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Old 08-29-2010, 03:38 PM
  #138  
tabberone
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Join Date: Aug 2009
Location: Hartsel, Colorado
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In 1908 the Supreme Court ruled that a copyright owner cannot place use restrictions upon their product by simply printing on it limitations absent a written contract. In 1879 the Supreme Court ruled that a copyright on a dress pattern did not extend to the end product (The Supreme Court did not rule on the validity of the copyright for the dress pattern as that issue was not before the Court).

Not one of your major pattern companies holds a registered copyright on an individual pattern for clothing. Not one of the major pattern companies posts use restrictions for their patterns on their numerous web sites (McCall’s has 13 web sites). Not one of the major pattern companies has filed a federal lawsuit that has gone to trial over the use of clothing patterns or over what is made from them. What does that tell you about the so-called right of the designer to limit your use of the pattern once it has been sold to you?
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