Ok ladies and fellas, I have a question for you. How do you know if you are allowed to sell a quilt that you have made from other people patterns? I have went to a couple of sights and can't find anywhere if they are allowed to be sold or not. I don't want to run into any copyright issues, but don't know what is or isnt allowed. Tried to do a search for this, but just kept finding stuff that was just about getting a pattern copyrighted, but that isn't what I'm looking for.

I am not sure but I have sold finished quilts and quilt tops from other peoples patterns. I thought that is why they sell the pattern. But I could definitely be wrong, sorry I couldn't help more :-(

Yes you can. This has been asked over and over on this forum. Just search for Copyright. Or better yet, check here

http://www.tabberone.com/Trademarks/...ndQuilts.shtml

http://www.tabberone.com/Trademarks/...rnsIndex.shtml

Ok, on those sights I see that patterns cannot be copied and sold. I know that, but there is no where that it says whether I can sell a quilt made using their patterns. If I do, then would I need to put where that pattern was gotten from on a tag or something for these?

No, read further. No, you can't copy the pattern and sell it, but YES you can make a quilt from a pattern and sell it. Permission to do that is implied in the sale of the pattern. Read further, and check out Tabberone's messages posted here on the board:

http://www.quiltingboard.com/user_po...um=7907&page=1

In the Supreme Court ruling, Baker v Selden, 101 US 99 (1879), the court stated that a claimed copyright on "patterns for cutting dresses and basques for ladies, and coats, jackets" was "printed and published for information, and not for use in themselves" and the copyright owner could not control the making of the clothing items.

In the Supreme Court ruling, Baker v Selden, 101 US 99 (1879), the court stated that a claimed copyright on "patterns for cutting dresses and basques for ladies, and coats, jackets" was "printed and published for information, and not for use in themselves" and the copyright owner could not control the making of the clothing items.[/quote]

So, how does using licensed fabric play into this?

I think the laws for such stuff are so very confusing. I got in trouble for offering to share a pattern from an older magazine on here; but yet, people can resell patterns,books, and magazines for money. Go figure!!!! That is what patterns are for, so we can make them.

I'm no expert, and I don't sell my quilts, but the distinction may be the difference between reselling the actual pattern or selling or sharing a copy of the pattern. But I don't know for sure.

I hesitate to bring this up because I don't know all of my facts..But I was just reading about this on someone's quilting site yesterday ( don't even know the date that it was written).. uuugh I can't remember who's, I do believe it was a blog....This person sold her patterns and or fabric etc, her site's very popular...
Anyway, she had dedicated a whole page on the subject of some recent McCalls article..Where McCalls made some kind of statement that from now on if someone had intentions of making money from selling a quilt/quilt show etc from a designers pattern...They had to first get written permission from the designer...
The lady had been flooded with emails (as had been many designers) asking if it were true and or for written permission... The lady was very upset about that article and said to consider this her "Blanket Statement of permission to use any of her patterns with the intent to sell ( the quilt made from her pattern Not the pattern itself)....All that she asked was that you gave credit to the pattern designer on the quilt lable and she posted an example ( the example also acknowledged the quilt makers longarmer)..Advising we do this with all lables
Another blogger had posted to her that a popular quilting show in her area had just let it be known that they would be following the rules from that McCalls article and checking permission slips...
Personally I would aknowledge the designer on my lable and make sure to read the rules of any quilt show enteries...I don't see how they could enforce this anyway...

Please note that I am paraphrasing heavily here as well as having just woken up and have not had my second cup of coffee yet (laugh)... If anyone knows of this McCalls article or this site ..Do feel free to correct me... I'll look for the site I read all this on and post the link If I find it...
:: stumbling off toward the coffee pot>>>

Here is the article and information about it from tabberone giving the facts.

http://www.tabberone.com/Trademarks/...ompanies.shtml

Tanks giagia (smile)

I wonder if the one lady who stated that her quilt show was enforcing these rule was exagerating...
And good to know that the original article was Not written recently.

I would think that if a person is putting a pattern out there to make, I would then assume that the quilt was made by you, following the pattern. The pattern itself can't be sold, but, the quilt YOU MADE can. I don't see any reason why not. You might want to mention. this quilt was made from a pattern by Jane Doe.
If you buy patterns in a store for anthing, knitting crocheting, needlepoint... etc.. they are being sold so that you can use the pattern to make, and whatever you make, be for you or someone else or sell it at a craft show, that is your perogative

I always read the fine print on the patterns. I know that Atkinson patterns has a copyright on items made with their patterns--you can NOT sell them. I know that items made with Eleanor Burn's patterns CAN be sold. I started reading the fine print before buying any pattern or book and don't bother wasting my money on the restricted copyrights. I never know if I am gonna' sell the item or give it away and don't want to worry when I make something.

Neighbor is copyright attorney. You can sell any item made from a bought pattern and can display it in public, don't take credit for the design and don't go into business or marketing of the item. Giving credit to the designer is appropriate and expected but not illegal not to. If you enter a show or event you have the obligation to follow their rules whatever they may be.

I have quite a few patterns that say right on the pattern 'items made from this pattern cannot be sold' or something similar. I have no intention of ever selling anything I make but who is to say someone I give one to doesn't decide to sell it? And not seeing the pattern, they wouldn't know what the designer wanted. Or what if I have quilts I've made for myself and used and need to sell them to make money? I have to admit it makes me a bit miffed when I see that statement and makes me not want to buy that company's patterns anymore. Even though I don't sell finished projects now, I might someday.

There is the same issue with embroidery designs, but with them you are simply limited to how many items you may sell at one time with that particular design.

Copyright stuff, like Disney, is a little different. But the general school of thought is, once the copyrighted item is offered up for sale, and it's purchased, the purchaser then has the right to use that item as they see fit, and this includes creating and selling a finished product. By selling the product, the copywriter has, in effect, waived his right over control.

One pattern I have, Through My Window from Patch Works, has a very explicit policy - they ask that you contact them regarding selling their design once made. If you ask permission, what they do is just limit how many you can offer at time, like no more than 5. It's a pretty intricate design, I can't imagine anyone making more than 5 to sell.

When I have items with copyrighted designs for sale, I always carry a disclaimer with me in case somebody asks. I've never had to show it.

A pattern can have any rule put on the package. The pattern owner can say "ONLY red and green fabric can be used in the making of this quilt pattern. Breaking a rule is not against the law. Copying, distributing, stealing design, etc. is what is protected by law. Use common sense and don't cheat anyone out of fame or money and that's all that is required.

doesn't this fall under"first sale doctrine"? from what I've been told the copyright is for the patterns/instructions not the items an individual would make.
to me it's like buying a cake mix then being told you can't sell the cake you made with it.

If you check out the tabberone site, you will see that even though the patterns say that, it is NOT true. Check it out.