More discusion about copyright issues
 

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.

Copyright is very technical and very tricky. I like to stay completely on safe side. I think you did the right thing.
One time in surfing the net, I ran across a finished quilt that was for sale on a private website. It was an exact replica of a famous designer(Nancy) in her Landscape Book. I wrote to Sewing with Nancy and gave her the website. She wrote back and said it was violation of copyright, and thanked me. The private website, removed the Replica Quilt.

Traditional Quilt blocks are not copyrighted, to my knowledge, so they can be created and sold, at least this is my understanding.

I don't know what to tell you. It's such a complicated issue and there are conflicting stories depending on who you ask. This was just recently discussed on the board, search for copyright and see if those threads are any help to you. Personally I think if you alter the design some, you should be okay but don't know if that's legally correct.

To me I feel that if it was published then the copyright was no longer valid. Once you make something pubic then it is yours to do with as you please. Telling you not to sell on Etsy because she sells it on there is like you telling me not to sell my stove in a yard sale because you have a stove in a yardsale, Just my thoughts.

Sounds like this is one where the pattern is copyrighted, but pattern designer cannot dictate what you do with items made, unless you are mass producing. However, I agree with being safe and would have not kept the book either. If she wants that much control, she needs to not publish her patterns! Why should we let her make that $ by buying her book if we cannot do as we want with the items made????

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.

I always read the copyright BEFORE I buy any pattern or book.... and never buy any with copyright that is restrictive--can't sell items at craft fairs, etc.... Another set of patterns to avoid are the Atkinson's.... can't make and sell these either....

If your pattern came from somebody else's pattern you saw it is still theirs--is the way I understand it. The IDEA came from 'their hard work....' or that is the way I understand it...

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.

This copyright stuff is horrible. I'm glad I don't sell my quilts. I even heard you can't give them away without permission. Do they expect us to keep all the quilts we make? So, if you add an extra border or make the border a different size, would that constitute a different pattern and then you can sell it?

The question is "is each pattern copyrighted?" Or is the book copyrighted (words, phrases)? I would have asked the designer for the copyright #. I am wondering if their is a lawyer quilter who can shed some light on this. I am not a scoff law - but I would ask for more clarifying information from the designer to see what legal tool covers her words. If I use sequins to make a design/pattern, and market the design in my book without legally copyrighting the design but the book is copyrighted, who am I to restrict free trade? If the book gives directions on how to make the pattern isn't that implied permission to use their design? Then any fabric store that sells a copyrighted fabric is breaking the law. They are profitting from the copyrighted design.

Gee I am confused.