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    Copyright question

    if you would want to sell a quilt and the pattern you have used is not yours in example I am working on two fancy forest quilts pattern designed by Elizabeth Hartmann, would it be ok two sell a quilt, when you purchased the pattern? I am only curious, I worked hours and hours on that quilts and they will be Christmas gifts for my nieces, besides no one has enough money to pay for all that time, sweat and tears ...(I swear I never will start three quilts at once it feels as if my last finish was years ago)

    I'm only curious I love giving my quilts away, it's such a joy to see beloved ones snuggling under quilts I made for them...but for smaller projects like tote bags ...

    I wish everyone a wonderful sewing weekend!
    Last edited by Auntie Uli; September 23, 2016, 02:32 PM.
    Find me on Instagram @auntie_uli

    #2
    Re: Copyright question

    I think it depends. Hartman clearly states no. I bought a pattern on Etsy and asked the seller and she said of course, send me pictures. So if it's not clear just ask.
    🌺 Lorie

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      #3
      Re: Copyright question

      I don't know but I think the pattern is not yours to resell. The quilt is your work to do what you want with

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        #4
        Re: Copyright question

        http://www.ohfransson.com/terms-and-conditions

        She say's no selling of items made. Like I said, different authors have their own rules.
        🌺 Lorie

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          #5
          Re: Copyright question

          My understanding is that the pattern(written inst.) is what is copyrighted. What you do with what you make is your business. Some designers say you can't sell what you make but that is not true. Many refer to Tabberone and copyright/trademark info. Best way to find out for sure is ask an attorney
          “What we do for ourselves dies with us. What we do for others and the world, is and remains immortal.”

          ― Albert Pine

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            #6
            Re: Copyright question

            I know this is a super hot topic on this forum. I am okay with not selling someones pattern as my own pattern, thats not cool. But if I make a quilt, I dont care whose pattern I used, if I am the maker of the quilt, it is mine to do as I please including sell. I believe she would lose that battle quickly in a court room. It is just an intimidating rule.

            Thats my personal opinion. Oh and if someone asked where I got the pattern I would happily dirct them to the pattern maker.
            Karen
            Life is short - Live everyday to the fullest

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              #7
              Re: Copyright question

              Originally posted by Kgrammiecaz View Post
              I know this is a super hot topic on this forum. I am okay with not selling someones pattern as my own pattern, thats not cool. But if I make a quilt, I dont care whose pattern I used, if I am the maker of the quilt, it is mine to do as I please including sell. I believe she would lose that battle quickly in a court room. It is just an intimidating rule.

              Thats my personal opinion. Oh and if someone asked where I got the pattern I would happily dirct them to the pattern maker.
              You are correct. They own the pattern, not the product made from the pattern. There's a grey area where it states you may not start a commercial enterprise using that pattern. In other words, a few items will pass, just don't go into production with it.

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                #8
                Re: Copyright question

                I know the embroidery designs I buy all have different copyrights. But most will say you are free to sell what is made from the design as long as it's less than a specific quantity (50, 100 etc)
                For anything over that amount you need to send a letter asking for permission. Some will grant it, some will charge an additional price.

                I can not see how this designer can make her claim. After all, it's your fabric, planning and quilting added to her pattern.

                Comment


                  #9
                  Re: Copyright question

                  Originally posted by Kgrammiecaz View Post
                  I know this is a super hot topic on this forum. I am okay with not selling someones pattern as my own pattern, thats not cool. But if I make a quilt, I dont care whose pattern I used, if I am the maker of the quilt, it is mine to do as I please including sell. I believe she would lose that battle quickly in a court room. It is just an intimidating rule.

                  Thats my personal opinion. Oh and if someone asked where I got the pattern I would happily dirct them to the pattern maker.
                  This is correct. They can only copyright the pattern. In the case of this particular pattern, it would be clear who designed the pattern.

                  However, many patterns are made with a combination of quilt blocks that have been around for hundreds of years. While the creator of such a pattern may copyright it, there is really no way to prove that a quilt is made from that particular pattern, or just a coincidence of a combination of time tested quilt blocks.
                  If you are not willing to learn, no one can help you. If you are determined to learn, no one can stop you.- Zig Ziglar

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                    #10
                    Re: Copyright question

                    Copyright laws vary from country to country. The OP is from Germany and the copyright laws may be stronger or different from US laws. Maybe check copyright laws with a lawyer.

