yobrosew

Lots of answers here http://www.tabberone.com/Trademarks/...Patterns.shtml

There are some fascinating links within this site. I especially appreciate the Craft Hall of Shame. For ebay sellers some really really helpful info with sample responses. Why this site for reference? They have taken the time to demonstrate court cases involving the end product made from a purchaed copyright pattern. Their to-the-point jargon and sarcastic in-your-face delivery actually make for entertaining reading while learning a few things from those that have actually swam with the sharks.

madamekelly

Ok, yobrosew, I got it I think. If I make a pattern, only I can copy it, if you make a pattern, only you can copy it. If I make a quilt, it is a courtesy that I extend, to note the designer of a pattern, if you make a quilt with the same pattern by buying your own copy of the pattern, it is again a courtesy to note the pattern designer, not a requirement. If I buy a pattern and want to make a bunch of quilts to sell, I am then using the pattern for a commercial profit and owe the designer a royalty for the reproduction of the pattern, because one paper pattern will not be enough to create many quilts, and I would be forced to reproduce the pattern to keep making quilts. What I make a quilt out of, does not matter, as long as I only use my legally bought pattern. When I buy a pattern, I can use it any way I like except to make a profit, unless I am granted permission by the pattern designer?

DebD800

Wow, thanks for posting this link! Maybe this is what should actually be on the copyright sticky note at the top of our site page instead of the recent post?????

DebD800

Madamekelly, i don't think so. If you read the entire page from yobrosew's link, the only things not permissable are: "You should not
Make copies of the pattern to either sell or give away;
Post a copy of the pattern on the internet for others to use; or
Modify the pattern slightly and sell it as your own creation."

Other than that, there is nothing in copyright law to prevent you from purchasing one pattern and making a thousand of those items (quilts, in this case), and selling all of them for a thousand dollars each and keeping every dime. Very interesting and informative link. Thank you again, yobrosew!!

madamekelly

DebD800- thank you, got it!

ghostrider

Be aware that Tabberone has a personal financial interest in interpreting the law in the way that she does. She is not an attorney, she is an eBay vendor. Her voice is equal to any other opinion based on commonly available resources and/or personal experiences with the law. It remains opinion and should not be taken as gospel.

patricej

i would caution very strongly against following this advice without consulting an attorney who is experienced in copyright law.

when researching copyright law, the best place to start is the source for the country in which you live.

The full text of the U.S. copyright code is available at
http://www.copyright.gov/title17

also read the fact sheet on fair use, plus the fact sheet on useful articles.

http://copyright.gov/circs/factsheet.html
http://copyright.gov/fls/fl103.pdf

there is a lot of information available that addresses things in general.
a lot that talks about making garments and other things.
i have - so far - found very little that pinpoints quilts specifically.
some experts have said that a quilt is a copy of the pattern from which it was made.
others pooh-pooh that position.

nobody at the QuiltingBoard is qualified to offer anything other than purely personal opinion.

please do the research yourself.
please draw your own conclusions based on that research.

madamekelly

Thank you PatriceJ that is what I am doing with these conversations. Using them to help find the answers. Thank you for the links. No complaints, just researching with friends....

ghostrider

There's currently another active thread with lots of discussion and shared resources that might interest you in case you haven't seen it yet.
http://www.quiltingboard.com/main-f1...s-t261395.html

yobrosew

Entertaining story of one copyrights attorney's journey into the quilting world. http://www.paulrapp.com/display_article.php?id=6