katmom54

I guess I am confused...I have seen a lot of discussion on this topic, and I wonder if there is just too much misunderstanding...so please educate me. ...
Crafters, quilters, woodworkers, home designers, etc have all sold products made from other people's patterns - not once I have I seen credit given to anyone. I always understood that a pattern that is published and sold is then to be public and the crafter can use it as they wish. If a designer makes a product, and someone copies it without permission, then there is a problem. So, for example if I made 30 twisted bargello quilts and sold them at a fair, there should be no problem since I came by the pattern legitimately when I bought the book - I am not taking any special credit for the design, just the workmanship...but if I go to the quilt show, take a picture of a quilt and then make one to show myself - that is an infringement...
Is it getting more complicated than that?

dunster

In this case I wouldn't buy her pattern at all, because she is acting dishonestly by claiming that you need her permission to sell items you make with it.

AbbyQuilts

Nope you pretty much have it

Also if a pattern maker does not want to make the pattern but wants to restrict who sells it then they need to licence the pattern instead of sell it (think of it like mc D's franchising)

dunster

Chele, your heart is definitely in the right place, but perhaps we're talking about different things. There is a huge difference between making (and selling) items from a legally obtained pattern and copying someone's original work without permission.

The legitimate use of a pattern is not a matter of ethics or manners. It is a matter of copyright law, which the pattern maker should understand before selling her pattern. If she wants to have more control than the law provides, she should not sell the pattern.

It's not as if you are ripping off the pattern maker. You are paying the asking price for the pattern, and with that goes the right to make items from the pattern. You own whatever you make, and so you have the right to sell it if you choose. I say this from the standpoint of someone who is currently selling a quilt pattern. I hope that everyone who buys my pattern will make many, many quilts from it, and if they want to sell, display, give away, donate, or even burn those quilts, they have the absolute right to do so. I am being compensated for my time and expenses by the payment I receive from the pattern, and that is all I am entitled to. If someone wants to give me credit for having written the pattern, I will be thrilled to receive it, but I will look on that as a nice gesture, not as something the quilter was required by law or ethics to provide.

ghostrider

Please provide a resource for this fact as you state it. The artist/designer/writer of the pattern has every right to limit the commercial production of her work if she chooses to do so. She is not acting the least bit dishonestly, as you put it. I would like to see your source of information.

dunster

Actually she does not have this right. If she sells the pattern, she gives consent for items to be made from it. This is one resource: http://www.tabberone.com/Trademarks/...Patterns.shtml

dunster

I should back up a moment and state that I think we are all talking about commercially available patterns. As already pointed out, licensing is a different matter. In that case someone agrees to a contract with you whereby they will allow you to make copies of their original design in exchange for a fee but the design/pattern is not commercially available. In that case, the creator of the design/pattern can state what rights they want to retain, and what fees they will charge, and you have the option of entering into the agreement or not.

AbbyQuilts

Although simplicity has on their envelop that it is for personal use only. The only thing they have copyrighted is the envelope

Here is one of only 300 copyrights simplicity holds
and most are books
If patterns were easier to copyright dont you think they would have one for every dress they make?

Type of Work: Visual Material
Registration Number / Date: VA0001209743 / 2003-06-19
Application Title: New Look pattern no. 6021 envelope.
Title: New Look : no. 6021.
Description: Product packaging.
Copyright Claimant: Simplicity Pattern Company, Inc.
Date of Creation: 2000
Date of Publication: 2000-01-01
Variant title: New Look : no. 6021.
Other Title: New Look pattern no. 6021 envelope.
Names: Simplicity Pattern Company, Inc.

knlsmith

WOW! I am glad I had to vent! I had done searches here and other places with no real answers on the subject. seems we might be getting closer here.

I feel a lot the same as CHELE, I wanted to avoid any possible conflict with the designer.

My biggest problem is I was seeing an item for sale other places (NOT here) and no one gave credit to the designer.

I love all this feedback and conversation though. this is the best copyright post I think i've seen here. If you know of a better one, please share.
Thank you

ctack2

[quote=ghostrider]But what is the designers work? The production of the pattern. You aren't copying and selling her pattern.
You have bought the pattern and paid her price. Why should she get credit for YOUR work?

Carol B