Wednesday, May 14, 2014

Buyers rights when they buy a pattern!!

So today I was thinking (yes...that was smoke you saw coming from Atlanta, TX)....

I was thinking about patterns.

Once I purchased this frog pattern and I contacted the owner of the pattern to see if I could make these frogs and sell them.

He told me I could only sell two.

TWO

Just two???

I thought, I purchased the pattern, I should be able to make and sell as many as I want.

Needles to say I only made one and gave the pattern away.

That is how I feel about my patterns.  Anyone can make and sell as many items as they want as long as they are not selling the pattern its  self.  Or photo copying and giving the patterns away.    Anything else Free game.  Why should'nt it be?  You buy the pattern it is yours.

Just in case, maybe you need to contact the seller of a pattern that you want to make and sell....before you do.

What are your feelings on this?

-----------------------------------------------

I have been picking Blue berries like crazy....even with a bum foot.  My husband thinks I am crazy with an injury but Blueberry season only comes once a year...I am not going to miss it.  Made the best Blueberry cobbler the other day....UMMMM UMMMMM GOOD

finally put the finished touches on this quilt.

See below for the pattern giveaway....

26 comments:

beaquilter said...

I never heard of such a policy, either they say NO, or they say no mass production, but if you're doing the occasional craft show here and there, I don't see the harm in that. BUT if it's something like a show every weekend etc, that's mass production....

Lynn said...

I'm with you about being able to sell whatever and how many you want. I think the motivation is that they don't want a company to buy one copy of their pattern and then have 100 people making thousands of items from their pattern. My understanding is that the copyright protects the pattern, not what is made using the pattern. But I'm not a lawyer nor am I rich enough to not care if I get sued. So I don't buy patterns with those kinds of restrictions either.

Nancy said...

A couple of years ago, I read an article on copyrights and quilt patterns. The lawyers who were consulted said even to display a quilt in a quilt show requires the permission of the pattern designer! Let's talk about going overboard. Then the discussion turned to fabric designers and the same issue was explained. They, too, had to provide "permission" for anything displayed in shows that had been made with their fabrics. I decided then that NONE of my quilts would contain even a small square of "designer" fabric and that all the patterns I used would be FREE ones.

Needled Mom said...

2???? Seriously???? That's nuts. I've had embroidery designs that limit the number to 50, but 2 is crazy.

I like the star in the middle of that quilt, Barb. Nice finish.

Wendy said...

I agree with you Barb if you buy a pattern you should be able to make and sell items from that pattern...you are not selling the pattern but the item that you made from the pattern...I always give credit to the pattern maker and do what I want with the items I make...I paid for the pattern, made the item with my fabrics and I have the right to sell it, give it away or keep it...I know this is a touchy subject with lots of people, but even the big pattern companies know that they cannot tell you what you can do with the items you make from a pattern...all that is copy righted is the pattern itself.

hetty said...

I may be wrong, but I think if you purchase the pattern you can make and sell as many quilts as you want to. You actually have blueberries already? We don't even have leaves on ours yet.

Gene Black said...

I think that pattern writer was crazy!

Susan Clark said...

I agree - they shouldn't put a limit on how many you can make & sell. If they want to be the only ones selling that design, then they should make a couple thousand & sell them. And legally, I don't believe they can - not from what I've read. What I have read & I've done a bunch of research for my guild - they can copyright the instructionst not the idea. Makes me angry every time I see 'copyright' on something that's been public domain for years. After buying patterns & then finding the same exact thing for free on the internet in many places has made me rethink buying patterns. I can pretty much figure out what & how to do something & then I make an educated guess as to how much stuff I need to complete it.

suemac said...

Oh my goodness. Blueberry cobbler sounds yummy.

Beezus said...

I think it's okay for the person selling the pattern to say you can only make them and sell them yourself, as in no mass production like a factory. But other than that, I think if you buy a pattern, you buy it for your purposes. I don't really understand the mentality of folks who want to control something once they've sold it. :-)

QuiltSue said...

I totally agree with you. Once someone has bought a pattern, they should be able to make as many things as they want from it, and then do what they like with them. Surely someone who buys a pattern is doing just that, buying the pattern, not buying the right to make only two (or however many). Somehow, to me, it seems a bit arrogant of the designer to be imposing limits like that.

Mystica said...

Is it necessary to ask how many you can make and sell. Just asking only because it is not something that would be even thought of here!

West Michigan Quilter said...

I hear you! Wonder if there is any legalese on this? I'd like to know too. I can't wait for our blueberry season to come here to Michigan. I love them too.

Pokey said...

I am with you, buying the pattern should come with the right to USE it as you see fit, this comes from the design world. People forget, you could have done it and never asked, or worse yet, just copy the design and go from there. Purchasing the pattern should come with freedom, or else state on the pattern otherwise ~
:-}pokey

Missy Shay said...

