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ctack2 07-24-2010 01:54 AM

I might be overthinking this but this is what my little pea brain does this time of morning.

1 - you buy a book with a pattern in it or buy a pattern, and you can't make something with it and sell it? The author of the book or pattern has gotten paid their asking price for this pattern.

Does that mean that a restaurant can buy food ingredients but can't make anything with these ingredients and sell them without asking permission?

No, that is silly! The food companies got what they asked for the product, and the restaurant can do anything with it they want to.

Does this also mean that a baker can buy a cookbook but can't make a cake from a recipe out of the book to sell without getting permission from the cookbook people?

Can a seamstress buy fabric then make an article to sell from this fabric, or does she have to produce her own fabric before she can sell for a profit?

I'm going to shut up now and go back to bed.....even though I could go on and on and on.

Carol B

jtrott522 07-24-2010 03:55 AM

Sept/Oct 2010 issue McCall's Quilting (latest issue I just got it yesterday) has a wonderful article on copyright issues....patterns, magazines, online

knlsmith 07-24-2010 04:02 AM


Originally Posted by jtrott522
Sept/Oct 2010 issue McCall's Quilting (latest issue I just got it yesterday) has a wonderful article on copyright issues....patterns, magazines, online

Thank you, I will have to see if i can get to town and buy it.

Gee Hope 07-24-2010 04:13 AM

Is it legal to sell a quilt made with copyrighted material, such as Disney princess material or a Disney embroidered designs?

applique 07-24-2010 04:17 AM


Originally Posted by Scissor Queen

Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

I see other people selling places without paying for the right to do so like I did.

You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.

There ARE quilt police in the form of Copyright lawyers!!! I make quilts to sell in a museum and I HAVE to show permission from the designer before they can be sold. Only originals or public domain are excluded. There are books that deal with this issue.

Holice 07-24-2010 04:18 AM

i believe you need to look at the pattern and decide what is really under the copyright. Traditional patterns can't be copyrighted. Squares can't etc. Public Domain patterns cant.
The copyright might cover the instructions. What is it about the "design" that is unique. Is it just the specific colors the "designer" used. Sylvia Landman has some very tood info on her web site about quilts and copyright.

Holice 07-24-2010 04:19 AM

that should have been "good information"

applique 07-24-2010 04:33 AM

Read the copyright law. It's posted on the web!

dsb38327 07-24-2010 04:48 AM


Originally Posted by Scissor Queen

Originally Posted by pam1966

Originally Posted by Scissor Queen

Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

I see other people selling places without paying for the right to do so like I did.

You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.

What about when it says on the pattern itself that you can't? I'm really curious about this.

It doesn't matter what it says on the pattern. They do not have the right to say what you can or can't do with items you have made.

This link has a lot of links to actual court cases and court rulings. http://www.tabberone.com/Trademarks/trademarks.shtml

Excellent post and good responses. I want to give it more time later when I don't have houseguest on their way. Thank you for this link. I will enjoy it when I can spend some time with it. This topic is one I want to understand and it seems there are many translations.

AbbyQuilts 07-24-2010 05:16 AM

The problem you run into with copyrighting quilt patterns is that it can fall into a useful item category and those can not be copyrighted.
That was already proven years ago when a dress pattern was copyrighted and then taken to court. You can not copyright a dress pattern.

Now as far as quilts well I guess that would be up to the judge at this present time.
As far as I know no one has successfully sued based on copyrighting pattens, nor selling items resulting from the items.
Check up court cases it is just not there that I can find.
Normally if there has been a court case involving a major pattern maker you should be able to find it in case law.


I wanted to add... I am not a lawyer I do research and look up things for fun.
Also I respect the copyright notice on a pattern. I would never copy a pattern and sell it. Once a pattern is bought and I made the item I would sell it if that was my intention but I do not sell items.


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