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selling bags from patterns you're not supose to..
aguywhosews
aguywhosews
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FL USA
Member since 5/17/11
Posts: 176
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Date: 7/20/11 1:07 PM

some patterns I find on the net, say somethign to the effect of this bag is for personal use, don't sell the bags made with it.

First off, can this be legal binding? if you would sell it can they sue you? if so, based on what grounds?

also, if you make one change to it, then does that nullify it?

thanks
p.s. I'll run this by my lawyer, I'm curious as to what he says about it.

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Ciao!
Brian S

poorpigling

poorpigling
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In reply to aguywhosews


Date: 7/20/11 1:14 PM


Hmm. interesting. . Now he may lead you astray.. hoping to make some bucks off defending you.. just keep that in mind.

More interesting is the number of designs you can find on the net that you can use legally without worrying about paying a lawyer.

Even more interesting would be if you tried this with a Disney design..

aguywhosews
aguywhosews
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FL USA
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Subject: selling bags from patterns youre not supose to.. Date: 7/20/11 1:30 PM

no he won't he is out of my state and is my cousin, he gives me all sorts of pro bono advice!

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Brian S

ValerieJ
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ValerieJ  Friend of PR
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Subject: selling bags from patterns youre not supose to.. Date: 7/20/11 1:41 PM

I believe it is legally enforceable. Think about this from the perspective of the pattern designer - you've got at least a lot of sweat equity in a design, perhaps other types of equity as well, if you're trying to earn a living by selling your designs. The amount of money you actually make each time you sell a pattern isn't going to be a fortune - you may have had to pay someone for styling and photography for a pattern envelope, maybe you paid someone to write, or at least review the instructions, you've got printing costs. It's understandable that you wouldn't want people to buy your pattern, then sew it up and sell it themselves, without you getting any kind of royalty.

Obviously there are designers who are willing to let you make and sell things using their patterns. If we want to continue to see lots of independent designers, I would urge you to respect their copyrights because it's the right thing to do, not because you'll never get caught.

stirwatersblue
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stirwatersblue
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In reply to poorpigling


Date: 7/20/11 1:58 PM

Quote: poorpigling


Hmm. interesting. . Now he may lead you astray.. hoping to make some bucks off defending you.. just keep that in mind.

Um, that is ILLEGAL, and if he counseled anyone to act in breach of contract just to drum up business, he we would be sent to his state's bar's disciplinary committee, censured, and potentially disbarred.

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~Gem in the prairie

Cands
Cands
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In reply to aguywhosews


Date: 7/20/11 2:38 PM

Why in a million years would you want to do that? There are plenty of bag patterns that can be made to sell without violating the intent of the pattern creator.

I don't know if it is legally wrong, but it sure seems morally wrong to me.

Mufffet
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In reply to aguywhosews


Date: 7/20/11 2:44 PM

Your best bet is to join the closed forum here about business re sewing. You must ask but then you can get all sorts of business advice here and commune with those who have had similar interests and experiences re selling what to whom.

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"Be kind whenever possible. It is always possible."
--Dalai Lama

I have sewing machines

a7yrstitch
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a7yrstitch  Friend of PR
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In reply to aguywhosews


Date: 7/20/11 2:44 PM

Why not just design your own?

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I have no idea what Apple thought I was saying so be a Peach and credit anything bizarre to auto correct.

JillyBe
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JillyBe
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Date: 7/20/11 2:45 PM

JMHO here, but OP asked a question that he wasn't sure of the answer to. (I'm not clear on the details of this myself, so I appreciate the clarification....not that I have any intent of selling anything, but still, it's nice to know)

I think the appropriate way to answer his questions is with legal answers, or your own experience, etc., not by berating him. As the old saying goes...the only dumb questions are the ones you don't ask (or something like that.....)

No one has addressed the question about changes made to the pattern; I'm curious about this one as well.

------
http://jillybejoyful.blogspot.com/
a blog about creativity, sewing, vintage sewing machines, and...... life :)

ShantiSeamstressing
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ShantiSeamstressing
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In reply to aguywhosews


Date: 7/20/11 3:06 PM

Quote: aguywhosews
no he won't he is out of my state and is my cousin, he gives me all sorts of pro bono advice!

Uhm, just a thought, but since he's out of your state...he can't defend you in court in your state unless he's licensed in your state, too, yes? (I don't know...I may be off-base in that understanding but just in case you ever needed his help...)

As far as those smaller patterns you find online that ask not to sell from it but only personal use...they could, yes, legally sue if the pattern was used to sell from, but of course one wonders if financially it would be worth it to them...small claims court often isn't. Also one doesn't know that they would ever necessarily know if it happened. But you see that is why they place that disclaimer on their pattern. It's kind of like a person placing a copyright symbol (the little c in a circle) on their story or poem. It serves as official notice. As far as making a change to the pattern...if it's a tiny thing, like theirs has a pocket and you omit that, or their handle is 14" long and yours is 10" long...those would not constitute significant enough changes to indicate the pattern was substantially different and unique.

If I wanted to sell bags...I'd design my own pattern, for that reason. I'm a big supporter of copyright, physical and intellectual...it represents someone's work and time and mental creativity and ingenuity.

(Someone posted about how there's no dumb question but the one that gets unasked....yes, I agree with that!) Asking promotes learning and creativity.
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