Go Back  Quiltingboard Forums > Main
Copywrite and Use of Quilt Patterns >

Copywrite and Use of Quilt Patterns

Copywrite and Use of Quilt Patterns

Thread Tools
 
Old 10-20-2015, 05:37 AM
  #41  
Senior Member
 
Join Date: Feb 2012
Posts: 673
Default

Originally Posted by 2manyhobbies View Post
I am even more confused with making multiple products from the pattern to sell. Some sources says you can, others no. But I can't why a person can't.
If you mean to say "I can't understand/see why a person can't" it's because that is considered "Commercial Use." Most patterns prohibit that. Why can't you do that? Because you would be making money off of someone else's intellectual property. Doesn't that sound a little like stealing?
Manalto is offline  
Old 10-20-2015, 07:17 AM
  #42  
Senior Member
 
Join Date: Oct 2014
Posts: 390
Default

I recently needed to have reverse copies of quilt pattern applique blocks made from a pattern I had purchased. Most copyrighted patterns state on the pattern that copies can be made for personal use. This one did not. The block patterns were too large for my copy machine. The commercial copy business will not copy without granted permission to do so. I emailed the owner of the copyright and she responded with permission. Commercial copy businesses know the copyright laws and reputable ones abide by the law.
Genden is offline  
Old 10-20-2015, 08:13 AM
  #43  
Super Member
 
Join Date: Jul 2014
Location: Illinois
Posts: 2,140
Default

Originally Posted by Stitchnripper View Post
Can someone talk to the issue of going to the library for books with patterns. I am guessing we can use the pattern in a library book but can't copy the pattern and return the book and use the pattern later?
Libraries typically buy special copies of book with a "School & Library" license. It is different from the standard license and affords them additional rights that we usually wouldn't pay for when we buy a book at the bookstore/online. In addition, they can lend books under the First Sale law. While you have borrowed the book, you are allowed to make copies for Personal Use. If it weren't from a library/school, typically the law asks that all personal copies are either transferred or destroyed at the time of sale/gifting. Being from a library's collection, different laws might apply. I'm not sure. You could always ask your local librarian. They are required to study copyright law as part of the library science curriculum.

Of course the nice thing about libraries is that you usually can just check the book out again & then there definitely would be no issue with using the pattern. I'm not sure about the letter of the law, but the spirit of the law would support you making a copy, keeping it in a file with the name of the book/author & then when you want to use it again, just check the book out. One other thing, the instructions themselves may be copyrighted, but if it's a traditional pattern, the pattern pieces very likely cannot be copyrighted.
Bree123 is offline  
Old 10-20-2015, 08:26 AM
  #44  
Super Member
 
Join Date: May 2013
Location: Ballwin, MO
Posts: 4,210
Default

Originally Posted by Manalto View Post
If you mean to say "I can't understand/see why a person can't" it's because that is considered "Commercial Use." Most patterns prohibit that. Why can't you do that? Because you would be making money off of someone else's intellectual property. Doesn't that sound a little like stealing?
No, it doesn't sound like stealing to me. That person made the choice to sell that intellectual property in order to profit from it. Her intellectual property -- the written pattern -- which she chose to sell for profit, is a pattern with which to make useful articles. The useful articles made from her intellectual property, are not her intellectual property! You are not stealing from her if you put 100 hours into making the useful article, and then sell it to recoup the value of your time. She has already made her due profit from your purchase of her pattern. What you do with the pattern represents your work, not hers. If you bought one copy of her pattern and copied it 100 times and sold them for your own profit -- that would be stealing.

Edit to add, I'm speaking of someone making a few items from a pattern; I'm not talking about someone renting factory space, hiring workers and mass-producing a million articles using the pattern. I believe that would truly be 'commercial use', and an arrangement would have to be made with the pattern designer.

Last edited by joe'smom; 10-20-2015 at 08:38 AM.
joe'smom is offline  
Old 10-20-2015, 08:45 AM
  #45  
Power Poster
 
Join Date: Nov 2009
Location: Mableton, GA
Posts: 11,198
Default

Originally Posted by Bree123 View Post
Libraries typically buy special copies of book with a "School & Library" license. It is different from the standard license and affords them additional rights that we usually wouldn't pay for when we buy a book at the bookstore/online. In addition, they can lend books under the First Sale law. While you have borrowed the book, you are allowed to make copies for Personal Use. If it weren't from a library/school, typically the law asks that all personal copies are either transferred or destroyed at the time of sale/gifting. Being from a library's collection, different laws might apply. I'm not sure. You could always ask your local librarian. They are required to study copyright law as part of the library science curriculum.

