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Thread: Question about copyright

  1. #1
    Junior Member JanineH's Avatar
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    Question about copyright

    A friend and I are buying a copyrighted pattern together. Is it legal to make a copy so we both have it? There are a lot of knowledgeable people on here. I don't think I've seen this topic before. Thanks for your help.

  2. #2
    Super Member QuiltingVagabond's Avatar
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    I'm not a legal expert, but my gut feeling is no, that would be a violation of copyright.
    QuiltingVagabond aka Kathy

  3. #3
    Community Manager PatriceJ's Avatar
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    no. you definitely cannot make a copy so that both of you have one.
    you must work together so you can share it.
    or one of you can use it and then pass it to the other.
    you only paid for one copy, so that's all you are legally entitled to.
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  4. #4
    Power Poster ManiacQuilter2's Avatar
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    I agree. You must share the pattern you have. A copy would be illegal.
    A Good Friend, like an old quilt, is both a Treasure and a Comfort

  5. #5
    Senior Member Bneighbor's Avatar
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    I would say if you are working on a project together, something you are going to both take credit for, it may by-pass the copywrite. But sharing, lending or copying would be an infringement. In copywrite world "lending, "sharing" and "copying" are all interchangeable words.
    If push came to shove, how will you prove that you bought it "together"? One person bought it (meaning there is one sales receipt) and the other pays her for her half. Technically, one person bought it. The buyer is "sharing", and the other is "giving her half the cost" for the ability to use the pattern, wheather working together or alone. I would think that that may be a problem.
    If you are in doubt, don't share, lend, or copy. Copywrite law is such a pot of mud. I would check with the artist or the copywrite holder before even buying the pattern.

  6. #6
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    Whomever didn't purchase in her name should just be on the safe side and buy a pattern. Cheaper than a lawyer!

  7. #7
    Power Poster Onebyone's Avatar
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    Since you asked then you got the legal answer.
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  8. #8
    RST
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    Two people are paying for the pattern, and they share ownership. That is fine. They can hand it back and forth and take turns using it. That is allowed. One of them could gift it to the other, still fine.

    It is not legal to photocopy the pattern so that each of you has a copy -- that is copyright infringement. Likewise, you can't scan it and give the other person a file containing the pattern.

    Where things get harder to define in the modern world is things like -- can you be at different locations but facetime and share the information in your coversation? I'd say yes, that's ok, because it's much like a phone call. But can you face time the pattern for the other person? Not sure, on that one. On the one hand, it's pretty much the same thing as being in the same room and holding the pattern up so your friend can see it, on the other hand, you're using a facsimile of it, but on the third hand, it's temporary in that facetime session and does not exist as a separate entity.

    So to answer your original question -- it's not legal to photocopy it. It is legal to share it.

  9. #9
    Super Member justflyingin's Avatar
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    Sure, you can share it.....but don't COPY it, as in photocopy or scan it (and print it).

    You can use it, then hand it to her to use. There is no violation of copyright.

    Think "book"....you can certainly jointly own a book.

  10. #10
    Super Member justflyingin's Avatar
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    I posted two times. Sorry. Tried to delete the second one, but can't. Sorry about that.

  11. #11
    Power Poster
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    Bneighbor has it right - I used to work in a law office. But this question comes up now and then, but when you buy a copyrighted pattern, read the fine print and it will tell you that you cannot copy it, or sell it, as that would be in violation.

  12. #12
    Super Member ghostrider's Avatar
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    Quote Originally Posted by MargeD View Post
    Bneighbor has it right - I used to work in a law office. But this question comes up now and then, but when you buy a copyrighted pattern, read the fine print and it will tell you that you cannot copy it, or sell it, as that would be in violation.
    When talking about the actual printed pattern, you most certainly can sell it if you so desire. You just can't duplicate it. Other than a working copy that always stays with the original, you cannot wind up with two copies when you only paid for one.

    As far as the original, however, you can sell it, loan it, donate it, shred it, you can probably even rent it out, just as long as you do not make a duplicate physical copy for concurrent use by more than one person. The author, artist, designer, is the only person with the right to copy their original wording, images, designs that make up the physical pattern...that's why it's called copyright.
    The Earth without art is just "Eh".

  13. #13
    Super Member quilting cat's Avatar
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    I know the purchaser of a pattern has the right to use it, which includes copying so you don't have to destroy the original to use it. This doesn't cover two friends buying one pattern together, I'm sure. I once took a class at a shop, and got everything I needed from the class notes (the pattern was out of stock), but was still required to pay for the pattern the teacher was using when they got it back in stock.
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