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  1. #11
    Missouri Star

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    Default Re: Copyright questions??

    Quote 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.

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  3. #12
    Missouri Star

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    Default Re: Copyright questions??

    Quote 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

  4. #13
    Missouri Star

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    Default 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......

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  6. #14
    Missouri Star

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    Default Re: Copyright questions??

    Quote 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!



  7. #15
    The Guild President

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    Default 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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  9. #16
    Missouri Star

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    Default Re: Copyright questions??

    Sharing or reselling of digital patterns is illegal. Period. Saying you can't sell items made from said pattern does not hold up in the US. We are not required to buy a cottage license to sell items from patterns in this country although it is required in other countries sometime.

    Make as many as you want and sell them. You just can't use the pattern in a mass production at a factory, just items you make yourself.

    Also "slightly changing a design" does not make it your own design.
    K is for Karen .....................Cremation - My last hope for a smokin' hot body.

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  10. #17
    Missouri Star

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    Default Re: Copyright questions??

    Karen is correct. Many of us make Sweet Pea designs and sell them. The SP policy is that their designs cannot be sold or shared but all items made with their designs can be sold. That's all I care about at this point in time.

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