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Quote:

Originally Posted by sewbizgirl (Post 7350028)

Not true. You must abide by the stipulations of the copyright notice.

If you buy the pattern, it is yours to do with what you want, with the exception of copy and distribute, either free or for sale.

Quote:

Originally Posted by sewbizgirl (Post 7350028)

Not true. You must abide by the stipulations of the copyright notice.

Only if the stipulations of the copyright notice comply with the law. Some pattern designers try to include rules about how you use the pattern, what you can do with items made from the pattern, and so on. These limitations go beyond what they're legally allowed, and are not enforceable.

I've never bought a pattern. I look at it, draw a picture of it that's close enough and go with that. I've never copied what I drew and sent it to anyone. It would really have to be something I wanted badly enough that was really complicated before I would buy it. If that is a violation well then I'm guilty, but I don't plan on stopping anytime soon.

Really I think some of this is silly. If I were to put my time into something to copyright it is going to be something that someone can't duplicate by pushing a few buttons. Otherwise its like playing whack a mole to try and keep people from redistributing it.

Quote:

Originally Posted by Johanna Fritz (Post 7349756)

Some long, but up-to-date and correct information regarding this issue from M Susan Vaughn, at BlogHer:

"In Drury v. Ewing (1 Bond, 540), ..., a copyright was claimed in a chart of patterns for cutting dresses and basques for ladies, and coats, jackets, &c., for boys. It is obvious that such designs could only be printed and published for information, and not for use in themselves. Their practical use could only be exemplified in cloth on the tailor's board and under his shears; in other words, by the application of a mechanical operation to the cutting of cloth in certain patterns and forms. Surely the exclusive right to this practical use was not reserved to the publisher by his copyright of the chart.
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[TD]Logically, how can a copyright extend to the item made using the pattern even if the pattern could be copyrighted? The actual fabric being used would not be covered by the pattern copyright even if it could be copyrighted. The snaps, zippers, velcro, etc, used to make the item would not be covered by the pattern copyright, even if it could be copyrighted. The pattern copyright, if valid and we don't believe it is, would only cover the physical pattern purchased. The purchaser, that being you, buys the pattern for a fixed amount of money. It is now yours and the manufacturer no longer has any legal control over what you do with the pattern, however, even if the pattern is not copyrightable, you should not

Make copies of the pattern to either sell or give away
Post a copy of the pattern on the internet for others to use
Modify the pattern slightly and sell it as your own creation

The reason we say the above, even though the federal law allows otherwise, you could run afoul of state laws concerning unfair business practices. Could. Not will. Some people are so intense about their patterns they sometines go whacko. Many state claims would be preempted by the copyright laws but that would not stop the weird ones from trying.Many pattern manufactures falsely claim that you cannot make items to sell from their patterns without their approval or a license. Many pattern manufactures falsely claim that you can make a limited number of items to sell from their patterns without their approval or a license. See what we have to say about Pattern Companies. Like software, patterns are sold, not licensed. In Bobbs-Merril vs Straus, 210 U.S. 339 (1908), the Supreme Court limited the rights of copyright holders to only those allowed by statute.
These claims of expanded limits on the copyrights are false and unsupported by federal law. Beginning with Bobbs-Merril vs Straus, federal courts have regularly rejected attempts by copyright holders to expand their right beyond those allowed by statute. So why do they continue to do it? Because they can. And often, people believe their claims. Mostly because they want to believe the claims. Many, many, crafting chat boards have comments posed where the crafters believe, or want to believe, the pattern manufacturer can limit what someone does with their patterns. Image Disney selling a coloring book and demanding only certain colors can be used for certain characters or they will sue for copyright infringement. The coloring book is yours after you purchase it; color it as you wish..
However, this fact will not stop these companies from improperly interfering with you attempting to make items to sell. Why do they do it? Because they know the average person will not fight back. These companies, supported by their unethical bottom-feedercorporate lawyers, will continue their mis-information campaigns until stopped by a civil suit.
We do get input on these pages. In response to the issue of a pattern being a useful item, from Darlene Cypser, Esq., an attorney in Colorado, with whom we agree on this issue. Read also the article by Jeff Neuburger, Esq., titled Can I copyright my clothing designs?, written July 13, 2007."[/TD]
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I'm quoting this because it really is interesting. The part about all the false claims pattern makers put on their stuff. Anyone that skipped over that really should read it.

Quote:

Originally Posted by Onebyone (Post 7348728)

Dunster is right.
You cannot copy the pattern and sell or give away a copy of it. The actual pattern you can do what you want with it. If you think it's okay, I suggest telling a designer you plan to copy and make the pattern free. :D

It was the way the OP worded it...but in context, she meant that the purchaser of a paid for pattern cannot make multiple copies of that purchased pattern and "share it" with friends. Of course, she can take that pattern that she purchased and wrap it up, put a bow on it and give it to her best friend for a birthday present.

Can you the OP clarify? What happened that caused this post? Did someone offer a bunch of copyrighted patterns "for free" to people here? The mods try to make sure it doesn't happen here at all.

So what about the patterns you come across in the Thrift Shop that you can buy for a few dollars? Has the original purchaser/or the donor erred by giving it to charity to then sell on? And what about the patterns you can buy or pick up for free from Garage Sales? Are you doing something wrong by buying these secondhand patterns as the money you are paying isn't going to the designer? If you are buying them for a few dollars instead of paying full price from the designer is that wrong? I love grabbing patterns from Thrift Shops....feel like I'm rescuing them from a life destined to end badly under a pile of old magazines!

Ruby2, You're not doing anything fraudulent by buying a used pattern; it's a transfer of ownership. As with most material goods that get re-sold, this does not undermine the business of the original producer - any more than buying a used car does. If you look at the spirit of the copyright law, it's to prevent direct competition with the seller. So, if you make a copy of a pattern and give or sell it to someone, you're competing with the company who is now unable to sell a new pattern to that someone. I originally thought the copyright law was to prevent clothing companies from using a pattern to produce garments, but now I see how sharing copies, especially of those patterns that are easy to photocopy (namely, quilt patterns) could bite into profits.

Can someone talk to the issue of going to the library for books with patterns. I am guessing we can use the pattern in a library book but can't copy the pattern and return the book and use the pattern later?

Quote:

Originally Posted by Stitchnripper (Post 7350355)

This has crossed my mind, too.

I am even more confused with making multiple products from the pattern to sell. Some sources says you can, others no. But I can't why a person can't.