I wonder how he came up with the number two and why it would make a difference with how many you sold?

Teri said...

I feel you should be able to make as many as you wish since you purchased the pattern. As long as you are not mass producing them (I am not sure how one sewer could). As long as you give the pattern designer credit I don't see the problem.

Susan Entwistle said...

Copyrights are a sticky issue (I work in publishing). You'll find so many conflicting answers on the internet as to what you can and can't do with something you made from a pattern. And then there's the issue of using the pattern as a base, but embellishing the finished item further to make it your own, so it's not an exact reproduction from the pattern. And even more confusing are copyrighted fabrics. The owner of the frog pattern was sadly misinformed telling you that you could sell 2. (I would have asked him to send me a copy of his copyright registration ... because he likely doesn't have one :) ). Basically, a pattern is a set of written instructions. Those written instructions can be copyrighted (meaning you can't make your own pattern from that one and sell that pattern), however the items one makes from those instructions are not copyrighted, nor does the pattern maker have any claim regarding them. Make and sell what you like. You bought the instructions. How you use them, and what you make with them, is your property to do with what you please.

Susan Entwistle said...

Here's a good link for information in layman's terms (trust me, you don't want to navigate the US Trademark and Copyright Office site for information). And, BTW....jealous of your blueberries. I just ran out of the ones I froze last summer and have been forced to buy them at crazy expensive prices. :)

SewCalGal said...

I'm a firm believer that a design should have a copyright protection. Typical retail purchase is to use the design for your own use (non-commercial use). When someone buys a design and begins to use it for commercial purposes, where they make money, I firmly support that they work with the designer to secure approval to use their design for commercial purposes. E.G. if the buyer is able to make Money off of the design vs personal use (e.g. for their home or gift), why shouldn't the designer have the right to make more money. And typically when a designer charges extra for commercial use their fee is a nominal fee anyway.

Sorry, but you asked.

Think about it as a designer for machine embroidery designs that sells them for $1. If someone pays $1 for that ME design, but makes money stitching and selling, don't you think the ME designer should make a small % from those sales or a higher fee than the $1 they sold their design for ?

SewCalGal
www.sewcalgal.blogspot.com

Siouxzq64@gmail.com said...

Funny I noticed that on a pattern the other day that you are not allowed to make a quilt and sell it using that pattern. But then I see tons of patterns very similar being sold by other people.

RobertaS said...

I think you should make as many as you want as long as your not in the commercial
Manufacturing business. Patterns can be to restrictive.

KatieQ said...

I think people should be prohibited from using a pattern to make items for large volume commercial sales (I'm talking about 1000's). Most people make things for sale at craft fairs or gift shops which seems like a reasonable request.

onlymehere said...

I went through this very thing when I wanted to open an etsy shop. I make purses, quilts, etc. and wanted to sell them. The answer I got back was I could make a total of 10 and that was it and that it would be "very closely monitored" to avoid fraud. If you don't want someone to make and sell items from your pattern then don't sell the pattern. I also remember the hullaballoo over a certain fabric designer a few years ago who didn't want her fabric used in things that were sold. My quilt guild won't buy any of her fabric for anything now. I think it's all ridiculous and totally greedy. Don't sell your pattern if you don't want people to make things out of it. On the other hand, I agree with you that patterns shouldn't be copied and given to others. I ran into this with my quilter when she wanted a copy of the pattern of one of the quilts I made. I got on the internet and ordered her a new pattern of the one I had made. There's a big difference in my eyes between the two.

SewCalGal said...

Very interesting discussion by those who left comments.

SewCalGal
www.sewcalgal.blogspot.com

Wacky Woman said...

Sorry Barb; I'm with Sew Cal Gal on this one too. I think most designers let some go for selling at guild boutiques, etc. But, it is the designers choice. I know we (the guilds) always ask permission from the pattern designer to make a quilt for the yearly opportunity quilt as well. Have yet to be turned down on that. But, we make certain to give the designer credit on the label.

debbie said...

Such a sticky subject. I just don't see how some current designers think they can lay claim to everyday patterns that have been around for many years, for example: quilt blocks, bags, pants, etc. I don't think it is fair to buy a pattern and copy it exactly to sell and I can see where that has copyright issues. However, if I make a Dresden Plate quilt, or Churn Dash, or Log Cabin, or pants or bags or anything else, those are fair game ...the original designers of these items are surely long gone by now and no younger person has the right to claim these designs as their own. Personally, I never make a pattern exactly by the directions anyway. I add personal touches in each situation. I do know someone who made ladies clothing exactly how it was shown on the pattern envelopes, including the same fabrics in the drawings, although that was years ago. Interesting topic, thanks. xx debbie