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Originally Posted by Quiltngolfer
(Post 5137569)
If you change something about a pattern, then it becomes your original, right? Why not make some minor difference in the pattern, like an appliqué and make it yours? I do that with recipes all the time. I seldom ever go exactly by the recipe.
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Originally Posted by Lori S
(Post 5138799)
Please refer to this
http://www.tabberone.com/Trademarks/...Patterns.shtml http://www.copyright.gov/ |
Originally Posted by ghostrider
(Post 5138756)
With all due respect, JMCDA, you are comparing watermelon and grapes. There is a world of difference between the copyright of a painting and the copyright of a pattern. True, neither can be duplicated beyond personal use, for profit or otherwise, but in the case of the pattern, it is only the written instructions that are copyright protected, not the resulting items made by following those instructions.
Look at it this way. If you published a book of "How to Draw Crickets", you would have full copyright protection on the book. No one could copy your book and sell it...or even give it away for that matter. You would not, however, have any right at all to prevent legal purchasers of your book from drawing crickets just like you taught them and then selling those drawings however and whenever they wanted within the limits of reason (i.e., not setting up a factory in China to mass produce them). The full intention of a set of instructions (aka, a pattern), is to teach someone how to make something. You cannot turn around and deny them the right to make it. The creator of the instructions has no claim over what is done with the resulting items. None. They received their compensation when the instructions were sold. When there is a Trademark/patent on the item, then yes, the designer can tell you that making replica's for sale is illegal! |
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Originally Posted by jaciqltznok
(Post 5139139)
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! Just ask anyone who tries to sell a Jane Stickle replica quilt by the name Dear Jane! |
>>>Intellectual property law is intellectual property law regardless of whether you are referring to watermelons or grapes/quilts or paintings. There is no difference in the copyright process of protecting an art design pattern or a quilting design pattern ( if you read my last post again you will see that I was referring to design instructional packets in both instances) <<<
QUOTE=ghostrider;5138756]With all due respect, JMCDA, you are comparing watermelon and grapes. There is a world of difference between the copyright of a painting and the copyright of a pattern. True, neither can be duplicated beyond personal use, for profit or otherwise, but in the case of the pattern, it is only the written instructions that are copyright protected, not the resulting items made by following those instructions. >>>It is the written instructions AND the patterns (line drawings) that are copyright protected. The owner of the original design has every right within the law to control the intended use of the design and if they say that the design is to be used for personal use only then that is all that can be done with their design both patterns and intstructions.<<< Look at it this way. If you published a book of "How to Draw Crickets", you would have full copyright protection on the book. No one could copy your book and sell it...or even give it away for that matter. You would not, however, have any right at all to prevent legal purchasers of your book from drawing crickets just like you taught them and then selling those drawings however and whenever they wanted within the limits of reason (i.e., not setting up a factory in China to mass produce them). >>>If I were to publish a book on painting and drawing "crickets" and then found a painting that was a COPY of one of the crickets in my book, meaning that they had taken the PATTERN from my book (or a tracing or recognizable rendition) and placed it in their painting...even if they had changed the surroundings, flipped the cricket over, ripped off one of its legs or painted it purple...I would have every right to protect my intellectual property.<<< >>>However if they used the knowledge (just the knowledge, not the patterns) that they gleaned from my book to draw and paint their own "Cricket" paintings and proceed to sell them, then good for them - they are creating their own intellectual property and deserve all compensation<<<. The full intention of a set of instructions (aka, a pattern), is to teach someone how to make something. You cannot turn around and deny them the right to make it. The creator of the instructions has no claim over what is done with the resulting items. None. They received their compensation when the instructions were sold.[/QUOTE] >>>No one is denying anyone the right to make an item for which they have paid for the pattern - I certainly did not say that you could not make the item from a pattern that you have lawfully purchased. I also said that if you make an item and decide it doesn't suit you or you don't like it or whatever....then you can go ahead and sell that one item without impunity. ...however, if you purchase a pattern packet containing a pattern and written instructions with the intent or motivation to sell the item or items and proceed to go ahead and do so then you are infringing on the copyright of the owner if they have stated that the pattern is for personal, non-commercial use. It is actually pretty easy with just a few questions to tell if someone is selling for personal reasons or if they had the intention right off the bat of making money from the pattern. and yes, if you are infringing on someone elses copyright they can and do claim/seize/demand the offending items be turned over to them for disposal as well as receive monetary award and damages. >>> My daughter gifted me a couple of quilting books this past Christmas and I went and looked at what the copyright statement in both of them said which was "items made from these patterns are intended for personal, non-commerical use" seems pretty clear to me...personal use is intending to use the pattern for your own personal use and enjoyment. Commercial use is intending to use the patterns and instructions for the purpose of making money. |
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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Originally Posted by Scissor Queen
(Post 5137814)
Copyright aside, did you really think a designer that's selling an item would actually give permission for somebody to sell the same item? If she really doesn't want somebody making and selling her item then she shouldn't have sold the pattern. Once the pattern is sold she relinquishes all control over any product made from the pattern she sold. You can't have your cake and eat it too.
Our "opinions" will not likely stand up in COURT...I once made a raffle quilt for a non-profit and before I used the pattern , I emailed the designer and asked her for permission to do so. She was quite gracious and gave her approval to do so. She asked that I giver her credit for the pattern design and add her website to the label...happily! SO...when in doubt, just get in touch with the pattern designer first and ask for permission. I would not risk a lawsuit. The sewing and craft world is a small one esp with the internet. I would not risk it. Get permission or accept the answer you get. IMHO sandy |
Originally Posted by jaciqltznok
(Post 5139154)
Just ask anyone who tries to sell a Jane Stickle replica quilt by the name Dear Jane!
There was a quilter on another board who listed a Dear Jane, the author of the books went after her, and ended up losing the battle. The quilter was allowed to sell the quilt, just not call the quilt "Dear Jane." Janet |
"Dear Jane" is a trademarked name registered by Brenda Papadakis, the author of the book. It's a different legal standard than copyright.
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