"Sharing patterns" - i'm in a quandry!
#31
Originally Posted by jdiane318
Don't it seem that we all know someone like that? I went to a mitering class and bought all the rulers, etc. It was money well spent. Well one of my friends said, "Well, you went and liked it, now you can show me. I don't have time to take a class, besides who would want to waste the money". I have yet to find time to show her. People assume alot and a there is a huge difference between a friend and an acquaintance.
#32
Super Member
Join Date: Aug 2010
Location: Northern California, Sonoma Co.
Posts: 2,814
Yup - it's legal. Below from Wikipedia:
"The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once ownership of that copy has passed to someone else, as long as the copy itself is not an infringing copy. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."
It sounds, according to this, that one is perfectly in one's rights to give away a pattern after purchasing it. If the original poster chooses not to do so in an effort to generate more sales for the designer as a show of support, that is certainly her choice, but it doesn't sound like she is legally obligated to do so...
"The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once ownership of that copy has passed to someone else, as long as the copy itself is not an infringing copy. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."
It sounds, according to this, that one is perfectly in one's rights to give away a pattern after purchasing it. If the original poster chooses not to do so in an effort to generate more sales for the designer as a show of support, that is certainly her choice, but it doesn't sound like she is legally obligated to do so...
#36
Originally Posted by BellaBoo
Once you buy or receive a legal pattern, it's yours to give away or sell. You can not make a copy to give away or sell.
Consider at the Audibon book that sold for $11 million. If the copyright laws extended to every resale of the book the original publisher would still hold the rights to all subsequent sales of the book. Wouldn't that be nice?
#37
Ditto.... I agree with this all the way.
Then tell her that you are very sorry, but you can't share the pattern because it would be unfair to the designer and a violation of copyright law. And tell her that you would like to "support" that designer by having as many people as possible buy their own pattern. In other words, "Just say NO".
Originally Posted by gaigai
Originally Posted by coffeegirl
I have a good quilting friend and recently we went shopping and I purchased a pattern. It was a $12 pattern with lots of embroidery in it and we both loved it. She works at a quilt shop where there is a large light table and said when it came time to trace my pattern I could come in and use it. When I was there yesterday she asked if I brought the pattern so "we" could start tracing it. It seems she assumed that I would share the pattern with her. I think that if she wants to make her own, she should have have purchased one herself. Am I being selfish? The designer of the pattern deserves her cut too! I am concerned about offending my friend. I know people do this all the time, but it doesn't sit right with me.
#38
Banned
Join Date: Nov 2010
Posts: 4,134
Originally Posted by DogHouseMom
Originally Posted by BellaBoo
Once you buy or receive a legal pattern, it's yours to give away or sell. You can not make a copy to give away or sell.
Consider at the Audibon book that sold for $11 million. If the copyright laws extended to every resale of the book the original publisher would still hold the rights to all subsequent sales of the book. Wouldn't that be nice?
You aren't putting another "copy" of the item in question out into circulation. It's still the one copy of the pattern, the book, whatever.
So, yes, you can lend, sell, donate the pattern - even with a monetary gain for yourself, but it is still the SAME unit, not a duplicate.
And I know that all sounds so nit-picky today, but really, think about it, would you have ever though you'd have a printer or a scanner so easily available in your home or office, or even a kinko's 20 years ago?
#39
Super Member
Join Date: Sep 2009
Location: Massachusetts, USA
Posts: 1,775
Originally Posted by Lori S
What would be the diference between lending out of public library and a personal library? Just my thoughts.
I have lent many books both quilting and non -quilting from my personal library.
I have lent many books both quilting and non -quilting from my personal library.
#40
Senior Member
Join Date: Aug 2010
Posts: 601
The copyright rules for cross stitch can be a bit different, since the item made is actually a representation of another person's artwork or drawing. They're more strict than they may be for some forms of quilting. Some cross stitch designers really enforce their rights.
Me too. When I was doing counted cross stitch a friend and I used to share patterns and magazines. It all evened out in the end.
Originally Posted by cabbagepatchkid
Originally Posted by Lori S
What would be the diference between lending out of public library and a personal library? Just my thoughts.
I have lent many books both quilting and non -quilting from my personal library.
I have lent many books both quilting and non -quilting from my personal library.
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