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Copyright aggrevation.

Copyright aggrevation.

Old 07-23-2010, 12:06 PM
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Okay, this is just a vent.

I have done my work to make sure that everything I sell I am properly licensed and/or have permission to do so from the designer of the patterns I use. It takes a lot of work/time/money to obtain this priviledge. I am not complaining about that part of it. I love to work and I love to EARN the priviledge. It is my honor to recreate a designer's idea into fabric or whatever medium I desire. I find it to be very rewarding to be able to make things and sell them.

My problem is whenever I get ready to list something on etsy or somewhere else, there are already people selling these items without a license/permission. So I don't even bother with it online.

I am not trying to pay my house payment or truck payment. I just like to make enough to buy more fabric and supplies to make more items to sell. it is relaxing and fun to do.

I just find it completely and utterly UNFAIR that people just willy nilly sell stuff without permission. If they had permission, they would know that most designers want their name mentioned as the designer and you (or me the one who makes the item) listed as the creator.

UGH! At least I know I can sleep at night knowing that i did it the right way. But I had to "kick n scream" about it somewhere. Everyone here knows how much work, thought, and love goes into our handmade items so i thought this would be a safe place to vent.

Thank you for your time. Ok. Now time to make some more bags! :)
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Old 07-23-2010, 12:33 PM
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Is this right?
I bought a pattern on ebay. When I received it, the pattern had been pulled out of a quilting magazine. It just doesn't seem to be the right thing to do.
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Old 07-23-2010, 12:42 PM
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I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

I see other people selling places without paying for the right to do so like I did.
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Old 07-23-2010, 12:47 PM
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Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

I see other people selling places without paying for the right to do so like I did.
You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.
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Old 07-23-2010, 02:07 PM
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I have several quilts on Etsy that I made myself. One quilt I made, I saw at an antique store so I sort of copied it. The blocks are the shoo fly which is a very old pattern. I also used to make children's clothes. Should we actually type in Butterick 2384 in the description? I had never really thought of that. Ooops, I may be one of the willy nilly's out there.
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Old 07-23-2010, 02:44 PM
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Originally Posted by Scissor Queen
Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

I see other people selling places without paying for the right to do so like I did.
You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.
What about when it says on the pattern itself that you can't? I'm really curious about this.
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Old 07-23-2010, 02:51 PM
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Originally Posted by madelinkk
Is this right?
I bought a pattern on ebay. When I received it, the pattern had been pulled out of a quilting magazine. It just doesn't seem to be the right thing to do.
If it was ripped out of the magazine, it's fine. If it was a photocopy of the magazine pages, it's not. Once someone purchases a pattern, either in a magazine or as a pattern, they can sell it or give it away as they choose. They cannot sell or give away copies, nor can they give away the original and keep a copy for themselves, without being in violation of copyright laws. Only the original document can exist without the express permission of the copyright holder (like copies for a class need permission). Hope that makes sense.
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Old 07-23-2010, 03:42 PM
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Originally Posted by pam1966
Originally Posted by Scissor Queen
Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

I see other people selling places without paying for the right to do so like I did.
You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.
What about when it says on the pattern itself that you can't? I'm really curious about this.
It doesn't matter what it says on the pattern. They do not have the right to say what you can or can't do with items you have made.

This link has a lot of links to actual court cases and court rulings. http://www.tabberone.com/Trademarks/trademarks.shtml
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Old 07-23-2010, 03:47 PM
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Most of the patterns that I have seen say can be made for sale in limited numbers.
But any quilt is an expression of the maker.
I can make the same pattern 10 times with different fabrics and they are all unique. How can that be copyright infringement?
This has most likely been covered and I should do a search to find the answer!
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Old 07-23-2010, 03:51 PM
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Sellers should be sensitive to the copyright of the pattern that they are using to complete an item and then in turn sell. Some patterns have very explicit information about selling for profit. Many just require credit given to the design creator while others prohibit sale for profit. There is one particular pattern called Magic Tiles that does not allow sale for profit and the designer has taken it upon herself to scout out use and go after those that are using it for profit.

This is a very touchy issue and if you are using someone else's designs for selling be sure of the stipulations/copyright clauses that they request.

On the other hand there are many of the older patterns that do not have a copyright. Many times a designer has taken an older bock and reworked it into a 'newer' design, whether it be in color or placement. These older patterns are considered to be already part of the public domain and copyright does not apply.
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