MaryTG

Used books (and DVDs etc) originals can be resold as the publisher's rights in that particular book or DVD expires at first sale. Copyright (not copywrite) is a bit trickier as patterns and designs cannot be copyrighted for useful items such as clothing and bedding. Separable elements can be copyrighted (such as a fancy cast figure on a belt buckle) as can original art. The big question is what constitutes art. Attribution has nothing to do with copyright and in fact can be a violation of trademark in and of itself (think of the brouhaha Alice Starmore raised with using her name to resell her yarns. In the US, quantity made has nothing to do with whether an item is violating copyright or not (highly unlikely). Fair use has nothing to do with attribution. The final object is not what is covered by copyright, but the written words are. Templates are specifically not covered. As Stanford University's Law site says:

In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.

Terry in the ADK

Hopefully you are an attorney! Sounds like you know the laws...sooo Can I or can't I make and sell more? completed quilts

what about wall hangings?

sewbizgirl

The Tabberone article is only addressing pattern TEMPLATES, like the shaped pattern pieces in your Butterick or Simplicity clothing pattern envelopes. It's different law for artwork, like an embroidery design, or for written text, like a written knitting pattern.

I'm not saying this is you, but this Tabberone article is the one always quoted by people who are looking to circumvent actual copyright law. If Tabberone said it's okay, they can take it. But it's apples and oranges, folks.

I guess the only sure way to know you are violating copyright law is when the lawsuit papers arrive in your mailbox, (or if you are lucky, a 'cease and desist' order, first.) Better safe than sorry.

sewbizgirl

To make matters worse, you aren't supposed to use half the fabrics made nowadays for any commercial use either! Definitely no licensed character prints, unless you buy a "license" from the parent company (Disney or whoever...).

Jingle

I know is there has been lots of talk on here about copyright laws. Even Patricej had posted about it.
I don't worry about all this as I never sell quilts. I give them away.

MaryTG

I am not an attorney, just someone who regular participates in copyright discussions on Ravelry in the Copyright Matters group. We try to find the actual laws in various countries rather than what some people interpret them to be in their favor. The US Copyright Office released a new Compendium late last year that clears up a lot of the misinformation that some knitting designers had convinced many people was actually what the law said rather than what they wished it said. You can dig into it here: http://copyright.gov/comp3/docs/compendium.pdf

As for your specific case, I would guess (an this is a purely amatuer guess, not legal advise) that the embroidery design would be viewed as art and not a useful item and would therefor be covered by copyright law.

Skylark53

Along this line...I see along a lot of fabric selvedges "for non-commercial home use only." I potentially wanted to make a few things using this fabric to sell on Etsy or the like. I take it this means I can't? I wouldn't exactly call what my use would be "commercial." That seems awfully limiting. I'm noticing this appearing more and more often on selvedges

Onebyone

"for non-commercial home use only." I ignore this. I'm not mass producing for commercial sales.

MarleneC

I question this also as it states the designs are copyrighted but that isn't the same as giving someone else the designs to use. I have a friend who also got caught in a mess like this when she had made a lap robe for a relative in a nursing home and others wanted one and she was told by the husband of the designer that she couldn't sell anything made with those patterns. I questioned that answer also.

MarleneC

She isn't going to make and sell multiple copies of the design--the ones she bought--she is only wanting to sell items she makes using those designs.