View Single Post
Old 04-13-2012, 05:45 PM
  #23  
jaciqltznok
Banned
 
Join Date: Dec 2009
Location: Enid, OK
Posts: 8,273
Default

Originally Posted by ghostrider View Post
With all due respect, JMCDA, you are comparing watermelon and grapes. There is a world of difference between the copyright of a painting and the copyright of a pattern. True, neither can be duplicated beyond personal use, for profit or otherwise, but in the case of the pattern, it is only the written instructions that are copyright protected, not the resulting items made by following those instructions.

Look at it this way. If you published a book of "How to Draw Crickets", you would have full copyright protection on the book. No one could copy your book and sell it...or even give it away for that matter. You would not, however, have any right at all to prevent legal purchasers of your book from drawing crickets just like you taught them and then selling those drawings however and whenever they wanted within the limits of reason (i.e., not setting up a factory in China to mass produce them).

The full intention of a set of instructions (aka, a pattern), is to teach someone how to make something. You cannot turn around and deny them the right to make it. The creator of the instructions has no claim over what is done with the resulting items. None. They received their compensation when the instructions were sold.
with all due respect, this is NOT always the case. If that person sells a pattern for you to make her "doll" and says that you can not make that doll to sell, she is correct...IF the designer own the Pattent/Trademark for that "doll"!

When there is a Trademark/patent on the item, then yes, the designer can tell you that making replica's for sale is illegal!
jaciqltznok is offline