rights to sell?
#12
I would think that if a person is putting a pattern out there to make, I would then assume that the quilt was made by you, following the pattern. The pattern itself can't be sold, but, the quilt YOU MADE can. I don't see any reason why not. You might want to mention. this quilt was made from a pattern by Jane Doe.
If you buy patterns in a store for anthing, knitting crocheting, needlepoint... etc.. they are being sold so that you can use the pattern to make, and whatever you make, be for you or someone else or sell it at a craft show, that is your perogative
If you buy patterns in a store for anthing, knitting crocheting, needlepoint... etc.. they are being sold so that you can use the pattern to make, and whatever you make, be for you or someone else or sell it at a craft show, that is your perogative
#13
Super Member
Join Date: Mar 2010
Location: Tennessee
Posts: 2,189
I always read the fine print on the patterns. I know that Atkinson patterns has a copyright on items made with their patterns--you can NOT sell them. I know that items made with Eleanor Burn's patterns CAN be sold. I started reading the fine print before buying any pattern or book and don't bother wasting my money on the restricted copyrights. I never know if I am gonna' sell the item or give it away and don't want to worry when I make something.
#14
Neighbor is copyright attorney. You can sell any item made from a bought pattern and can display it in public, don't take credit for the design and don't go into business or marketing of the item. Giving credit to the designer is appropriate and expected but not illegal not to. If you enter a show or event you have the obligation to follow their rules whatever they may be.
#15
I have quite a few patterns that say right on the pattern 'items made from this pattern cannot be sold' or something similar. I have no intention of ever selling anything I make but who is to say someone I give one to doesn't decide to sell it? And not seeing the pattern, they wouldn't know what the designer wanted. Or what if I have quilts I've made for myself and used and need to sell them to make money? I have to admit it makes me a bit miffed when I see that statement and makes me not want to buy that company's patterns anymore. Even though I don't sell finished projects now, I might someday.
#16
There is the same issue with embroidery designs, but with them you are simply limited to how many items you may sell at one time with that particular design.
Copyright stuff, like Disney, is a little different. But the general school of thought is, once the copyrighted item is offered up for sale, and it's purchased, the purchaser then has the right to use that item as they see fit, and this includes creating and selling a finished product. By selling the product, the copywriter has, in effect, waived his right over control.
One pattern I have, Through My Window from Patch Works, has a very explicit policy - they ask that you contact them regarding selling their design once made. If you ask permission, what they do is just limit how many you can offer at time, like no more than 5. It's a pretty intricate design, I can't imagine anyone making more than 5 to sell.
When I have items with copyrighted designs for sale, I always carry a disclaimer with me in case somebody asks. I've never had to show it.
Copyright stuff, like Disney, is a little different. But the general school of thought is, once the copyrighted item is offered up for sale, and it's purchased, the purchaser then has the right to use that item as they see fit, and this includes creating and selling a finished product. By selling the product, the copywriter has, in effect, waived his right over control.
One pattern I have, Through My Window from Patch Works, has a very explicit policy - they ask that you contact them regarding selling their design once made. If you ask permission, what they do is just limit how many you can offer at time, like no more than 5. It's a pretty intricate design, I can't imagine anyone making more than 5 to sell.
When I have items with copyrighted designs for sale, I always carry a disclaimer with me in case somebody asks. I've never had to show it.
#17
A pattern can have any rule put on the package. The pattern owner can say "ONLY red and green fabric can be used in the making of this quilt pattern. Breaking a rule is not against the law. Copying, distributing, stealing design, etc. is what is protected by law. Use common sense and don't cheat anyone out of fame or money and that's all that is required.
#18
Super Member
Join Date: Jul 2010
Posts: 1,789
doesn't this fall under"first sale doctrine"? from what I've been told the copyright is for the patterns/instructions not the items an individual would make.
to me it's like buying a cake mix then being told you can't sell the cake you made with it.
to me it's like buying a cake mix then being told you can't sell the cake you made with it.
#19
Banned
Join Date: May 2009
Location: Houston, TX
Posts: 7,286
Originally Posted by CoyoteQuilts
I always read the fine print on the patterns. I know that Atkinson patterns has a copyright on items made with their patterns--you can NOT sell them.
If you check out the tabberone site, you will see that even though the patterns say that, it is NOT true. Check it out.
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