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-   -   HELP! how does sharing a pattern work? (https://www.quiltingboard.com/main-f1/help-how-does-sharing-pattern-work-t39263.html)

dunster 03-15-2010 07:54 AM
Originally Posted by Bucket
OK. So how about this. What if you wanted to sell purses on a forum like etsy. If you were to add in the price of a pattern for each purse sold, and purchase such pattern for each item sold (I know, kind of far fetched), would that be legal? Is the copyright ensuring the person gets paid, and that's it? I've always been fascinated with the boutique sales and etsy shops, but haven't participated in any because I am very aware of infringement issues.
I would contact the maker of the pattern and ask about buying permission to sell purses made from the pattern. It would be to their advantage to work something out with you. Or invent your own pattern.

k3n 03-15-2010 08:02 AM
OK, now I'm confused! I thought that the details of the post by Athomesewing, First Sale Doctrine on page 2 of this thread said that you CAN sell work made from a legally acquired pattern?

k3n 03-15-2010 08:02 AM
Originally Posted by AtHomeSewing
Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks
Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.
This is the post I'm referring to above.

:-D

dunster 03-15-2010 08:06 AM
Originally Posted by k3n
Originally Posted by AtHomeSewing
Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks
Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.
This is the post I'm referring to above.

:-D
Yes you can, until it becomes mass production. That term isn't defined, but making lots of purses to sell on etsy might qualify.

ghostwomanwhowatches 03-15-2010 08:08 AM
http://www.copyright.gov/help/faq/fa...l.html#protect

I think this page may help.

This site has many areas on it that explains about the process of obtaining, using, and how to read the fine print in copyrights.

It is from the Library of Congress give it try. Maybe it will answer some questions.
:?: :idea:

k3n 03-15-2010 08:44 AM
Thanks dunster - that clarifies it for me. Don't think I'll ever get into the realms of mass production so I should be OK! LOL

And thanks Dorothy for the link. :-D

dunster 03-15-2010 10:53 AM
Originally Posted by k3n
Thanks dunster - that clarifies it for me. Don't think I'll ever get into the realms of mass production so I should be OK! LOL

And thanks Dorothy for the link. :-D
I hope no one is relying on me for legal advice. If you are, you can send the check to... ;-)

k3n 03-15-2010 10:55 AM
Originally Posted by dunster
Originally Posted by k3n
Thanks dunster - that clarifies it for me. Don't think I'll ever get into the realms of mass production so I should be OK! LOL

And thanks Dorothy for the link. :-D
I hope no one is relying on me for legal advice. If you are, you can send the check to... ;-)
And if I get into trouble, I'll send 'em to you! (well DUNSTER said it would be OK!!!) :mrgreen: :lol:

Debra Mc 03-15-2010 11:47 AM
Originally Posted by AtHomeSewing
Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks
Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.
Do you suppose this includes fabric like colligate or NFL?

dunster 03-15-2010 12:02 PM
Originally Posted by Debra Mc
Originally Posted by AtHomeSewing
Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks
Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.
Do you suppose this includes fabric like colligate or NFL?
Apparently you can legally make an item out of licensed fabric and then sell the item. See these articles for info: http://www.tabberone.com/Trademarks/...edFabric.shtml
http://wiki.answers.com/Q/Can_you_ma...ic_and_sell_it
http://www.ehow.com/facts_5757831_ca...d-fabric_.html


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