Beware of copyrights
07-10-2015, 11:17 AM
#21
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Join Date: Feb 2015
Location: Portland OR
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Used books (and DVDs etc) originals can be resold as the publisher's rights in that particular book or DVD expires at first sale. Copyright (not copywrite) is a bit trickier as patterns and designs cannot be copyrighted for useful items such as clothing and bedding. Separable elements can be copyrighted (such as a fancy cast figure on a belt buckle) as can original art. The big question is what constitutes art. Attribution has nothing to do with copyright and in fact can be a violation of trademark in and of itself (think of the brouhaha Alice Starmore raised with using her name to resell her yarns. In the US, quantity made has nothing to do with whether an item is violating copyright or not (highly unlikely). Fair use has nothing to do with attribution. The final object is not what is covered by copyright, but the written words are. Templates are specifically not covered. As Stanford University's Law site says:
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
07-10-2015, 11:28 AM
#22
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Join Date: Apr 2014
Location: NY Adirondacks in Summer and goes "South" to WNY in the winter!
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Used books (and DVDs etc) originals can be resold as the publisher's rights in that particular book or DVD expires at first sale. Copyright (not copywrite) is a bit trickier as patterns and designs cannot be copyrighted for useful items such as clothing and bedding. Separable elements can be copyrighted (such as a fancy cast figure on a belt buckle) as can original art. The big question is what constitutes art. Attribution has nothing to do with copyright and in fact can be a violation of trademark in and of itself (think of the brouhaha Alice Starmore raised with using her name to resell her yarns. In the US, quantity made has nothing to do with whether an item is violating copyright or not (highly unlikely). Fair use has nothing to do with attribution. The final object is not what is covered by copyright, but the written words are. Templates are specifically not covered. As Stanford University's Law site says:
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
what about wall hangings?
Last edited by Terry in the ADK; 07-10-2015 at 11:31 AM. Reason: added question
07-10-2015, 11:29 AM
#23
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Join Date: Oct 2010
Location: Mississippi
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The Tabberone article is only addressing pattern TEMPLATES, like the shaped pattern pieces in your Butterick or Simplicity clothing pattern envelopes. It's different law for artwork, like an embroidery design, or for written text, like a written knitting pattern.
I'm not saying this is you, but this Tabberone article is the one always quoted by people who are looking to circumvent actual copyright law. If Tabberone said it's okay, they can take it. But it's apples and oranges, folks.
I guess the only sure way to know you are violating copyright law is when the lawsuit papers arrive in your mailbox, (or if you are lucky, a 'cease and desist' order, first.) Better safe than sorry.
I'm not saying this is you, but this Tabberone article is the one always quoted by people who are looking to circumvent actual copyright law. If Tabberone said it's okay, they can take it. But it's apples and oranges, folks.
I guess the only sure way to know you are violating copyright law is when the lawsuit papers arrive in your mailbox, (or if you are lucky, a 'cease and desist' order, first.) Better safe than sorry.
The copyright pertains only to the written instructions that you purchased. You may not copy and sell/give those instructions. The pattern designer may not tell you how many quilts you can make or what you do with them once completed. There have been many discussions on this board and I suggest you search for a discussion about "Tabberone"....I think that is the subject. There is lots of information out there that is false, mostly coming from people who don't understand the copyright laws.
07-10-2015, 11:33 AM
#24
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Location: Mississippi
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To make matters worse, you aren't supposed to use half the fabrics made nowadays for any commercial use either! Definitely no licensed character prints, unless you buy a "license" from the parent company (Disney or whoever...).
07-10-2015, 12:16 PM
#26
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Join Date: Feb 2015
Location: Portland OR
Posts: 91
As for your specific case, I would guess (an this is a purely amatuer guess, not legal advise) that the embroidery design would be viewed as art and not a useful item and would therefor be covered by copyright law.
Last edited by MaryTG; 07-10-2015 at 12:35 PM. Reason: correct typo
07-10-2015, 12:29 PM
#27
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Join Date: Mar 2014
Location: USA
Posts: 174
Along this line...I see along a lot of fabric selvedges "for non-commercial home use only." I potentially wanted to make a few things using this fabric to sell on Etsy or the like. I take it this means I can't? I wouldn't exactly call what my use would be "commercial." That seems awfully limiting. I'm noticing this appearing more and more often on selvedges 
07-10-2015, 06:45 PM
#29
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Join Date: Mar 2012
Location: Kenai, Alaska
Posts: 1,150
I question this also as it states the designs are copyrighted but that isn't the same as giving someone else the designs to use. I have a friend who also got caught in a mess like this when she had made a lap robe for a relative in a nursing home and others wanted one and she was told by the husband of the designer that she couldn't sell anything made with those patterns. I questioned that answer also.
07-10-2015, 06:50 PM
#30
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Join Date: Mar 2012
Location: Kenai, Alaska
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Right or wrong, consider the facts of this case.
This is a well-known company with probably more than enough money to take you to court.
You asked and were formally denined permission to make and sell multiple copies of the design so they now know your name and probably the sales venue as well.
The question you have to answer is this: are you willing to risk a court battle to prove the company is over reaching its authority?
This is a well-known company with probably more than enough money to take you to court.
You asked and were formally denined permission to make and sell multiple copies of the design so they now know your name and probably the sales venue as well.
The question you have to answer is this: are you willing to risk a court battle to prove the company is over reaching its authority?
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