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    Copyright questions??

    So I mentioned in yesterday's daily thread that I bought a pattern for a wine tote to make for my upcoming craft fairs. BUT the copyright says:

    COPYRIGHT 2011 TERRY ATKINSON
    All rights reserved. No part of this pattern may be photocopied or reproduced in any form. Items made from this pattern are protected by Federal Copyright law and may not be made for resale or commercial use in any form.


    I find this strange, but I really don't want to take the chance of violating a copyright law.

    Thoughts??????

    #2
    Re: Copyright questions??

    This may help:

    https://so-sew-easy.com/sewing-pattern-copyright-law/
    💫 Star lover

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      #3
      Re: Copyright questions??

      Originally posted by Star lover View Post
      Very interesting Anita and makes a lot of sense too- Thanks so much.

      Comment


        #4
        Re: Copyright questions??

        Usually most say the original pattern/design cannot be sold. I personally have not come across a pattern that says you can't sell the items you make.

        According to the information in the link above you can sell the items you make.
        If you could choose to be anything choose kindness.



        Visit my Flickr page, sewing and cakes!
        http://www.flickr.com/photos/[email protected]/



        www.pinterest.com/cathyfiebe/boards

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          #5
          Re: Copyright questions??

          just make it a tiny bit different and it is your design.

          Comment


            #6
            Re: Copyright questions??

            Originally posted by nativetexan View Post
            just make it a tiny bit different and it is your design.
            Yes - that's what I was thinking too

            Comment


              #7
              Re: Copyright questions??

              Sometimes there are disclaimers on machine embroidery designs stating how many (if any) items can be sold using their designs. Evidently, it's all bunk and you can make as many items as you care to sell, you just can't sell copies of the patterns. So, if I buy a pattern and want to share a copy with a friend, that's allowable. I'm not sure if the same guidelines apply to digital files like machine emb designs. Most designers want you to sell their completed designs so you buy more and more of their work.
              sigpicwww.whisperofrose.blogspot.com


              Scottie Mom Barb

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                #8
                Re: Copyright questions??

                Originally posted by Bubby View Post
                So, if I buy a pattern and want to share a copy with a friend, that's allowable.
                I don't think this is allowable. The designer is being cheated out of $$ he/she would have made if the friend would have bought their own copy.
                pat.

                No rain....no rainbows!


                sigpic

                If you can't be nice.....BE QUIET!

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                  #9
                  Re: Copyright questions??

                  I looked at her website and the items look like every other tote or bag on the internet, except for the applique and do-dads on them. I think you should be fine if you don't make the exact examples. I find most designers let you sell what you make, so she is out of the norm. I emailed a quilt designer on Etsy and she said "sure and send me a picture!"
                  🌺 Lorie

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                    #10
                    Re: Copyright questions??

                    Originally posted by bubba View Post
                    I don't think this is allowable. The designer is being cheated out of $$ he/she would have made if the friend would have bought their own copy.
                    Actually, you can. You just can't SELL it to them.
                    TRUTH is seldom appreciated, unless you happen to agree with it. When you don't agree, you just call it rude.

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                      #11
                      Re: Copyright questions??

                      Originally posted by Bubby View Post
                      So, if I buy a pattern and want to share a copy with a friend, that's allowable. .
                      Here's a fine line. According to federal copyright law it is illegal to make a copy by any means mechanical or digital. So if you download a pattern or buy a printed one you are breaking the copyright if you make a copy and email to a friend or by printing a copy and giving it to them.

                      You can, however, lend it to her without breaking copyright. Or if you want to give it to them you can forward a copy but then, according to law, you need to destroy the one you have.

                      Basically, letter of the law, if you bought one pattern only that one pattern can exist at any one time. But then when it comes to becoming a punishable criminal offense - intent comes into play. It would be a criminal offense if multiple copies were made with the intent to sell and profit. Making a copy for a friend is technically illegal but not criminal. This is Title 17, Section 506 of the US Code in a nutshell.

                      Items produced by using the pattern directions are not protected.

                      Comment


                        #12
                        Re: Copyright questions??

                        Originally posted by Judy, USMC View Post
                        Here's a fine line. According to federal copyright law it is illegal to make a copy by any means mechanical or digital. So if you download a pattern or buy a printed one you are breaking the copyright if you make a copy and email to a friend or by printing a copy and giving it to them.

                        You can, however, lend it to her without breaking copyright. Or if you want to give it to them you can forward a copy but then, according to law, you need to destroy the one you have.

                        Basically, letter of the law, if you bought one pattern only that one pattern can exist at any one time. But then when it comes to becoming a punishable criminal offense - intent comes into play. It would be a criminal offense if multiple copies were made with the intent to sell and profit. Making a copy for a friend is technically illegal but not criminal. This is Title 17, Section 506 of the US Code in a nutshell.

                        Items produced by using the pattern directions are not protected.
                        Great info Judy - thanks

                        Comment


                          #13
                          Re: Copyright questions??

                          It is NOT illegal to make items to sell from a purchased pattern. The pattern designer only owns the rights to the pattern, not items made from it. To begin with only words, symbols, notes, images....etc.. can be copyrighted. The owner of a pattern can not keep you from selling items made from their pattern unless they have a patent on the 'design'. Copyrights and patents are 2 separate issues....so make your bag, give that away or sell as many as you want...you bought the right to use the pattern.
                          Some designers try to scare people, to keep them from using their patterns to make a profit from the items they make...but alas...they can not.
                          Blankets wrap you in warmth, quilts wrap you in love

                          Marilyn......
                          sigpic

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                            #14
                            Re: Copyright questions??

                            Originally posted by auntstuff View Post
                            Actually, you can. You just can't SELL it to them.
                            Pretty sure you are not supposed to hand them out for free either. It's the same as if you record songs from a CD or album and give them away. It's against copyright laws.
                            pat.

                            No rain....no rainbows!


                            sigpic

                            If you can't be nice.....BE QUIET!

                            Comment


                              #15
                              Re: Copyright questions??

                              We have had big problems with copyright infringement in the Hawaiian quilting world. I used to demonstrate Hawaiian quilting 5 nights a week at the Duty Free Galleria in Waikiki. I saw these screen printed koa framed designs for sale in the same store. I looked at them for over six months until I finally relealized 2 of them were my design and 4 were another designer here in Hawaii. The lady claimed they were her designs on the back of each print. Got the info I needed and contacted them. It took awhile for them to stop using my designs. I even told them I would help to teach them how to design their own, but no dice.
                              Other things that happened: a fabric design company took a pattern and produced fabric for sale without permission from the designer. That went to court and took years to finally settle. Then we had famous Japanese quilter take the pattern of one of our designers and print them in her magazines claiming they were hers. That went to court also.
                              Sorry this is so long. We had people come in from the Philipines and China to take pictures of our quilts that were on display, go back to their home countries where labor is cheap and reproduce those quilts, send them back to Hawaii and sell them in the stores in Waikiki for very cheap prices. And he nerve to say they were made on the big island by local quilters. THAT is still going on today. So if you purchased a Hawaiian quilt double size up to king for $500-$800 it was made in the Philipines not Hawaii. Our true Hawaiian quilts take a year to make and cost from $3,000 to $8,000.

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