Originally Posted by AbbyQuilts
The problem you run into with copyrighting quilt patterns is that it can fall into a useful item category and those can not be copyrighted.
That was already proven years ago when a dress pattern was copyrighted and then taken to court. You can not copyright a dress pattern.
Now as far as quilts well I guess that would be up to the judge at this present time.
As far as I know no one has successfully sued based on copyrighting pattens, nor selling items resulting from the items.
Check up court cases it is just not there that I can find.
Normally if there has been a court case involving a major pattern maker you should be able to find it in case law.
I wanted to add... I am not a lawyer I do research and look up things for fun.
Also I respect the copyright notice on a pattern. I would never copy a pattern and sell it. Once a pattern is bought and I made the item I would sell it if that was my intention but I do not sell items.
Actually, there has been at least one fairly famous case that was won by the designer.
The hotel that connects to the convention center in Houston, where they hold Fall Market and Festival aka the Big Houston Quilt show, had new carpet made for them. The interior designer saw quilt and decided to have the carpet made to look like that style. Without permission of the designer of the quilt. Said designer did indeed sue. She was awarded damages and so much more.......
And there are lots of bag, quilt and and such patterns that do have registered copyrights. And the copyrights, including the making and selling of items from such patterns have been enforced legally.
Several years ago I came across the Taberone site. Much of what they deal with is using fabrics you have purchased to make items for sale. There were companies who have said you cannot make items from their licensed images to sell. This gets into the maze of First Sale doctrine and so forth. (And remember in most cases there is no direct involvement of a lawyer with the Taberone site. Lawyers are quoted from various other sites. ) A very different subject from copyrights and the rights of the pattern writers/designers as regards to reproducing the items for sale. <G>
This is very complex subject. Please, I urge all of you to err on the side of caution. The crux of the matter is that if designers feel they are being taken advantage of, they won't design for us. It costs hundreds of dollars to get a pattern on the market for us. And most designers are just like you and me. Not rich companies, but individuals who are willing to do the work to provide you with a quality product.
I know of one designer that states that her patterns may not be made and sold. She has a very complete explanation on her website, and it has all been done at the insistence of her lawyer. Now, if you buy a pattern, make it up and sell the item with the pattern, that is fine. Or someone can buy a pattern and ask you to make x number of them. And you can charge for your time, etc.
But she does have the legal right to restrict your ability to just buy one pattern and make lots for sale without a pattern for each one. It has to do with depriving the author of income from the sale of the pattern to the individual who has the end product but without buying the pattern, but paying for the product.
Again, this gets complex.
Do a lot more research with several different sites to get a more accurate picture.
Pati, in Phx