Go Back  Quiltingboard Forums >
  • Main
  • Copyrights for closed business >
  • Copyrights for closed business

  • Copyrights for closed business

    Thread Tools
     
    Old 07-27-2015, 12:17 PM
      #11  
    Senior Member
    Thread Starter
     
    Join Date: Apr 2010
    Location: Wichita Falls, TX
    Posts: 640
    Default

    Thanks for the link. I have contacted them and am awaiting a reply. I'll let you all know what I find out.
    AudreyB is offline  
    Old 07-27-2015, 12:20 PM
      #12  
    Power Poster
     
    Join Date: Nov 2009
    Location: Mableton, GA
    Posts: 11,277
    Default

    Originally Posted by Peckish
    Have you ever sold a paperback at a garage sale? Did you send the author and original publishing company a percentage of the proceeds of the sale? Once you purchase the book, you are free to do what you want with it. You may not re-type or photocopy the pages and publish it as your own. Same goes for a written pattern. You may give it away, trade it, or sell it. You simply cannot copy the pattern instructions and illustrations and sell them as your own work product.
    Thanks Peckish
    Stitchnripper is offline  
    Old 07-27-2015, 12:54 PM
      #13  
    Power Poster
     
    dunster's Avatar
     
    Join Date: Mar 2009
    Location: Lake Elsinore, CA
    Posts: 15,223
    Default

    Originally Posted by Peckish
    Have you ever sold a paperback at a garage sale? Did you send the author and original publishing company a percentage of the proceeds of the sale? Once you purchase the book, you are free to do what you want with it. You may not re-type or photocopy the pages and publish it as your own. Same goes for a written pattern. You may give it away, trade it, or sell it. You simply cannot copy the pattern instructions and illustrations and sell them as your own work product.
    Absolutely correct, but copying is forbidden under any circumstances (except copying portions for your own use). You cannot copy and sell or copy and give away, whether or not you are claiming it is your own work product. However you can dispose of the original pattern in any way you wish. You may even sell it for more than you originally paid, which is often the case with out of date patterns.
    dunster is offline  
    Old 07-27-2015, 05:36 PM
      #14  
    Power Poster
     
    Join Date: Dec 2008
    Location: Western Wisconsin
    Posts: 12,930
    Default

    Originally Posted by AudreyB
    I found a copy of the pattern on ebay and have included a link to it.

    The pattern is "Home for Christmas, Simple to Sew Tree Skirt Pattern" by Nancy J Smith and Lynda S Milligan, published by Possibilities in Denver, Colorado, copyright 1995.

    http://www.ebay.com/itm/351326504630...%3AMEBIDX%3AIT

    Thanks for the help everyone.
    There are 11 of these for sale on Amazon, although many are for ridiculous prices. You can also Google the ISBN as it may be available on used book websites too.
    Prism99 is offline  
    Old 07-27-2015, 06:01 PM
      #15  
    Member
     
    Join Date: Oct 2011
    Location: Bellevue, WA
    Posts: 73
    Default

    Originally Posted by Bree123
    If it was a true copyright (one of my favorite designers pursues the less expensive design patents instead), then it is still in effect.
    This makes no sense - I believe you have things backwards or otherwise confused. First of all, Copyrights and Patents apply to completely different things. You can copyright a work of art, or written instructions and you apply for a patent for an invention or an idea for an invention. For instance, you can copyright a painting but you can't patent it. If you come up with a new airbrush tool for making paintings, you could apply for patent for the tool, but not copyright it (although your instruction for using the tool would be copyrighted).

    Also, copyright is free - it is implied for all pieces that it applies to. You can strengthen your ability to uphold the copyright in court, should you ever need to do so, by registering your copyrighted works with the appropriate agency, but it's simply a matter of submitting a sample of the work along with a modest application fee. But as I said, it is technically copyrighted whether your submit the registration or not. Submitting the registration simply makes it easier to prove in the future that it was your original creation.

    Patents on the other hand usually require the assistance of a patent attorney who specializes in the type of invention you are attempting to patent, at the cost of many thousands of dollars, along with the patent application fees, which I believe are well over $1000 themselves.
    Kristi.G is offline  
    Old 07-27-2015, 06:10 PM
      #16  
    Power Poster
     
    dunster's Avatar
     
    Join Date: Mar 2009
    Location: Lake Elsinore, CA
    Posts: 15,223
    Default

    I just looked at the pattern you want to use, and while the instructions are certainly copyright protected, the design of the tree skirt would not qualify as sufficiently original work to itself be copyright protected (IMHO). What that means is that you can write your own directions (being very careful not to copy any of the directions from the original pattern - in fact don't even refer to it while writing) and use those directions for your class. When I took my first quilting class, the instructor had done that, although I have to admit her writing was not that clear, and I would have preferred to have purchased the original pattern.
    dunster is offline  
    Old 07-27-2015, 07:10 PM
      #17  
    Power Poster
     
    Join Date: Jan 2011
    Location: Southern USA
    Posts: 16,278
    Default

    I went to a Christmas in July event at a quilt shop last year. The free hand out pattern was this tree skirt! Different name but looks exactly like this. I know many made copies for their guild to pass out. Seemed to be everywhere for a few months. I probably still have the hand out somewhere, I'll look for it tomorrow.
    Onebyone is offline  
    Old 07-27-2015, 07:54 PM
      #18  
    Senior Member
    Thread Starter
     
    Join Date: Apr 2010
    Location: Wichita Falls, TX
    Posts: 640
    Default

    Onebyone, I hope you can find it. That would be great!

    I have written dozens of patterns and can easily write instructions for this or one similar to it. I was trying to do the right thing, plus I was trying to take the easy way out---writing instructions can be complicated.

    I haven't heard back from the company yet but will let you know what they say when they respond.

    Many thanks for all your input.
    AudreyB is offline  
    Old 07-28-2015, 04:01 AM
      #19  
    Super Member
     
    Join Date: Jul 2008
    Location: Keller, TX
    Posts: 1,937
    Default

    You can resell patterns on ebay etc., there is no copyright issue with reselling the original pattern. Someone has already paid the pattern makers with the first purchase. You cannot copy the pattern and sell it as an original.

    About the tree skirt. This is a simple wedge tree skirt. I would suggest getting a wedge ruler and make your own skirt. Just measure the size of the wedge (degree) you will need from your pattern. Then you can do the point or scallop on the end. You could do solid or printed one piece wedges and solid "tips" around the edge. Let your class decide. If you get one wedge ruler, you could make templates for your class. I wouldn't fret over using this pattern. Make your own. You cannot reprint the instructions. But you can write your own. Have fun!

    Last edited by Lady Diana; 07-28-2015 at 04:04 AM.
    Lady Diana is offline  
    Old 07-28-2015, 05:22 AM
      #20  
    Power Poster
     
    Join Date: Jan 2011
    Location: Southern USA
    Posts: 16,278
    Default

    I looked at most of my patterns and haven't found it. I'll keep looking. It could be stuck in a quilt book.
    Onebyone is offline  
    Related Topics
    Thread
    Thread Starter
    Forum
    Replies
    Last Post
    Elfi2
    General Chit-Chat (non-quilting talk)
    8
    01-02-2011 06:20 PM

    Posting Rules
    You may not post new threads
    You may not post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is On
    Trackbacks are Off
    Pingbacks are Off
    Refbacks are Off



    FREE Quilting Newsletter