                    Personally, I don't see a problem with selling the quilt on a small scale. Copyrights get complicated with mass produced products. But THAT quilt would be hard to mass produce!!

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                      #11
                      Re: Copyright question

                      Thank you all for your comments, now I see much clearer...
                      Find me on Instagram @auntie_uli

                      Comment


                        #12
                        Re: Copyright question

                        Originally posted by Hulamoon View Post
                        http://www.ohfransson.com/terms-and-conditions

                        She say's no selling of items made. Like I said, different authors have their own rules.
                        I can't argue with her other items but "My patterns and tutorials may not be used to make items for sale", I feel is out of line and so controlling. It's as annoying to me as all these contracts you have to sign when you purchase a purebred dog. Frankly, she wouldn't get any of my money.
                        https://forum.missouriquiltco.com/co.../icon_wave.gif
                        Women are Angels. When someone break's our wings we will continue to fly-usually on a broomstick.We're flexible like that.

                        Comment


                          #13
                          Re: Copyright question

                          Originally posted by bakermom View Post
                          My understanding is that the pattern(written inst.) is what is copyrighted. What you do with what you make is your business. Some designers say you can't sell what you make but that is not true. Many refer to Tabberone and copyright/trademark info. Best way to find out for sure is ask an attorney
                          When I checked this out years ago I believe that the rule of thumb was all you had to do was change one small part. i.e. in theory, this could be as easy as changing your something like your border width from what is stated in the pattern design.
                          https://forum.missouriquiltco.com/co.../icon_wave.gif
                          Women are Angels. When someone break's our wings we will continue to fly-usually on a broomstick.We're flexible like that.

                          Comment


                            #14
                            Re: Copyright question

                            I assume you aren't copying her fabric choices, therefore you changed it to your ideas/desires.
                            You bought the pattern, so it's yours to do with what you like.
                            It would cost her more in legal fees than she could gain by going after you for damages. If she had a lawyer on retainer, he/she would have already advised her against making this statement, as there wouldn't be any legal standing on such a claim.

                            When you buy a DIY book, and make something from it, that thing is yours, to do with what you like.
                            As long as you aren't selling it as your own design, there is nothing false or damaging to the author. In fact, by giving credit to the author, you are likey helping her sell more patterns.
                            Pieced By Me! :icon_wave:

                            Pre-cut Yardage Chart

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                              #15
                              Re: Copyright question

                              In the past we have had a big problem with copyright infringement in the Hawaiian quilting industry in Hawaii. We have had people come in from the Phillipines, buy a pattern or take a picture, go back to their country and have all these handmade Hawaiian quilts show up on the market in Hawaii with drastic cheap prices, it blew us quilters right out of the market place.
                              Others have taken patterns and produced them in their own books in Japan as their own designs (ended up in court with a big payout to the Hawaiian designer). Still another, a fabric production company took a designers pattern and reproduced 1,000's of yards of fabric without permission (again ended up in court but the fees for the designer and the hassel was a chore, they had to stop production and give all the fabric to the designer and pay the court costs).
                              I used to demo at Duty Free Galleria in Waikiki and for six months I kept looking at these print pictures and finally figured out they were using one of my designs and 6 of another designer here in Hawaii. I found out what company was making these and warned them to stop, Eventually after they sold all the ones that were already produced they stopped using my design.
                              We designers work hard at making are patterns, and samples everything is handmade. And to have someone come along and claim them as their own and mass produce for profit, IS JUST NOT FAIR TO US.

                              I have students that come to my classes and learn and use my patterns, I tell them if someone wants to buy their quilt or they want to put it in a show, that's fine but notate the designer on the quilt. Give credit where credit in due.

                              Selling a quilt using someone else's pattern, I don't have a problem with that. But unless you experience what some of have, you can't understand why we might get upset. Also when a teacher comes to town to teach a class and you have to buy her patterns, don't go and Xerox her patterns and pass them out to all your friends to use. Tell them to buy it from the designer.

                              Thanks for letting me tell it like it is. Attached is a picture of my Micronesian Ginger quilt, three of us have made/or making and we all chose the same fabric colors. 2009年9月8日~13日Quilt Show at Kahala (27).jpg

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