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monica
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| Posted: July 04 2009 at 7:31pm | IP Logged
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i am specifically thinking of Mary G for this question, but maybe someone else might have an idea. i am wanting to make some things to sell at a local craft fair. i know if i see a free tutorial or pattern online that i cant make something and sell it from that, as it is the authors work. but if i buy a book or pay for a pattern, then i can make something from it and sell it, correct? i am sure no one is going to come to our little town craft fair and get me for plagiarism, but i do want to be fair to those who have put time and effort into their work.
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Mary G
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| Posted: July 04 2009 at 9:53pm | IP Logged
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Wow, Monica ... this is a tough one as the copyright rules are so grey! Here's a case in point:
you take a Mary Englebreit pattern, buy the ME fabric, make it to sell -- that is not allowed; however, if you used an ME pattern, changed a couple of things in it (maybe the closure on the bag or the bodice of the dress), used your own fabric (say a calico) ... you could sell that.
The problem is that, for instance with knitting, there are only so many variations of knitting stitch + design. If you change the stitch, but use the shape of the garment, and also a different yarn weight, you are completely ok.
Try applying a percentage ... if the majority of the work is directly from the original (whether you bought the book or are using a freebie from online, the case still holds) than you probalby shouldn't try to sell it. If the majority is your ADAPTATION of the design, than that should be fine. You can even include a note on the tag that says "inspired by Mary Engelbreit" or something.
But then, you're right ... most folks don't care about a small crafter in a small town ... but if you went national with your crafts (Etsy or Ebay or selling the design to a magazine) ... than it can get sticky.
Clear as mud?
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hsmom
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| Posted: July 07 2009 at 8:11am | IP Logged
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monica wrote:
| but if i buy a book or pay for a pattern, then i can make something from it and sell it, correct? i am sure no one is going to come to our little town craft fair and get me for plagiarism, but i do want to be fair to those who have put time and effort into their work. |
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When I researched this issue, I found that only one item could be made from each pattern bought! The best thing to do is to create your own patterns, otherwise it is plagerism unless a new pattern is bought for every item sold. And yes, people selling at craft fairs have been fined. I'm sure it doesn't happen often especially in small towns, but it is a violation of copyright. You could alter a pattern purchased, to create a new design. Many parts of a pattern are standard and not subject to copyright violation. You can only do a sideseam or armhole, etc. so many ways.  HTH
~hsmom~
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Red Cardigan
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| Posted: July 07 2009 at 1:25pm | IP Logged
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I found this whole question interesting; I didn't realize that crafters faced copyright issues, as I don't craft.
I found that this website had a lot of helpful information about crafts and copyrights.
My very non-legal opinion is that this is somewhat like recipe copyrighting. Nobody could copyright a basic way of, say, baking potatoes and then filling them with cheese and bacon, but if a person copyrights a whole recipe book in which a very specific recipe called "Twice-baked potatoes with bacon and cheese" appears, you couldn't copy that recipe verbatim and distribute it or sell it.
However, if the cookbook owner enters a restaurant and sees a menu item that is a twice-baked potato with cheese and bacon, chances are that she can't sue the restaurant owner for copyright infringement. The item itself is so basic, there's no guarantee that the cook had ever even seen her recipe, and his use of similar ingredients is probably a coincidence.
I'm guessing (though I don't know) that the whole pattern/copyright thing works the same way. I mean, take those purses with the wooden or bamboo handles, for one example. I've seen a gazillion of those at craft fairs, but if somebody who had a pattern out for one that had a little outside pocket and butterfly charms tried to sue a crafter who made a hot pink one without the outside pocket and decorated with rhinestone flamingo charms and pink feathers, I don't think they'd get anywhere, even if the idea is similar--unless, of course, it could be proved that the pink purse crafter had used the butterfly purse pattern to make her items. But if the pink purse crafter had merely drawn her own semicircular purse pattern and gone from there, it's no different from the chef in the restaurant deciding to add cheese and bacon to his twice-baked potato recipe, right?
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monica
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| Posted: July 07 2009 at 10:16pm | IP Logged
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well, i am not sure what people like me should do. i am an average quilter/ seamstress. i can make things when i follow a pattern, but i am not a good designer. i dont know all the rules for creating a pattern. so, i guess i can just add things and take away things but not change the basic pattern.
i will mostly be making christmas things, like stockings and cloth napkins and ornaments, so probably the copyright issue wont matter, but if i were to make clothing any more complicated than an apron, i would need a pattern at least to start off with.
i wonder if i had a tag attached that gave the name and site of the original pattern if it would be ok. something like "this skirt was made from a pattern by Mary G. www.maryG.com" that way the designer would still get credit. do you think that would be ok?
monica
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Mary G
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| Posted: July 08 2009 at 6:20am | IP Logged
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Monica ... you can't really copyright an idea ... and there are only so many ways to make an apron. But don't sell yourself short on the "designing" end ... if you take a pattern and add a pocket where there wasn't one, or coordinating trim where the original showed solid, or the combination of colors -- you're designing and adapting the pattern.
If you hang a tag that says something along the lines of "inspired by pattern 123 by MaryG.com" that will usually suffice as the designer just wants to get credit for the original.
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MaryG
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monica
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| Posted: July 08 2009 at 11:32am | IP Logged
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thanks ladies for all your help. i now feel empowered to design! i am hoping this can be a little on the side money maker so we can go on vacation next year.
have any of you done craft fairs before? this one will be at the beginning of oct, so i am thinking of putting christmas stuff there. i think how things are right now economically, people will be more inclined to buy small things, like cloth napkins and stockings, instead of a big, heirloomy expensive things like a quilt. what do you think? what would you be inclined to buy at a craft fair?
monica
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Mimip
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| Posted: July 08 2009 at 5:45pm | IP Logged
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Monica,
I think you have the right idea about small things. I have always wanted to do what you are going to do with making things for craft fairs and such but never really followed through so good luck!!!
I would also say make oranaments. Things like small stuffed bears or balls and such. I once saw a great ornament idea with ribbons and styrofoam balls that was a great cheap idea.
Wish you great success  
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In Christ,
Mimi
Wife of 16 years to Tom, Mom of DD'00, DD'02, '04(in heaven) DS'05, DS'08 and DS '12
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4Real Forums : Our Lady's Loom, Larder, and Laundry
Topic: question about copyright on craft ideas
