Patterns from Magazines
11-21-2013, 02:01 PM
#12
Member
Join Date: Sep 2013
Location: Kansas
Posts: 82
This is an interesting topic. I buy books and music online for use on ipad, ereaders, etc. and there has been a lot of discussion as to whether those of us who do that really own the book or the music. If I buy a hard copy, I can take it to a used bookstore and sell for half price, but if it's a digital version, I can't legally let a friend download or copy to her device. Gray areas for sure!
11-21-2013, 02:24 PM
#13
Senior Member
Join Date: Nov 2012
Posts: 375
11-21-2013, 02:32 PM
#14
Power Poster
Join Date: Jan 2009
Location: Reno, Nv
Posts: 16,564
This is a email I received from one of the sellers I bought from. It is pretty interesting. Not that I have any opinion about it at all, for I buy them myself if they interest me. Here is the email ....
Occasionally I have an eBayer question me as to whether selling patterns from magazines is legal. I want to assure you that it is. The problem is not understanding the difference between COPYright and RESELLright Laws. If you have concerns please read the following information:
Once someone has legally purchased a magazine, they have the right to resell it, tear it apart, or discard it in any way they want. This right falls under the FIRST SALE/RESELL LAW (a section of Copyright Law). The buyer paid for the right with their purchase. The publisher and designer/s received payment on the FIRST SALE, and cannot claim additional money for re-sales. Of course the resell must be ORIGINAL pages… not COPIES.
Which brings us to COPYRIGHT LAW. Patterns (even one magazine page) cannot be COPIED and then sold without permission from the publisher and/designer. This violates COPYright Law. Not only is it illegal to sell copies of patterns but also to BUY copies of patterns. Be aware that there are sellers on eBay who will make copies of one or more of the pages of the magazine patterns they sell. This is prohibited by eBay and against the law, but it still happens. You can feel confident knowing that I am not one of them.
Occasionally I have an eBayer question me as to whether selling patterns from magazines is legal. I want to assure you that it is. The problem is not understanding the difference between COPYright and RESELLright Laws. If you have concerns please read the following information:
Once someone has legally purchased a magazine, they have the right to resell it, tear it apart, or discard it in any way they want. This right falls under the FIRST SALE/RESELL LAW (a section of Copyright Law). The buyer paid for the right with their purchase. The publisher and designer/s received payment on the FIRST SALE, and cannot claim additional money for re-sales. Of course the resell must be ORIGINAL pages… not COPIES.
Which brings us to COPYRIGHT LAW. Patterns (even one magazine page) cannot be COPIED and then sold without permission from the publisher and/designer. This violates COPYright Law. Not only is it illegal to sell copies of patterns but also to BUY copies of patterns. Be aware that there are sellers on eBay who will make copies of one or more of the pages of the magazine patterns they sell. This is prohibited by eBay and against the law, but it still happens. You can feel confident knowing that I am not one of them.
11-21-2013, 03:47 PM
#15
Super Member
Join Date: Jan 2013
Location: Virginia
Posts: 1,203
If you buy a book or pattern, you can resell it. So what's the difference between that and taking apart the magazine and selling the pieces?
If you buy a car and it is wrecked, you are allowed to resell the remaining parts if you so choose to. If not, you sell to a junk yard and they resell the parts. And lots of people have yard sales, reselling things that they no longer need.
If you buy a car and it is wrecked, you are allowed to resell the remaining parts if you so choose to. If not, you sell to a junk yard and they resell the parts. And lots of people have yard sales, reselling things that they no longer need.
11-21-2013, 04:31 PM
#16
Senior Member
Join Date: Jan 2011
Location: Greeneville, TN
Posts: 796
How is it any different than selling used magazines? I see them listed all the time on one of the yahoo groups. Personally my feeling is that the original designer got her cut when the magazine paid her at publication. How many times is she supposed to get paid for the one design? As long as it is the original and no copies were taken and kept I see no problem with it. We sell our used books, used magazines etc, why not the individual patterns. I would rather pay for one individual pattern I was looking for than to have to buy a whole book to get it.
I agree w/ HouseDragon
11-21-2013, 05:08 PM
#20
Power Poster
Join Date: Dec 2008
Location: Western Wisconsin
Posts: 12,930
I asked about this on the QB some time ago; here is a link to that thread:
http://www.quiltingboard.com/main-f1...s-t201776.html
I'm sure eBay would remove the listings if they were illegal. They do not allow advertisements for things that are illegal to sell, and most of the listings are quite explicit about being pages from a magazine.
http://www.quiltingboard.com/main-f1...s-t201776.html
I'm sure eBay would remove the listings if they were illegal. They do not allow advertisements for things that are illegal to sell, and most of the listings are quite explicit about being pages from a magazine.
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