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Copyright aggrevation.

Copyright aggrevation.

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Old 08-16-2010, 05:02 PM
  #211  
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Originally Posted by Chele
What if I figure out Apple's "pattern" for the IPhone? Do you think I could sell it? Or is that that license/law thing? Doesn't it really boil down to ethics or manners? If you didn't create it, you should really ask permission to profit from it.

As an aside, I bet all of you talented quilters could come up with your own wonderful patterns. And I'm sure you'd be more than willing to share with the rest of the world. That's what I love about quilters. Huge hearts and sharing personalities. And if your fellow quilter made billions off your pattern without ever asking if it was okay, you'd send a congratulations bouquet, right? Laws or not, what's the right thing to do?
If you figure out the apples pattern, which is patented under technology, and you changed it a little you would be ok to sell it. Check under patents.

Now if you came by it while working for apple, be prepared for corporate espionage court case though.
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Old 08-16-2010, 05:14 PM
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Originally Posted by MistyMarie
I believe that if you use a pattern that you purchased, you have the right to sell your creation. If the designer of that pattern wanted exclusive rights to sell the finished project, they should NEVER have put the pattern out for sale. If you copy someone else's design and sell it without purchasing the pattern, then it is wrong.

You cannot even use a commercial photo as inspiration for a painting or a quilt without getting permission from the holder of the copyright if you make money on the painting or quilt. If they recognize their photo in your painting or quilt, they can sue you, whether or not you gave them credit and/or you own a copy of their photo.
That's because you are using the art as a focal point, ie copying someone elses work. They won't have a case if you used the art as part of story you tell in whatever art you do.

Legal photographers handbook.
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Old 08-16-2010, 05:18 PM
  #213  
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Originally Posted by catrancher
Originally Posted by nena
Ok I have a question. I was trying to get my daughter into quilting. sent her a couple of sites to look at. I also saw a beautiful quilt someone had done ,and copy and pasted it in a email so she could see how beautiful it was ,and maybe get interested in quilting. I received and email telling me to be careful because I had did something wrong ( still don't know what) about infringement???? So now I just dont send anything much because I am afraid I will do something wrong? Go figure. It had to be from this board or one other
because that is all I go on. If it was here please let me know what it was. Thanks
I offered once to sell a pattern I had used at a reduced price. The designer actually got on the board and told me it was a copyright infringement and illegal. Looking back on it, it was a ridiculous claim. I bought the pattern and as long as I'm not making a profit (I wasn't--I was selling it for less than I'd paid for it), I can do whatever I want with it. It's a little like buying a gift for someone. Just because someone tells you you're doing something wrong doesn't mean that you are, and it doesn't mean they're right. Don't be intimidated. And realistically, is someone ACTUALLY going to come after you? Hardly. It would be too expensive, not to mention the hassle.

I understand artists now coming after people for pirated DVDs and CDs. That's a totally different story. Those folks are pirating thousands, even tens of thousands, of items. In that case, it would make sense to go after a person. But for a one or two time offense? Come on! I'm not advocating knowingly infringing on someone's copyright, but no one should be afraid of innocently posting something out of the goodness of your heart.
I believe selling patterns that you own is like selling books that you own. It's not illegal, any more then half price books selling books is illega.
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Old 08-16-2010, 05:22 PM
  #214  
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Originally Posted by thequiltladies
As some one who designs patterns, you MUST have permission to sell items from books, patterns, etc. The patterns in the books are for your own personal use, not for resale. This goes for quilt guilds too, just because one person purchases the pattern, they cannot put the pattern in a newsletter without permission. Please, remember it's just like copying a DVD or CD, it's stealing. I DO make my payments from my designs and I need each sale.
Copying your pattern into a newspaper is one thing. Selling a quilt you made from the pattern is another thing. I don't think you can equate the two.

If you make money selling the patterns, I'd be listening to what people here are grouching over. I'd also take a look at other industries who try to restrict the sale of electronic stuff. The music industry is feeling the bite of this from discontented listeners. The book industry is getting it as well.
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Old 08-16-2010, 05:56 PM
  #215  
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Originally Posted by quiltmom04
Originally Posted by vickig626
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.
I've run into this as well. The pattern actually says it's only for personal use and items made from pattern can't be sold, which I think is unfair. I don't buy these patterns if they say that.

My quilt instructor said that if a pattern is modified 40%, you can call it your own and sell it as your own and the items made.
McCalls article said that no matter how much you change a pattern, it's still 'derivative' and you not allowed to claim it as yours.
Then McCalls shouldn't print most of what they print as most of it is derivative off of public domain blocks.
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Old 08-16-2010, 06:01 PM
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Originally Posted by Virginia Smith
It occurs to me after reading all this discussion, that if we do create a design in EQ or any other way, it might be a good idea to keep all of the working files. Just in case someone thinks you copied their design, you could prove in good faith that this is how you arrived at yours. It is not foolproof, and anyone can say you recreated it, because it all subjective. Just a thought. :wink:
That is a very good idea.
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