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  #11 (permalink)  
Old 05-15-2010, 01:08
ksterling628
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Default Re: Pattern copyright laws, just FYI

I had to chuckle when I saw this...the tutu formerly known as....LOL

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Originally Posted by ThreeBlessingsBowtique View Post
Similar to that tutu that shall not be named issue that we were discussing a while back......I looked all the stuff up then
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Old 05-15-2010, 01:13
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Default Re: Pattern copyright laws, just FYI

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Originally Posted by tpj58 View Post
I'm really hoping this isn't my tut. It says you can sell the Finished product, so I am assuming it's not, but I know you bought one so now I'm nervous
Oh no!!! not at all, is another pattern I bought a while back. LOL sorry for putting this right after I bought your tutorial

Quote:
Originally Posted by ThreeBlessingsBowtique View Post
Similar to that tutu that shall not be named issue that we were discussing a while back......I looked all the stuff up then
I know, I read the whole fiasco, but I never commented.

In regard to the so called "cottage licenses" http://www.tabberone.com/Trademarks/...elPolicy.shtml
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Old 05-15-2010, 01:21
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Default Re: Pattern copyright laws, just FYI

I emailed my cousin who's a corporate attorney, he deals with stuff like this and intellectual property rights a lot. He said they cannot stop you from selling finished product and can't request that you not sell it either. It's not illegal.

He said all they can do is ask that you don't resell the pattern itself.
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Old 05-15-2010, 01:32
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Default Re: Pattern copyright laws, just FYI

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Originally Posted by Blingmom View Post
I emailed my cousin who's a corporate attorney, he deals with stuff like this and intellectual property rights a lot. He said they cannot stop you from selling finished product and can't request that you not sell it either. It's not illegal.

He said all they can do is ask that you don't resell the pattern itself.
That is what my tuts say!!!
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Old 05-15-2010, 04:48
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Default Re: Pattern copyright laws, just FYI

what about people who make bottle cap images that hand draw them/create them on the computer? some sellers say bottle caps can not be sold with their images on them.
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Old 05-15-2010, 10:59
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Default Re: Pattern copyright laws, just FYI

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Originally Posted by unbrokendreamz View Post
what about people who make bottle cap images that hand draw them/create them on the computer? some sellers say bottle caps can not be sold with their images on them.
They can tell you 100 times not to sell them but ultimately looks like legally they cant make you do anything. Unless they have a registered copyright but even then,you are using the image within limitations of what you bought them for. Even with a copyrighted image or trademark, there seems to be little they can do. Their copyright or trademark is on the image not your finished product. You are not selling their image, you are selling a handmade product with the image applied. Looks like you have to word your description when you sale properly to protect yourself {not entirely} but make sure a reasonable person understands that you are not selling the licensed image but your selling a handcrafted product made by yourself with materials you purchase. Just like premade stencils or other craft supplies all say you cant use commercially or reproduce for items to sale but do you think they would refuse to sell you a product at Joanns or Hobby Lobby if you say your going to resale at the checkout line? No. And it would never go to court because your using the stencils or craft supplies within reasonable limitations of what they are sold for.

AGAIN I WILL SAY PLEASE RESEARCH BECAUSE THIS LAW IS VERY GENERAL. Some bigger companies may go after people but as far as it going past a cease and desist letter, I doubt it. Read for yourself. Sell what you want. If you ever recieve a letter, do your research. If its a big company, then it may not be worth selling anymore just to avoid the trouble but with some of these Etsy shops and individuals that are just trying to scare other competition away, I dont know that I would really give them a second thought.

Thanks OP on this because I have been meaning to read up on this for a while but I never had the time. I stayed up late last night looking everywhere online and found some very useful information.
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Old 05-15-2010, 11:14
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Default Re: Pattern copyright laws, just FYI

This is a great site for researching what you can and cannot do.

http://www.copyright.gov/

As far as Tabberone goes she has a lot of useful info on her site but some of it is just a gray area in the actual law. I have never read the actual settlement agreement that she had regarding the fabric so who knows what it really states. I get a big laugh out of her Etsy section on the maids of misinformation. So true!

Original bottlecaps do not fall into this catagory as they are not a how to they are someones art.

