The solution to the question about selling products made from bought patterns
 

I bought the pattern "Hot Bowl Hot Pad" today by Whistlepig Creek Productions. As I was reading the back page I saw this at the very bottom.

"Susan Marsh 2011. All rights reserved. Finished product may be used for fun or personal profit(craft shows) only and may not be mass produced. Pattern may not be reproduced by any method."

This way there is no question about what you can do with this pattern.

I have seen a lot on the internet that say for personal use only, etc. Not on a pattern, that surely makes it more easy for us.

I have seen that a lot on patterns. I think it is very generous of this designer to allow people to sell at craft shows - usually that's not allowed.

Yes, this would definitely be helpful if all patterns were like that. Clearly stated, no debate!

Nice of Susan Marsh, if all patternmakers were only so understanding and would allow craft shows.

She can clearly state anything she wants to on the pattern. That does NOT make it LAW! She could just as clearly state that you are to only use the "hot bowl hot pad" on the fifth Tuesday of every month and only the fifth Tuesday.

it is an easy step to write or call a designer/copyright holder and ask permission if a pattern is not marked-but it does make it easier when they do add (their preference) to the pattern.
i have patterns that state you may make, and sell up to 10 of the item---always wondered---really? how are you going to know if i make 10=or 30===besides their hope that we are honest---they do hope for honesty-and really it comes down to not mass-producing
but i did work over a year on an appliqued quilt which i really wanted to sell- when it was finished i took pictures and sent an email with pic to the copyright holder asking permission to sell the quilt---they said no- i am not allowed to sell it- or display it on the internet- kind of bumbed me out- now i have a quilt which does not work in my world---is very large- is beautiful- i have over $600 into it and really don't want to just give it away---so it sits in the closet-waiting for me to figure out what to do with it--from now on-before i even start a quilt i plan to sell i will get permission first---if i use someone's pattern- i've steered away from using copyrighted patterns- the designers will just not get my business much anymore- i'll make up my quilts myself- it does surprise me when permission is denied- as long as you clearly state the design source on the label it seems like good (free) advertising for the designer- but i guess some people have other ideas-
anyway- if you use a copyrighted pattern you should always make sure to get permission before selling the item- and be sure to include the pattern source (name and designer) on the label....copyright infringement penalties can be stiff :( many people tend to blow this off- and believe it is ridiculous (maybe) and a waste- how will anyone know---but when a person does get caught---boy---it's really not worth the penalties---

No pattern designer has the right to tell you what you can or can't do with something YOU make. The law does not give them that right and it never will. Sell your quilt.

My good ole bud, Scissor Queen!!!!! First Sale Doctrine of copyright law: the copyright holder/owner receives ALL THEY ARE ENTITLED TO RECEIVE UNDER THE LAW WHEN THE ITEM IS FIRST SOLD. After that, the owner can do whatever they wish with the item - resell it. In the case of patterns (governed by Patent Law, not Copyright Law), the purpose of the pattern was to recreate the item; so you can recreate as many as you wish, sell them all and keep all the profit. The pattern creator does NOT get any further $$$ compensation from your recreated items.

That said, you CANNOT take her pattern overseas and have a small Chinese village recreate them, you CANNOT reprint the pattern for distribution in any form without permission (but you can duplicate the templates and pattern pieces if they are consumed in the process of creating the item), you cannot claim the design as your own. You can re-sell the pattern (say at garage sales). THAT's the law, and it's being upheld in federal courts coast-to-coast for the last decade.

Hope this helps. My sources are several copyright and patent law attorneys I spoke directly with in preparing a guild program on this subject.

Thanks Wunder-Mar,I also talked with an attorney about this and he said almost the same as you did.All the items you make are yours to do with as you wish.The 1 thing you have to be careful about is.If you and your friend Jane are making a quilt together and 1 of you buys the pattern,you can copy it to GIVE to Jane,not sell.Also you cannot copy 50 copies and SELL for profit.

In the case of two people working on a single quilt together, one from the original pattern and one from a duplicated copy (and I don't believe that even this is legit), I think you would find that once the work is done and the quilt is finished, only one of those people can walk away with BOTH copies of the pattern or else the copy must be destroyed. You cannot wind up with two copies from which to make future quilts separately. Just as the 'copying' prohibition does not kick in at 50 (it starts at 1), give, trade or sell has nothing to do with it. It is the 'reproduction' that is illegal, not the distribution method per se.

Thanks for the start of this thread. I'ved learned a lot of valuable information!

I found a site with a Kindle cover that I wanted to make. I had people ask me if I would sell them. So I wrote to the designers and asked if I could sell them. They said, sure, but would I put a card inside that told folks where I got the pattern from. They even sent me a card that said __________ is an authorized Kindle cover seller. Then they had their website at the bottom. I thought that was pretty cool and that's what I do. I think it is also a courtesy that I put the card in and that it thanks them for being so sharing.

I've also found that if you ask folks for permission to make patterns, that they will gladly share with you. Most people are very kind and flattered that you might want and enjoy their pattern.