Originally Posted by Wunder-Mar

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I have consulted copyright attorneys who consistently cite FIRST SALE DOCTRINE. Additionally, case law in the last decade shows consistent federal rulings in favor of the crafter/quilter to make and sell items made from a book with NO FURTHER REVENUES due the author of the book or designer. The book contains patterns on how to make something - which is why it was published - so the book and pattern are being used as intended BY THE AUTHOR.

After the book is FIRST sold (to the original buyer) the owner of the book can do what she wishes with the book itself and the patterns therein, including selling it at a garage sale for whatever price chosen and with full entitlement to all proceeds from that garage sale. The author got her cut AT FIRST SALE and is entitled to no more revenue or control over what is done with the book or the contents therein ... EXCEPT for duplicating the book, DVD, etc. ITSELF.

Once sold, the author or designer cannot put restrictions on what you make or sell with the book or pattern. BTW, patterns (sold individually for either quilts or crafts) are covered by PATENT LAW not copyright law; if you check the Copyright Office's records, the only thing copyrighted on clothing, accessory, craft patterns is the artwork on the envelopes.

Even in instances where the federal courts see quilts closer to "art" (copyright law) than "utility" (patent law), the fact that the designer has published a book with instructions telling you how to make the items therein BY FEDERAL COURT INTERPRETATION means that you are using the book as intended by the author/designer ... and FIRST SALE DOCTRINE kicks in.

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NOTE ON DUPLICATING PUBLISHED MATERIAL: See Paul C. Rapp, Esq.'s blog article on FAIR USE DOCTRINE. (he speaks "English" while explaining the law clearly.

GREAT NEWS - Since so many quilting and crafting teachers have been copying magazine articles and distributing them to class students to teach classes (in direct violationm of copyright law), McCall's Quilting Magazine has decided not to fight that fight the way it used to and, as of McCALL’S QUILTING MAGAZINE – JAN/FEB 2011 ISSUE, P. 10, every issue will contain the following: “COPYRIGHT FOR QUILTERS: READER HAS THE RIGHT TTO MAKE AND PUBLICLY DISPLAY A COPY OF EACH PROJECT IN THIS MAGAZINE, AS LONG AS PUBLICLY-ACCESSIBLE CREDIT IS GIVEN TO THE DESIGNER(S) AND McCALL’S QUILTING.” They followed on with the following statement: "Beginning here [Jan/Feb 2011 issue] you’ll find this statement in every McCall’s Quilting publication. We believe this is a first in the quilting world, and hope it will allow readers to continue to enjoy and use our patterns with confidence and convenience. It is our goal to protect the rights of both quilt designers and quilt pattern users everywhere. If you ever have a question about copyright related to one of our patterns, you can also correspond with us at [email protected]. We’re happy to answer most inquiries within one business day."