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the pattern itself is what is protected----if the person at the craft fair was trying to sell copies of the pattern that she had copied herself---that is an infringement---
you can not publish or copy other designers patterns and sell them as your own- when you purchase a pattern you can use it to create something of your own & do with it what you want. |
I am so confussed................so I purchased a quilt pattern, and made the quilt. I had it for a while but my taste changed, or my space became too limited for all...........therefore I decided to sell it............I can't? calla
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Originally Posted by calla
(Post 5130542)
I am so confussed................so I purchased a quilt pattern, and made the quilt. I had it for a while but my taste changed, or my space became too limited for all...........therefore I decided to sell it............I can't? calla
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Originally Posted by lwatts
(Post 5130457)
She is so Right!
there is a site called Tabberone's, they have faught against all the Big large guys for this very reason, they have won them all also. The large companies say this all the time but the way the USA laws work, once it is put into production, the seller looses all control... they can yell and start a sceen, but they will not be backed up by the laws. here is the website! this is a great read.. ww.tabberone.com/Trademarks/trademarks.shtml EAch case, each person, each designer, each issue all deserve to be looked at and the facts taken into consideration! |
that person could have gotten permission. you don't know. report it if necessary.
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native texan, the question is really from curiosity. I was seeking various opinions. It is way too late to do anything...the craft fair is past, I didn't take the name of the person, etc.
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MYOB. you don't have the facts and as others have noted, the designers can state whatever they want but they cannot control what you make with the pattern
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Originally Posted by catmcclure
(Post 5130419)
Maybe the original purchaser of the pattern made the quilt and gave it away. The recipient has NO contact, commercial or otherwise, with the designer. Maybe they didn't even know it was a designer pattern. Sort of like the knockoffs of designer handbags. The feds will arrest anyone selling the bags but won't prosecute anyone who just owns one.
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I know you have to have a quilt label stating who the designer is, that's all. Most people are now putting who made it and who machine quilted it also. I see people selling quilts all the time on ebay and etsy stores. I know a lot of them are from patterns, but who cares. I agree that it's the pattern itself that can't be copied and sold. I've read all about this.
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No matter what your position on the "legality" of the designer's statement, why on earth would you go out of your way to confront a seller at a craft show and virtually accuse them of stealing from the designer? What a hurtful thing to do! Re-read some of the threads posted here by members who have had the quilt police criticize them for one reason or another and see how such actions affect people. You did the right thing...walked away.
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