To JMCDA.....
I recognize you are an award winning published artist. Congratulations! (with an ego running amok, but that's my opinion.) You were right on the money with most of your copyright advice. But where you steered wrong was in your last 4 paragraphs. (shown after the snip, below)
You are bullying the person buying your pattern by telling them your copyright requires them to ask for permission to earn income off of something they made using your pattern. You are placing an illegal requirement on the buyer, and this is not allowed according to a law called the First Use Doctrine. The copyright does NOT extend to the item made using the copyrighted pattern.
Telling someone to get this permission in writing is like putting an agreement in writing between gang members and a local deli... "We'll let you sell sandwiches but you're going to pay us $300 weekly "insurance" to keep us from mugging your customers." How stupid are the local criminals to put this in writing???
PLEASE CONTACT ME if anyone reading this has an actual WRITTEN permission slip from a quilt pattern designer extending their copyright & giving you permission to sell the finished items you created using that designers pattern. It would be useful in a lawsuit to get these ego driven ladies to deflate their ego long enough to read ALL the laws that protect consumers, not just the ones that pertain to them.
Originally Posted by
JMCDA
I draw on a career of almost 30 yrs as an artist and art teacher. I am an award winning published fine artist by profession who also teaches and sells design packets to the Decorative art industry. .... [snip]
If the copyright holder wishes to give permission to someone else to derive income from their pattern then they may do so if they wish - but you have to get specific permission outlining your intentions in writing for it to be valid...and to protect yourself!
The eventual selling the "one off" copy that you made from the pattern that you purchased is not the same as selling items from a pattern that you purchased for the intention of using to make items to sell - the intention or motivation for the intitial purchase is totally different.
In your experience, the copyright holder decided that you would be allowed to derive income from her pattern by selling items on Etsy...
...the next time you contact a designer - and please do so in writing not verbally for your own protection as a phone call is just a phone call- she may say no and you must respect her wishes, no way around it.
if in doubt always ask for permission! Ignorance is not the best defence in any situation. Creative people deserve every chance they can find to create income from their creativity - otherwise they may have to give it up and get a real job...and then there won't be any pretty patterns for anyone to enjoy.