Old 01-10-2012, 11:43 AM
  #10  
Wunder-Mar
Super Member
 
Join Date: May 2009
Posts: 1,265
Default

Originally Posted by Scissor Queen View Post
She can clearly state anything she wants to on the pattern. That does NOT make it LAW! She could just as clearly state that you are to only use the "hot bowl hot pad" on the fifth Tuesday of every month and only the fifth Tuesday.
My good ole bud, Scissor Queen!!!!! First Sale Doctrine of copyright law: the copyright holder/owner receives ALL THEY ARE ENTITLED TO RECEIVE UNDER THE LAW WHEN THE ITEM IS FIRST SOLD. After that, the owner can do whatever they wish with the item - resell it. In the case of patterns (governed by Patent Law, not Copyright Law), the purpose of the pattern was to recreate the item; so you can recreate as many as you wish, sell them all and keep all the profit. The pattern creator does NOT get any further $$$ compensation from your recreated items.

That said, you CANNOT take her pattern overseas and have a small Chinese village recreate them, you CANNOT reprint the pattern for distribution in any form without permission (but you can duplicate the templates and pattern pieces if they are consumed in the process of creating the item), you cannot claim the design as your own. You can re-sell the pattern (say at garage sales). THAT's the law, and it's being upheld in federal courts coast-to-coast for the last decade.

Hope this helps. My sources are several copyright and patent law attorneys I spoke directly with in preparing a guild program on this subject.
Wunder-Mar is offline