"Sharing patterns" - i'm in a quandry!
#11
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Join Date: May 2009
Location: Houston, TX
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Originally Posted by DogHouseMom
So I have to ask. What is the difference between someone "sharing" a pattern and someone selling a used pattern here on QB? The only difference is that the original purchaser gets a few $$ but not anyone else in the loop.
Just curious - not judgemental. I've bought used books here and I guess now I'm questioning it.
Just curious - not judgemental. I've bought used books here and I guess now I'm questioning it.
You shouldn't have to make too many explanations. Friends don't need them and enemies won't believe you anyhow.
#12
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Join Date: Aug 2010
Posts: 601
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It's just the way the law is written. It is completely legal to buy/sell used books and patterns.
Originally Posted by DogHouseMom
This topic has come up a few times, friends who want/assume they can use patterns that they know you have and the controversy with regard to the designer's rights to the pattern, not to mention the markup the retailer would have received, and the printer (etc).
So I have to ask. What is the difference between someone "sharing" a pattern and someone selling a used pattern here on QB? The only difference is that the original purchaser gets a few $$ but not anyone else in the loop.
Just curious - not judgemental. I've bought used books here and I guess now I'm questioning it.
So I have to ask. What is the difference between someone "sharing" a pattern and someone selling a used pattern here on QB? The only difference is that the original purchaser gets a few $$ but not anyone else in the loop.
Just curious - not judgemental. I've bought used books here and I guess now I'm questioning it.
#14
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There are numerous threads on here about copyright laws so you should do a search. If your friend works in a quiltshop she knows the law and knows it is wrong to do this. That is one reason QS's will NOT take back patterns for fear the purchaser copied the pattern. You can legally sell patterns/books you have used but cannot photocopy them for friends.
#15
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Join Date: Mar 2008
Location: Pacific NW
Posts: 4,394
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If she just said "we" could start tracing it, she may have just meant she'd help you. She may not have been assuming she'd get a copy. When you're done with the pattern, I would think you could loan it to her (the original pattern) without infringing on the copyright.
#16
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Originally Posted by Mattee
It's just the way the law is written. It is completely legal to buy/sell used books and patterns.
"The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once ownership of that copy has passed to someone else, as long as the copy itself is not an infringing copy. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."
I'm more comfortable with the whole concept now.
My suggestion to the original poster (getting back to the subject) is if your uncomfortable with it tell her exactly how you feel. Keep in mind that you are receiving a service for sharing the work. Is she a friend that infringes on your good-will often? If so, I too might be reluctant, and instead opt to do the copying at home. If not, I would share on the basis that the service she is offering is worth half the price of the pattern.
#17
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So, you would be in the clear to make the pattern and then sell it to her? At that point, what difference would it make if you shared? The designer isn't going to make any more money either way.
It seems that if we are so concerned about designers getting their cut (and we should be so they can keep designing), we should all agree that we won't sell used patterns.
Just realizing the loopholes in copyright laws - I've never really thought about it before.
It seems that if we are so concerned about designers getting their cut (and we should be so they can keep designing), we should all agree that we won't sell used patterns.
Just realizing the loopholes in copyright laws - I've never really thought about it before.
#18
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Join Date: Jan 2011
Location: Dayton, OH
Posts: 661
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I agree with everyone's comments.
This goes to the heart of the copyright laws and their issues. It is also shocking to hear from someone who works directly in the industry.
I would not continue the practice (if you have in the past) of using the store's light box in the future even in a class setting. I would get my own to use at home.
I would have a frank discussion with this person. You might also want to have this discussion with others being present. That way you would have witnesses to your conversation with her. You are right in your opinion and stand. I would explain your thoughts to her and say that as a professional herself, you know that she will not take your answer personally. She should want to support the designer and her work and the buying of patterns and books is how that is accomplished. She needs to get her own copy for her own use. If she does hold this against you in your future dealings then she was not a true friend.
Pam M
This goes to the heart of the copyright laws and their issues. It is also shocking to hear from someone who works directly in the industry.
I would not continue the practice (if you have in the past) of using the store's light box in the future even in a class setting. I would get my own to use at home.
I would have a frank discussion with this person. You might also want to have this discussion with others being present. That way you would have witnesses to your conversation with her. You are right in your opinion and stand. I would explain your thoughts to her and say that as a professional herself, you know that she will not take your answer personally. She should want to support the designer and her work and the buying of patterns and books is how that is accomplished. She needs to get her own copy for her own use. If she does hold this against you in your future dealings then she was not a true friend.
Pam M
#19
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Join Date: Mar 2011
Location: Org. Texas now Florida
Posts: 847
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Originally Posted by coffeegirl
I have a good quilting friend and recently we went shopping and I purchased a pattern. It was a $12 pattern with lots of embroidery in it and we both loved it. She works at a quilt shop where there is a large light table and said when it came time to trace my pattern I could come in and use it. When I was there yesterday she asked if I brought the pattern so "we" could start tracing it. It seems she assumed that I would share the pattern with her. I think that if she wants to make her own, she should have have purchased one herself. Am I being selfish? The designer of the pattern deserves her cut too! I am concerned about offending my friend. I know people do this all the time, but it doesn't sit right with me.
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