HELP! how does sharing a pattern work?

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03-16-2010, 10:01 AM

#71

3Gquilter

Member

Join Date: Aug 2009

Location: Decatur GA

Posts: 28

I've wondered the same thing.... and when anyone makes a tote by a particular pattern, do they really add a tag or something saying such and such pattern by such and such designer? I know I have seen things at craft fairs that someone must have created from patterns but I don't ever see the pattern/designer noted..... and nobody (except the company/designer) seems to think anything about this. Do professional seamstresses attach a tag of "Simplicity Pattern ####' in their work?

03-16-2010, 12:03 PM

#72

hokieappmom

Senior Member

Join Date: Oct 2007

Location: North Carolina

Posts: 744

Quote:

Originally Posted by PatriceJ

Quote:

Originally Posted by stitchinwitch

Quote:

Originally Posted by Rina

Does that mean, if one of you make a beautiful quilt and place a picture (close up) and I see it here on the board and I "copy" it by making a similar one with my own colors, I am doing wrong?

You MIGHT be doing something wrong. If the quilt is an original design then it is copyright protected, with or without and express statement of such. You ARE doing something wrong if you copy somebody else's original design without their permission.

Hmmm. The quilt in my avatar is from a pattern I bought at a LQS that I imagine is protected by copyright. I always give pattern credit when asked about it. I have never copied or given the pattern to anyone else. But I didn't get permission from the company to post that picture. That isn't illegal is it? Just if someone else were to copy it and make another quilt?

03-16-2010, 12:58 PM

#73

JudeWill

Super Member

Join Date: Aug 2008

Location: MO

Posts: 1,057

Quote:

Originally Posted by dunster

Quote:

Originally Posted by k3n

Quote:

Originally Posted by AtHomeSewing

Quote:

Originally Posted by mary quite contrary

I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.

This is the post I'm referring to above.

:-D

Yes you can, until it becomes mass production. That term isn't defined, but making lots of purses to sell on etsy might qualify.

So if the designer of the purse pattern states you are allowed to sell, say 6, purses, you could legally sell more? Or would it be considered mass production because it is over the amount the designer allowed? How many would you have to sell for it to be considered mass production?

03-28-2010, 04:01 AM

#74

patricej

Administrator

Join Date: Nov 2006

Location: Southeast Georgia, USA

Posts: 9,301

you can sell the purses you make without infringing on the copyright. just don't claim that you designed them yourself.

03-28-2010, 05:24 AM

#75

Oklahoma Suzie

Super Member

Join Date: Aug 2008

Location: Home town: Rehoboth, MA Now living in OK

Posts: 7,774

Quote:

Originally Posted by salmonsweet

Actually, copyright in detail is tricky, and can differ quite a bit depending on which country you are in.

For instance as a general rule, in European countries copyright exists irrespective of whether or not the creator placed a copyright notice on their work.

I'd say if in doubt, respect another person's creation and assume there may be copyright protection! It's what I want to happen with my own work, so it's what I want to do for others as well. Just another 2c. :-)

I agree.

03-28-2010, 05:35 AM

#76

ghostrider

Super Member

Join Date: Jan 2009

Posts: 4,688

Quote:

Originally Posted by hokieappmom

If someone else were to copy your photograph without your permission, that alone would be illegal. You hold the copyright to any photo you take, though it MAY be shared with the copyright holder of the item you photographed.

Copyright is held in this country regardless of the owner saying so in some way, just as it is in many other countries. It is the registration of a copyright that gives you legally defendable protection, but you hold copyright as soon as your work is 'published'.

It's a catch 22: If you never make it available to be copied, you have no copyright...but then, you don't need one do you! You gain protection automatically the minute you need it. Simple as that.