More discusion about copyright issues
#51
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.
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.
#52
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.
#53
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.
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.
#54
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!
When there is a Trademark/patent on the item, then yes, the designer can tell you that making replica's for sale is illegal!
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.
#56
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.
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.
#57
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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.
#58
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.
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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10-25-2012 02:56 PM