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More discusion about copyright issues

More discusion about copyright issues

Old 04-14-2012, 01:55 PM
  #51  
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Originally Posted by bigsister63 View Post
I recently bought a book of craft patterns and saw one that I thought I would like to make and sell on etsy. The book had the usual "copyright" statements and that you needed permission for whatever. I though that this meant pernission from the the pattern designer to make and SELL her item. I contacted the the designer and was told NO I could not sell her item on etsy since she also sells this item.(I could make for personal use) I did not make this item to sell on etsy. Questions- Could I have sold this item at another place since designer would not know?. Should I have made it anyway since copyright rules may not apply? Or could I have altered the pattern slightly and still claimed it as my own design? Comments? I am not exactly sure what the copyright statesment were since I returned the book to Amazon since I was not going to use it.
I think I would have done the same thing. I won't buy a pattern if I can't use it to make items for sale. The price of patterns is so high that I can't justify buying them to make once for myself and then packing them away. I don't want several quilts made from the same pattern. I like variety. Designers are going to copyright themselves out of business.

When my grandsons were little I bought a Brother Ult 2001 Disney embroidery and sewing machine. The built-in Disney designs were really cute. The boys soon outgrew the cutsie Disney designs and since Disney copyright prohibited sale of any items using the designs, I traded the Brother machine in on a Babylock Esante. It had lots of beautiful designs without strangling copyright issues. I don't think Brother has designs on their machines that have such restrictions now.
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Old 04-14-2012, 06:38 PM
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My understanding is that the words and directions are copyrighted but you may sell things made using a pattern as long as you aren't mass producing. How would these designers make any money if we didn't buy their patterns. When I rang the copyright office here in Australia I was told if I had paid for the pattern I had also paid for limited license as well. As others have said if the don't want us using them don't sell them in the public domain.
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Old 04-14-2012, 08:05 PM
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Originally Posted by JMCDA View Post
You buy ONE pattern = you can make ONE of whatever the pattern is for your own personal use and enjoyment/enlightenment/education... or a FEW of each item as long as they are intended for your own personal use and enjoyment.
For your own personal use and enjoyment and/or education is the key here - the designers are not selling the patterns for you to turn around and create income from them - they are selling you the right to make a copy of the item that they probably put years of hard work, time and creativity into the making of the original.
Purchasing a pattern with the intention of creating for resale/income and then selling the items you create from the pattern is an infringement of copyright...only the copyright holder has the legal rights and ability to create income from her/his intellectual property.
Are you in the USA? If so, you're well meaning, I'm sure. You are wrong. Period. Even if you put the words " for personal use only" on your package, you have no legal basis to claim this 'rule' as part of your copyright. Read the "First Use Doctrine" which specifies what the copyright holder can and cannot do with a sewing pattern. You can NOT make any of the claims you wrote in your post. The Federal Trade Commission enforces the First Use Doctrine to protect consumers from unscrupulous copyright holders.
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Old 04-14-2012, 08:20 PM
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Originally Posted by jaciqltznok View Post
with all due respect, this is NOT always the case. If that person sells a pattern for you to make her "doll" and says that you can not make that doll to sell, she is correct...IF the designer own the Pattent/Trademark for that "doll"!
When there is a Trademark/patent on the item, then yes, the designer can tell you that making replica's for sale is illegal!
jaciqltznok, you're confused about the issue here. You are well meaning and I know you're trying to help clear the confusion. I hope I can help! The ladies are having a conversation about copyrights. But when you join in to disagree with the ladies about 'oranges', you disagree, telling the ladies they can't do such and such with "apples". Let me see if I can simplify it... The ladies mention you can't put a rule on your pattern that says "you may squeeze this orange into only a yellow glass". You join in to disagree, saying "yes you can cut a apple on a cutting board." I hope this helps you see that the discussion about patents and trademarks (by the way, these are also entirely different things, you can't possibly compare either one of them to what you are allowed with a copyright) doesn't belong in a discussion about copyright issues. They are completely different. I hope this helps! I see you getting very frustrated and I'm hoping to help, not offend!

With patents, a patent holder would NEVER create directions for someone else to make something resembling their item. The patent protects and controls that only, for example, IBM can make such and such item. IBM would NEVER create instructions to teach someone else how to create their item.

With trademarks... these have NOTHING to do with paper directions of any kind. A trademark is a piece of artwork or logo or possibly a name. For example, the pantone color number for the brown UPS trucks is a trademark of UPS. No other company or person can use that exact color number for anything.

In other words... no sane designer would ever patent a doll or quilt pattern. And no sane designer would 'trademark a pattern to create a quilt or a doll. If they did, it would be impossible to sell to another person.

Again, I hope this helps.

Last edited by Christine-; 04-14-2012 at 08:32 PM.
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Old 04-15-2012, 03:04 AM
  #55  
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Agree..,so sad....
Originally Posted by happysteve View Post
Whatever happened to sharing the joys of life with others? Seems many are just in it to make a profit. . what a shame.
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Old 04-15-2012, 04:51 AM
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Originally Posted by Christine- View Post
Are you in the USA? If so, you're well meaning, I'm sure. You are wrong. Period. Even if you put the words " for personal use only" on your package, you have no legal basis to claim this 'rule' as part of your copyright. Read the "First Use Doctrine" which specifies what the copyright holder can and cannot do with a sewing pattern. You can NOT make any of the claims you wrote in your post. The Federal Trade Commission enforces the First Use Doctrine to protect consumers from unscrupulous copyright holders.
No, that poster is in Canada. Canadian copyright law is much more protective of the copyright holder, based on the principle that whomever creates a work controls how that work is used. Canadian copyright law gives the copyright owner the right to set a fee and conditions for every use of the work.

However, if a work created in one country is used in another country, then the laws of that country (the country of the user) apply. Therefore, no reason at all for US quilters to worry about where a pattern originated...US copyright law will apply for all of them.
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Old 04-15-2012, 05:02 AM
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This arguing and worrying the issue takes all the fun out of buying a pattern, getting fabric to make it, producing it, and giving it to a happy recipient. As I said ONLY THE LAWYERS COME OUT AHEAD ON THIS​! I'm not reading anymore copyright blogs. They make me too angry. What happened to the days when our great grams shared patterns made out of cardboard or from a newspaper pattern. Good grief.
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Old 04-15-2012, 05:15 AM
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Canadian Copyright law protects creative endeavours by ensuring that the creator has the sole right to authorize their publication, performance or reproduction (section 3(1)).

Which is the same as the US. I'm not finding what you are talking about. Do you have the statute number? A copyright owner in the US can set a fee and condition - it's called a contract. Generally restrictions upon use have to be stated and agreed to before a purchase.
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Old 04-15-2012, 05:24 AM
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christine- Are you saying all quilters/designers are crazy!!!!!!!!!Oh course we are!!!!!!! (I speak for myself!)
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Old 04-15-2012, 05:30 AM
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I agree that this is the way it should be but some people only care about money
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