Resale, complicated?
#1
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Resale, complicated?
I have read on another site that some copyright owners of patterns forbid the sale of items made from their patterns. I feel as though I paid for the pattern and I own a copy of it. -- If obvious changes have been made to the design/pattern, does it still apply? there seems to be a rather large GRAY area here ----A raffle or charity auction, etc? Seems a bit unfair to me, I assumed most patterns are public domain -- especially the older ones. And due to the fact the materials were paid for by the maker, it seems a bit unfair to restrict what you can do with it....What's your take?
#2
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I agree with you. It use to mean to me at least that a major manufacturer could NOT use the pattern to make a zillion quilts from or even fabrics now but the noose seems to be getting tighter. Why in the world did I pay $8 to $12 for?? is it going to come to a one time use of the pattern??
#3
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Location: The Deep South near Cajun Country, USA
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Copyright infringement has been discussed here several times. Each has their own opinion and then there is the law.
Edited to add: I shouldn't admit this, but I can recreate a lot of patterns using EQ or graph paper....most quilters can. I make changes to them so that I am not using a direct copy of the pattern so that I am not guilty of copyright infringement. Very often I find that the block that is the center core of the pattern is in public domain. Am I breaking the law because I start with their idea but don't end up with it? Who knows? Hope not. I understand not mass producing a pattern, but making one and raffling it, or if someone falls in love with it, letting them reimburse you for your time and expenses should be okay.
Edited to add: I shouldn't admit this, but I can recreate a lot of patterns using EQ or graph paper....most quilters can. I make changes to them so that I am not using a direct copy of the pattern so that I am not guilty of copyright infringement. Very often I find that the block that is the center core of the pattern is in public domain. Am I breaking the law because I start with their idea but don't end up with it? Who knows? Hope not. I understand not mass producing a pattern, but making one and raffling it, or if someone falls in love with it, letting them reimburse you for your time and expenses should be okay.
Last edited by Barb in Louisiana; 04-01-2015 at 09:34 AM.
#6
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Join Date: Mar 2010
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Copyright infringement has been discussed here several times. Each has their own opinion and then there is the law.
Edited to add: I shouldn't admit this, but I can recreate a lot of patterns using EQ or graph paper....most quilters can. I make changes to them so that I am not using a direct copy of the pattern so that I am not guilty of copyright infringement. Very often I find that the block that is the center core of the pattern is in public domain. Am I breaking the law because I start with their idea but don't end up with it? Who knows? Hope not. I understand not mass producing a pattern, but making one and raffling it, or if someone falls in love with it, letting them reimburse you for your time and expenses should be okay.
Edited to add: I shouldn't admit this, but I can recreate a lot of patterns using EQ or graph paper....most quilters can. I make changes to them so that I am not using a direct copy of the pattern so that I am not guilty of copyright infringement. Very often I find that the block that is the center core of the pattern is in public domain. Am I breaking the law because I start with their idea but don't end up with it? Who knows? Hope not. I understand not mass producing a pattern, but making one and raffling it, or if someone falls in love with it, letting them reimburse you for your time and expenses should be okay.
#7
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Join Date: Jan 2011
Location: Southern USA
Posts: 16,419
Designers can attach any rule to their designs but rules are not laws. Only the copyright law will apply. Funny the rules are always next to the copyright law on the pattern. That is to fool you to think it is part of the copyright. Next door neighbor is an attorney who's firm has a publication company as a client. He gets homemade pie, I get questions answered. LOL
#8
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Join Date: Apr 2010
Location: Long Island
Posts: 24,820
so many patterns are just re-makes. I'll see a log cabin done in red and greens and they call it watermelon delight and are considered the "designer". Why are they the designer?? it's alog cabin. I see this all the time. Unless it's completely new or an applique that they drew themselves, how could they be the designer of the quilt. I don't understand it.
#9
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I agree with you. It use to mean to me at least that a major manufacturer could NOT use the pattern to make a zillion quilts from or even fabrics now but the noose seems to be getting tighter. Why in the world did I pay $8 to $12 for?? is it going to come to a one time use of the pattern??
I'm afraid to ask does any pattern maker forbid the resale of their pattern??? if the answer is not yet, I think that day is coming, too. There are lots of CDs from the sewing machine makers that aren't allowed to be resold....what next?
#10
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Join Date: Mar 2010
Location: greater NorthEast
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Designers can attach any rule to their designs but rules are not laws. Only the copyright law will apply. Funny the rules are always next to the copyright law on the pattern. That is to fool you to think it is part of the copyright. Next door neighbor is an attorney who's firm has a publication company as a client. He gets homemade pie, I get questions answered. LOL
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