Copyright aggrevation.
07-24-2010, 01:54 AM
#31
Senior Member
Join Date: Mar 2010
Location: Middle Tennessee
Posts: 702
I might be overthinking this but this is what my little pea brain does this time of morning.
1 - you buy a book with a pattern in it or buy a pattern, and you can't make something with it and sell it? The author of the book or pattern has gotten paid their asking price for this pattern.
Does that mean that a restaurant can buy food ingredients but can't make anything with these ingredients and sell them without asking permission?
No, that is silly! The food companies got what they asked for the product, and the restaurant can do anything with it they want to.
Does this also mean that a baker can buy a cookbook but can't make a cake from a recipe out of the book to sell without getting permission from the cookbook people?
Can a seamstress buy fabric then make an article to sell from this fabric, or does she have to produce her own fabric before she can sell for a profit?
I'm going to shut up now and go back to bed.....even though I could go on and on and on.
Carol B
1 - you buy a book with a pattern in it or buy a pattern, and you can't make something with it and sell it? The author of the book or pattern has gotten paid their asking price for this pattern.
Does that mean that a restaurant can buy food ingredients but can't make anything with these ingredients and sell them without asking permission?
No, that is silly! The food companies got what they asked for the product, and the restaurant can do anything with it they want to.
Does this also mean that a baker can buy a cookbook but can't make a cake from a recipe out of the book to sell without getting permission from the cookbook people?
Can a seamstress buy fabric then make an article to sell from this fabric, or does she have to produce her own fabric before she can sell for a profit?
I'm going to shut up now and go back to bed.....even though I could go on and on and on.
Carol B
07-24-2010, 04:02 AM
#33
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Thread Starter
Join Date: Jan 2010
Location: West central Illinois
Posts: 2,919
Originally Posted by jtrott522
Sept/Oct 2010 issue McCall's Quilting (latest issue I just got it yesterday) has a wonderful article on copyright issues....patterns, magazines, online
07-24-2010, 04:17 AM
#35
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Join Date: May 2010
Location: MA
Posts: 1,507
Originally Posted by Scissor Queen
Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.
I see other people selling places without paying for the right to do so like I did.
I see other people selling places without paying for the right to do so like I did.
07-24-2010, 04:18 AM
#36
Banned
Join Date: Mar 2010
Location: Sturbridge, Ma
Posts: 3,992
i believe you need to look at the pattern and decide what is really under the copyright. Traditional patterns can't be copyrighted. Squares can't etc. Public Domain patterns cant.
The copyright might cover the instructions. What is it about the "design" that is unique. Is it just the specific colors the "designer" used. Sylvia Landman has some very tood info on her web site about quilts and copyright.
The copyright might cover the instructions. What is it about the "design" that is unique. Is it just the specific colors the "designer" used. Sylvia Landman has some very tood info on her web site about quilts and copyright.
07-24-2010, 04:48 AM
#39
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Join Date: Apr 2010
Location: MS
Posts: 3,434
Originally Posted by Scissor Queen
Originally Posted by pam1966
Originally Posted by Scissor Queen
Originally Posted by knlsmith
I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.
I see other people selling places without paying for the right to do so like I did.
I see other people selling places without paying for the right to do so like I did.
This link has a lot of links to actual court cases and court rulings. http://www.tabberone.com/Trademarks/trademarks.shtml
07-24-2010, 05:16 AM
#40
Senior Member
Join Date: Aug 2009
Location: Monroeville, PA
Posts: 547
The problem you run into with copyrighting quilt patterns is that it can fall into a useful item category and those can not be copyrighted.
That was already proven years ago when a dress pattern was copyrighted and then taken to court. You can not copyright a dress pattern.
Now as far as quilts well I guess that would be up to the judge at this present time.
As far as I know no one has successfully sued based on copyrighting pattens, nor selling items resulting from the items.
Check up court cases it is just not there that I can find.
Normally if there has been a court case involving a major pattern maker you should be able to find it in case law.
I wanted to add... I am not a lawyer I do research and look up things for fun.
Also I respect the copyright notice on a pattern. I would never copy a pattern and sell it. Once a pattern is bought and I made the item I would sell it if that was my intention but I do not sell items.
That was already proven years ago when a dress pattern was copyrighted and then taken to court. You can not copyright a dress pattern.
Now as far as quilts well I guess that would be up to the judge at this present time.
As far as I know no one has successfully sued based on copyrighting pattens, nor selling items resulting from the items.
Check up court cases it is just not there that I can find.
Normally if there has been a court case involving a major pattern maker you should be able to find it in case law.
I wanted to add... I am not a lawyer I do research and look up things for fun.
Also I respect the copyright notice on a pattern. I would never copy a pattern and sell it. Once a pattern is bought and I made the item I would sell it if that was my intention but I do not sell items.
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