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Stitching & Crafting Room:  question about copyrights and selling  |
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Carolinagirl
True Blue Farmgirl
486 Posts
Kim
Rutherfordton
NC
USA
486 Posts |
 Posted - Aug 30 2006 : 08:37:24 AM
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Okay, so I've loaded up on doll patterns from all eras, dating back to the 1930s. Some of the ones I bought are copies of vintage patterns and the sellers say that the patterns' copyrights have expired, therefore making them public domain. I found a chart showing what the copyright laws are http://www.unc.edu/~unclng/public-d.htm . I asked one of the sellers about copyright, and she said it's her understanding that the copyrights stating "for personal use only" mean that the item can't be mass-produced, but a individual "cottage business" can sell items from the pattern.
Any opinions?
Kim |
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frannie
True Blue Farmgirl
2246 Posts
fran
bonham
texas
USA
2246 Posts |
Posted - Aug 30 2006 : 09:01:48 AM
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i dont have the answer either but i'd be interested in finding out, also how to copyright items, or sayings, etc.
i have heard before on crafted items, that if you change a certain percentage of the item it can be used for sale. it seems to me that patterns that you use for making sale items would be ok if they are old enough to be public domain.
i thought that was what public domain means.
hope someone with more info responds.
fran
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sunshine
True Blue Farmgirl
4877 Posts
Wendy
Utah
USA
4877 Posts |
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Bluewrenn
True Blue Farmgirl
1122 Posts
Erin
Texas
USA
1122 Posts |
Posted - Aug 30 2006 : 11:01:20 AM
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Remember just because it is on the internet doesn't mean it is correct. I hate to be the downer, but I would check with an expert on copyright law if you plan to sell the items. This is a very controversial issue, and there is a lot of misinformation out there.
The explanation you were given about "for personal use" doesn't sound right. My understanding is that it means that you may use the pattern to make items for yourself, or to give as gifts, but you CANNOT sell the items, no matter what form of business you have. It also prevents charity groups/non profits from selling the items also.
And changing the pattern in some way does not make it your own. It is still their pattern, just with modifications. To be truly safe, you have to design your own pattern from scratch.
Now, all that said, many people just make the items any way and never have any problems. Being married to an attorney, I can't do that because he is (and subsequently I am) extremely conscious of things like copyrights.
If you find, for example, an original pattern online and you can find contact information for the author of that pattern, you can always inquire about using their pattern for non-profit use or for making items to sell. Sometimes they will tell you "NO" - esp. if their pattern or website already states that it is not to be used for making items to sell, but sometimes you can find someone who will give you permission to use it, as long as you give them credit for the pattern. I have found 2 pattern authors who have allowed me to do this.
You might also check with the author for any recently published stuff, just in case they are still alive. They may not actually own the copyright themselves. And they may or may not give you permission. If they don't, respect their wishes. It's the best course legally and I could get into the arguments for and against copyright protection, but that is a long and complicated debate.
Definitely check to make sure the copyrights haven't been renewed.
My Homesteading Journal
http://toomyvara.livejournal.com
My craft journal
http://bluewrenn.livejournal.com |
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abbasgurl
True Blue Farmgirl
1262 Posts
Rhonda
USA
1262 Posts |
Posted - Aug 31 2006 : 12:26:50 AM
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Finally something I know!
First, I am not a lawyer, nor do I play one on TV.  But I have learned a few things about copyright. I am pretty sensitive to this issue for several reasons. One, I am a professional artist/crafter/patternmaker myself. Two, my son is a professional musician/songwriter with volumes of recorded music. So copyright infringement is something we've given some thought to at our house. For accurate information I suggest going to the US government copyright website. You will find there are many forms, or levels, of copyright. It might interest you to know that once a song, idea, pattern etc. is "recorded" it is considered copyrighted. You must however, be able to prove that you were the first to record said item. There are many ways to do this-again see the US government website.
OK, Second, anything copyrighted even as "recently" as the 1930's is most likely still under copyright. Those copyrights typically go WAY back. You would have to find out specifically on each item to be positive. But I would assume a design IS copyrighted rather than not. Most things are NOT public domain.
An interesting side note here. If you have old copyrighted photos most places will not allow you to make copies-UNLESS you sign a waiver stating that you take responsibility for what happens to those copies. Most stores will not offer, you will have to ask to sign a waiver. This is to protect the store should a person choose to mass produce a copyrighted image. Say you want to enlarge an old photo of granny to fit in a specific picture frame. Not a big deal. Just don't put granny up on the WWW unless you get permission from the photographer-and perhaps granny. 
Now for the good news!
In my business I find that I sometimes really like another designer's pattern. I buy one for myself. Is it alright to make a few more to sell at craft shows or online? What does the term "not for commercial use" mean? Most designers will specify, right on the pattern, that you may make a small limited number of their items to sell personally to the public. If you are in doubt, write the designer a short note asking permission to use their design. This is a courtesy to them and I have never been told "no". (I once had a nationally known pattern publisher inquire about buying MY designs simply because I made this contact. You never know!)You should never reproduce an actual pattern to resell-this is bad form-and illegal. If you would like to make up a doll or two from a pattern you purchased, and sell them, this is fine. But BE SURE to give the designer credit-another professional courtesy. This gives credit where credit is due-and helps the designer get their products noticed. Thus they stay in business to create more products you love!
The words "not for commercial ue" protect designers from being copied by HUGE corporations. This has been a major issue among artists in the last ten years or so. Big companies reproduce their design overseas at a very low price, and typically very cheaply made I might add. Artists, crafters, and designers cannot compete with these companies. It's really hurting the handcrafted industry in this country.
Small businesses who perhaps are looking to make 6-12 dolls of one design, over a period of time, are not considered commerial operations. Again, if the wording on a pattern seems especially harsh it is an easy matter to check with the designer about what they intended.
As Bluewren stated, changing or tweeking a pattern does not make it your own. You must still give the designer credit.
Now, having said alllllllllll that...Many of us have been creating art for many years. If you take a look around you will notice that trends and styles are repeated every ten years or so. There is literally "nothing new under the sun". For instance...how many ways are there to attach a doll's arms? How many ways to make earrings? Often two, or more, designers will come up with a similar idea. Did someone copy? Not always. Every artist takes inspiration from other artists. Especially when you get into areas like dollmaking or rug hooking-both traditional crafts. I hand sculpt dolls from papier mache', but I realize I am far from the first to do so. Does this make me a copy-cat? I don't think so. My interpretation is mine. We take what we see from traditional and contemporary work and make it our own. As long as you are not intentionally taking another artist's design and claiming credit for it you will most likely have no problems. If you inadvertantly "step on someone's toes" An apology and a promise to discontinue making the product will usually suffice.
Hope this helps dispel some of the fear about using patterns and designs. And when in doubt, go to the US government copyright website.
Blessings,
Rhonda
...and I will sing at the top of my lungs, and I will dance, even if I'm the only one! |
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Stitching & Crafting Room: question about copyrights and selling |
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question about copyrights and selling
