brookemarie19

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.

thequiltmama

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 :-(

gaigai

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

brookemarie19

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?

gaigai

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.

mommamac

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?

mamaw

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.

bj

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.

ArtisticDesign

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>>>

gaigai

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

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