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The First-sale doctrine says you can resell or give away a copyrighted item. You can't make a copy of the item to give away or sell.
"The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material object in which the copyrighted work is embodied is exhausted. The owner of the material object can then dispose of it as he sees fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it away, or destroy it. However, the owner of the copy of the book will not be able to make new copies of the book because the first-sale doctrine does not limit copyright owner's reproduction right." |
It's a good thing for us that our great-grandmothers did not try to copyright all the old original quilt patterns. In those days it was all about sharing. Now money is king.
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Originally Posted by janRN
(Post 6982069)
On a related note, we post lots of pics of quilts here that we make. I think it's important to give the name of the pattern. It gives credit due to the designer and offers others the chance to purchase or seek out that pattern. Lots of times I'll see a quilt pictured here and think it was designed by the poster. Then I see the pattern in a catalog. Even if you've changed the pattern, I think a comment such as "adapted from" or "based on" a pattern by so & so would be respectful to that designer.
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Originally Posted by Jan in VA
(Post 6981864)
This post makes me wonder if you received a hand slap from someone....like maybe the designer? If so, I'm sorry that happened. Knowing what you now state, and having had a personal pattern infringed upon by another shop teacher, I try to be meticulous about this topic. It would be better if we all remembered that the law states the designer has the right to benefit financially from her/his work.
Jan in VA |
Originally Posted by DOTTYMO
(Post 6981875)
The only time I feel copying and giving to a genuine quilter to make is when the designer has stopped printing the pattern and shops are sold out., is perhaps permissible .
Would you.? |
Originally Posted by janRN
(Post 6982069)
On a related note, we post lots of pics of quilts here that we make. I think it's important to give the name of the pattern. It gives credit due to the designer and offers others the chance to purchase or seek out that pattern. Lots of times I'll see a quilt pictured here and think it was designed by the poster. Then I see the pattern in a catalog. Even if you've changed the pattern, I think a comment such as "adapted from" or "based on" a pattern by so & so would be respectful to that designer.
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But if it's in a magazine and you bought the magazine, isn't that pattern yours to use ? And why couldn't you share it because you paid for it in the magazine? I have shared my magazines with others before, I can't testify if they traced out the patterns and used them or not, don't really care, because I paid for that magazine. Maybe patterns shouldn't be placed in magazines if they don't want them used or shared?????? HHHMMMM
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Originally Posted by Wonnie
(Post 6983511)
that the finished product could not be sold or reproduced for sale to others or used for your own personal use. Why would I spend $12.00 for a pattern that I could not make for myself?????
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Originally Posted by illinois
(Post 6983332)
if it's illegal to copy an idea, what about Pinterest?
The reason why so many people take "public domain" and traditional quilt designs, write up instructions, and sell the pattern is because there are always buyers. New quilters come on the scene all the time. Some people like to have things all figured out for them already, so they don't have to do the math. New techniques and tools are developed which make the pattern easier, and we need instructions on how to use them. |
Originally Posted by Wonnie
(Post 6983511)
Several years ago I found a quilt pattern I really loved. There was a copyright printed on the back that stated the purchaser could not duplicate, copy or sell the pattern and that the finished product could not be sold or reproduced for sale to others or used for your own personal use. Why would I spend $12.00 for a pattern that I could not make for myself?????
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