I see people on Etsy trying to sell license rights to their patterns that you can basically buy anywhere. A knot dress is really a knot dress. Most of these people have no idea that a lawsuit would be costly and really just not worth it. You might be able to claim some damage if Walmart sells it but not a small crafter.

Just so everyone know they are trying to pass legislation to make designers own their patterns and dresses and things. Good luck.
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Old 05-15-2010, 11:58
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Default Re: Pattern copyright laws, just FYI

Quote:
Originally Posted by weesewcute View Post
This is a great site for researching what you can and cannot do.

http://www.copyright.gov/

As far as Tabberone goes she has a lot of useful info on her site but some of it is just a gray area in the actual law. I have never read the actual settlement agreement that she had regarding the fabric so who knows what it really states. I get a big laugh out of her Etsy section on the maids of misinformation. So true!
Original bottlecaps do not fall into this catagory as they are not a how to they are someones art.

I see people on Etsy trying to sell license rights to their patterns that you can basically buy anywhere. A knot dress is really a knot dress. Most of these people have no idea that a lawsuit would be costly and really just not worth it. You might be able to claim some damage if Walmart sells it but not a small crafter.

Just so everyone know they are trying to pass legislation to make designers own their patterns and dresses and things. Good luck.
I've read about that law, right after I was "all" done understanding the cpsia. I said "really!!! What's next". I hope that law doesn't go though.

I know that you can use fabric, even with copyright images on them and even if the fabric says "for personal use only". There is a few court cases in the matter in which the people making the products won since they are selling a product and not the copyright image (google it and you will find it) the only thing they had to do is put a message stating they were not at all associated with hello kitty (i think it was). As far as bottle caps go, I'm not sure if you can just go and save, let's say, Winnie the pooh in you computer and reprint the image to use it in a bottle cap. Maybe if it was wrapping paper or stickers you actually bought it would be different. I have not research that subject yet.
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Old 05-15-2010, 12:16
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Default Re: Pattern copyright laws, just FYI

Even in the website posted, the way it is explained, if someone is selling the images to be applied to jewelry or crafts, you are using them within the legal limits of what they are sold for. Again, it looks like a matter of your own interpretation of the law. Also, I dont think I have seen one bottlecap image that would be considered a handdrawn work of art which the law says is considered "artwork". Most of these etsy sellers are just pulling stock graphics or online images and arranging them, which wouldnt be considered artwork in the courts eyes sadly. I know its hard work but reasonably speaking, its not handdrawn or original if its just a compilation of things they found or traced from wallpaper or anything else. I dont do bottlecaps or images and if I did, I would take the disclaimer of not reselling about as seriously as I do fabric patterns or other things stating "do not resell anything made with this" Unless they have a registered copyright or trademark on EVERY image they have made which is VERY doubtful. If you have ever looked into the process, price, and details of obtaining these, you would know it would be impossible for a crafter to do this just because of the expense. I would say out of respect dont resale if asked not to but if someone does, its their choice after the sale what they do with it. JMO... Which usually doesnt mean much. I would read up on it if you have something your wondering about. Also, Our lawyer gives free consultation and many others do. Take what you bought and show it to them and see what they think. I have done that with a few things. Not one time has he told me it would be best not to use. Even with licensed fabric and pictures, he said they can be used but you cant use that fabric of team photo to promote the sale. 99% of the time noone will say anything but if your that person that gets caught then you decide if its worth it. They dont come and throw you in jail. You get a warning with plenty of time to pull the merchandise if they are within the legal rights to ask you to do so. Only a lawyer can tell you if they are so I would just consult a lawyer if you need one.
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Old 05-15-2010, 12:20
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Default Re: Pattern copyright laws, just FYI

I wondered about this myself, I purchased some images a montho ago or so. I didn't read the terms of use before purchasing, that was my first mistake. But when I received the PDF file in the body of the email it said :
You may use these for small commercial use with some restrictions.

Use covered under the terms of use:

Bows
Complete pieces of jewelry
Cards
Scrabook Pages
Magnets

Uses NOT Permitted:

Bottle Caps for re-sale
Scrabble Tiles for re-sale
collages (printed or digital)

So if I wanted to detash my finished caps I couldn't.

Quote:
Originally Posted by unbrokendreamz View Post
what about people who make bottle cap images that hand draw them/create them on the computer? some sellers say bottle caps can not be sold with their images on them.
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