound by what the original owner granted to you (apparently a limited license to share and/or use the pattern). Please be aware that the term of a copyright can be very long by comparison to the 23 years that has elapsed.
Answered on Dec 19th, 2013 at 7:31 AM
Intellectual Property Attorney serving South Jordan, UT
at
Pearson Butler
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I don't see a problem with it unless someone claiming to have rights in it has asked you to stop.
Answered on Dec 16th, 2013 at 7:20 PM
Patent Application Attorney serving Sunnyvale, CA
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The Law Office of Alan W. Cannon
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It would depend on who now owns the pattern and what type of intellectual property protection it is provided with. I assume that it is a copyrighted work and is not patented. Is this correct? You need to determine who owns the pattern.
Answered on Dec 16th, 2013 at 7:20 PM
If these "others" are in your church group, then YES. If not then NO.
Answered on Dec 16th, 2013 at 7:20 PM
The company may no longer be in business but the rights on the pattern continue. There is a chance another company bought the rights from the original company. You have the right to share the pattern with your church sewing group only.
Answered on Dec 16th, 2013 at 7:19 PM