SavedByGrace

Can anyone offer any information on selling things at craft fairs that you've seen on sites like Pinterest or Etsy? If something has a copyright, can you still use the basic concept, with your own personal tweaking? Or does the entire idea have to be avoided altogether?

NOTE: after posting this question, I did a search on here and discovered some helpful information. My understanding is that you can make and sell products made from the patterns, but not the pattern itself...correct? Also, what about a pattern that specifies that items are okay to make for personal use, but not to sell?

QuiltE

It's a big can of worms!
......... all I can say is to be sure that the info you go with is from a credible source.

You will hear/see lots here on the Quilting Board, and on the internet in general and will soon be even more confused! Just be sure to consider it all, weighing what you learn to make your best decision, with what you know.

ckcowl

If it says for personal use only you could get in trouble. It's easy enough to contact the designer and ask for permission. Quite often they give it. Then you should keep a copy of the permission so if anyone questions it you have proof.

Jingle

There has been lots of discussions on this and copyright laws. I only donate my quilts or give them away. Not worth my time to go to a lot of trouble to try to understand the laws and stuff.

GingerK

Well, to me following a printed pattern and figuring out how to make something, based solely on a picture, are two different things. I can see the photo of an item being copyrighted but the idea?? I doubt you would make the item exactly as you saw in the photo--same colours, same sized squares, same quilting. So how would you be infringing on a copyright if your item is not an exact copy of the photo?

Chytayzie

There have been a lot of discussions and lawsuits concerning this.

This link from legal zoom will give more detailed information.
http://info.legalzoom.com/can-make-i...ric-21253.html

Another page is from an individual that has successfully stopped the bullies from legal action.
http://www.tabberone.com/index.shtml

sewbizgirl

Most designers are willing to extend the "for personal use only" to sales of a few items at a craft fair... they just don't want their items mass produced without a license. Just ask if you are worried.

If you are making your own items from a photo, that photo is merely inspiration, not a pattern. No need to ask. In the fashion industry that is called a "knock off".

All that being said, I have yet to see any copyright lawyers patrolling local craft fairs.

wbfrog

Hi there, I don't mass produce but make just a few items for my farmers market and site my resources (name of pattern and designer) and I also share the information with customers and tell them where they can purchase the pattern and here lately many designers will allow you to make the items for craft fairs.

klswift

You can not copy and resell a pattern (without permission). Once you have made an item, it is yours to sell. The grey area is if someone says you can not sell something made from their pattern. First, I don't think they can do that (after asking an IP attorney). Second, if it bothers you, give the pattern owner credit (at a craft fair, have a small card printed with the pattern maker's info). Third, at your local craft fair, have you EVER seen someone walking around policing the patterns? I really, really don't think this is a concern. Now, if you are making and selling many, many items, the questions may come up. But, if you are concerned about this, then change the pattern to make it different, adding your own spin on the idea.

bkay

If you buy a pattern, you cannot copy the pattern and sell it. If you buy a fabric, you can't send it to spoonflower and have it duplicated and sell it. Both are violations of copyright.

Whatever you make with the pattern is yours to do with as you wish. You can sell it, give it away or throw it in the trash. The pattern or fabric maker can only copyright whatever they are providing, be it their pattern or the design of their fabric. Think of a pattern like a recipe for Green Soup. If the recipe is copyrighted, you cannot sell copies of the recipe, but you can make Green Soup all day long and sell it or take it to a potluck or just eat it.

In many cases, a maker will put a copyright mark on something and never actually get the copyright to discourage people from duplicating their work. It's not like a trademark, which you don't have to actually register. You just have to use a Trademark for it to be your property. A copyright has to be registered with the copyright office. It's not too expensive, but is paperwork intensive unless you hire a lawyer. So, that's an issue as well.

Most copyright infringement is about using someone's Trademark without buying a license. It's like making Dallas Cowboy T-shirts without paying the Cowboy organization to use the TM. Or, making a purse and calling it a Michael Kors purse and putting his name on it and selling it as a Michael Kors purse.

bkay