Of course the nice thing about libraries is that you usually can just check the book out again & then there definitely would be no issue with using the pattern. I'm not sure about the letter of the law, but the spirit of the law would support you making a copy, keeping it in a file with the name of the book/author & then when you want to use it again, just check the book out. One other thing, the instructions themselves may be copyrighted, but if it's a traditional pattern, the pattern pieces very likely cannot be copyrighted.
thank you for that good explanation.
Stitchnripper is offline  
Old 10-20-2015, 09:10 AM
  #46  
Senior Member
 
Join Date: Feb 2012
Posts: 673
Default

Originally Posted by joe'smom View Post
No, it doesn't sound like stealing to me. That person made the choice to sell that intellectual property in order to profit from it. Her intellectual property -- the written pattern -- which she chose to sell for profit, is a pattern with which to make useful articles. The useful articles made from her intellectual property, are not her intellectual property! You are not stealing from her if you put 100 hours into making the useful article, and then sell it to recoup the value of your time. She has already made her due profit from your purchase of her pattern. What you do with the pattern represents your work, not hers. If you bought one copy of her pattern and copied it 100 times and sold them for your own profit -- that would be stealing.

Edit to add, I'm speaking of someone making a few items from a pattern; I'm not talking about someone renting factory space, hiring workers and mass-producing a million articles using the pattern. I believe that would truly be 'commercial use', and an arrangement would have to be made with the pattern designer.
So stealing a little is OK, but stealing a lot isn't? Unfortunately, "commercial" has already been defined as selling for profit; we don't get to modify that definition to suit ourselves. How much time (or money) a person has spent making copies of someone else's design is immaterial and certainly doesn't justify its theft.

Last edited by Manalto; 10-20-2015 at 09:12 AM. Reason: clarification
Manalto is offline  
Old 10-20-2015, 09:49 AM
  #47  
Super Member
 
Join Date: May 2013
Location: Ballwin, MO
Posts: 4,210
Default

Originally Posted by Manalto View Post
So stealing a little is OK, but stealing a lot isn't? Unfortunately, "commercial" has already been defined as selling for profit; we don't get to modify that definition to suit ourselves. How much time (or money) a person has spent making copies of someone else's design is immaterial and certainly doesn't justify its theft.
No, I don't believe stealing a little is okay. But I don't believe selling a quilt you've made from a purchased pattern is stealing. My understanding is that US law states that the useful article made from a pattern, is not considered a copy of the pattern. The pattern refers to the written directions for making the quilt, not to the useful article that results from following the copyrighted directions. So, making a copy of the pattern would mean making a copy of the written directions, not making a quilt using the directions.

As far as 'commercial', I'm not sure of the definition, but if it does mean selling for profit, most people selling a quilt they've made from a purchased pattern are unlikely to break even when factoring in the time spent at skilled-laborer wage. Profit would only start to come into it if someone set up a business to mass-produce the item at low cost, and in that case, I agree that an arrangement would have to be made with the pattern designer.
joe'smom is offline  
Old 10-20-2015, 12:14 PM
  #48  
Super Member
 
Join Date: Apr 2012
Location: Texas
Posts: 2,369
Default

Originally Posted by Manalto View Post
So stealing a little is OK, but stealing a lot isn't? Unfortunately, "commercial" has already been defined as selling for profit; we don't get to modify that definition to suit ourselves. How much time (or money) a person has spent making copies of someone else's design is immaterial and certainly doesn't justify its theft.
What about this: A woman buys a pattern for a dress, takes that pattern and fabric which she has purchased, to a dressmaker, who makes the dress, using the purchased pattern. The dressmaker then charges the woman $$ to make the dress from the pattern the woman bought. Do you consider that stealing from whoever designed the pattern? Because money was made, using the pattern....money that was not paid to the designer of the pattern.

Seems to me that making items from a purchased pattern and profiting from the making of those items, is the same thing. It's not stealing to sell items one makes from a pattern one has bought and paid for. The pattern designer cannot reasonably expect to either control or profit from all the items that will be made from the pattern he/she designed.
Friday1961 is offline  
Old 10-20-2015, 12:31 PM
  #49  
Super Member
 
Buckeye Rose's Avatar
 
Join Date: Jan 2011
Location: Monroe, IN
Posts: 2,283
Default

When you purchase a pattern, you are purchasing just the written instructions to make a quilt. The person who wrote the pattern and copyrighted same pattern CANNOT dictate what you do with that pattern. All he/she can do is lawfully expect that you make no copies of same pattern to sell or give away. You can sell that pattern. You can make as many copies as needed for your own use. You can use that pattern to make as many quilts as desired. You can sell those quilts. If you have ever made your own clothes, you most likely purchased a pattern such as Simplicity or McCalls. Those patterns are the same thing. You don't have to call and get permission if you make a pair of pants for someone else using the pattern you purchased. You don't have to label those pants with the pattern makers name. You don't have to ask permission if you want to use that pattern to make three more pair because they fit nicely. That pattern maker can print whatever they want on the pattern, but that doesn't make it true.
Buckeye Rose is offline  
Old 10-20-2015, 12:34 PM
  #50  
Super Member
 
Join Date: Jul 2013
Location: Houston, TX
Posts: 9,509
Default

Originally Posted by Onebyone View Post
The average person can make a paper copy in a minute. The average person cannot make a copy of a gun.
Good point.
cashs_mom is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
redstilettos
Main
1
03-26-2019 09:16 AM
topper1
Main
5
12-14-2017 04:03 PM
stevendebbie25
Main
5
02-11-2011 02:13 PM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



FREE Quilting Newsletter