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Another copyright discussion

Another copyright discussion

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Old 06-04-2013, 05:54 PM
  #71  
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Originally Posted by bigsister63 View Post
And the discussion goes on-----From pattern by BlackCatCreations/2007 "Purchase of the pattern entitles the buyer to make one or more items for NON-COMMERCIAL use. If you wish to sell items made for this pattern, written permission is requirted from Black Cat Creatkions". * And another---From pattern designed by Abigales Quiltery "---Any and all finished items produced from this pattern are protected by Federal Copyright Laws and may not be reproduced for coommercial use in ANY FORM whatsoever without the express written concent of Abygayles."*
Do you think these people are lying???


* these are direct quotes with acknowledgement given to the source therefore not in violation of copyight laws.
So. They can claim anything they want. Making claims does not however make it law. Not having a clue what you're talking about is not the same as lying.
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Old 06-04-2013, 07:03 PM
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I am a trial lawyer by day, quilter by night and this discussion has had me alternately laughing, rolling my eyes, and wanting to scream. Scissor Queen is spot on in her comments throughout. You cannot copyright a design. You can copyright the written instructions or the art (individual photos or drawings) but not the idea. Ideas and concepts are not subject to copyright protection. Further, most patterns fall into a "useful items" designation. That is why you cannot copyright a designer outfit or purse. Putting something on a website under a heading that says "Copyright" does not make it law. If you buy a pattern, you may not reproduce and sell the pattern for profit. You may make the item, share the item, sell the item, photograph the item, etc. to your heart's content. If anyone wants the actual Supreme Court case law, I would be happy to provide it, but I thought I'd save you all from that! Now, pick up your needles and make whatever you want!

Oh, and Big Sister - just because you provide quotation marks and source doesn't mean you can copy something. Whie I understand you were being tongue-in-cheek, if those quotes were really subject to copyright protection you would need the author's permission to reproduce them.

Last edited by spstout; 06-04-2013 at 07:15 PM.
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Old 06-04-2013, 07:38 PM
  #73  
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If I understand the intent of the "commercial use" phrasing that means manufacturing in large quantities for wholesale distribution, as opposed to selling a dozen or so items at a craft show.
Of course it also never hurts to give credit where credit is due, and I think that is always appropriate.
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Old 06-04-2013, 08:42 PM
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What is the purpose of selling patterns if you don't seem to want others to reproduce your work? I don't get what she is trying to accomplish here.
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Old 06-05-2013, 12:20 AM
  #75  
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I think you are all missing the bigger laugh. She doesn't want people posting their own pictures online of quilts they've made with her patterns, yet she will post them on her website! Lol! Sure people want to protect their designs and ideas, but she's taken it to an extreme and won't be getting my business. I did get a good laugh from her comments though!
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Old 06-05-2013, 04:24 AM
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Other than the misunderstood/misinterpreted copyright info she has on her site... why would anyone who is trying to sell something have such and clear adversarial position with potential customers?!! Definitely not someplace I would shop.
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Old 06-05-2013, 04:58 AM
  #77  
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Originally Posted by spstout View Post
I am a trial lawyer by day, quilter by night and this discussion has had me alternately laughing, rolling my eyes, and wanting to scream. Scissor Queen is spot on in her comments throughout. You cannot copyright a design. You can copyright the written instructions or the art (individual photos or drawings) but not the idea. Ideas and concepts are not subject to copyright protection. Further, most patterns fall into a "useful items" designation. That is why you cannot copyright a designer outfit or purse. Putting something on a website under a heading that says "Copyright" does not make it law. If you buy a pattern, you may not reproduce and sell the pattern for profit. You may make the item, share the item, sell the item, photograph the item, etc. to your heart's content. If anyone wants the actual Supreme Court case law, I would be happy to provide it, but I thought I'd save you all from that! Now, pick up your needles and make whatever you want!

Oh, and Big Sister - just because you provide quotation marks and source doesn't mean you can copy something. Whie I understand you were being tongue-in-cheek, if those quotes were really subject to copyright protection you would need the author's permission to reproduce them.
Thank you for this information. I think we are confusing " commercial use" and "personal use". I can see someone using her pattern to make one quilt and giving that quilt away or selling it. But not having someone contract a company in China to make thousands and selling them to brick and motor stores such as sears or Walmart. Am I correct in this statement?
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Old 06-05-2013, 05:27 AM
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This has been a very interesting discussion.
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Old 06-05-2013, 06:06 AM
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Originally Posted by spstout View Post
I am a trial lawyer by day, quilter by night and this discussion has had me alternately laughing, rolling my eyes, and wanting to scream. Scissor Queen is spot on in her comments throughout. You cannot copyright a design. You can copyright the written instructions or the art (individual photos or drawings) but not the idea. Ideas and concepts are not subject to copyright protection. Further, most patterns fall into a "useful items" designation. That is why you cannot copyright a designer outfit or purse. Putting something on a website under a heading that says "Copyright" does not make it law. If you buy a pattern, you may not reproduce and sell the pattern for profit. You may make the item, share the item, sell the item, photograph the item, etc. to your heart's content. If anyone wants the actual Supreme Court case law, I would be happy to provide it, but I thought I'd save you all from that! Now, pick up your needles and make whatever you want!

Oh, and Big Sister - just because you provide quotation marks and source doesn't mean you can copy something. Whie I understand you were being tongue-in-cheek, if those quotes were really subject to copyright protection you would need the author's permission to reproduce them.
Spot on!

Thank you for the clarifications and for your willingness to share your professional knowledge. It is greatly appreciated and should put to rest a lot of the mythology that seems unfortunately to have developed around quilting and copyright.
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Old 06-06-2013, 05:13 AM
  #80  
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More!!! I was just checking internet for "crochet necklaces" and found many cute patterns ALL with the copyright disclaimer. If I choose to make some of these for personal use ( not selling them) then I feel free to make them without permission of the designer. However if I choose to make them to SELL on etsy then I will email the designer and ask permission to sell on etsy. If she says yes the great : if no then I will try another designer! Why not honor the request of the designers (legal or not) by getting permission to sell. I would expect the same respect and consideration of those who want to sell my designs!!!!
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