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Old 05-05-2006, 03:40 AM   #1
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Default Making patterns

How does one go about making and copywriting patterns? I have been making my own for sometime now and was wondering how to go about selling them. I have been doing portraits and wanted to expand into the pattern arena. Any help is greatly appreciated.

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John

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Old 05-06-2006, 12:54 AM   #2
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Hi John,. when I get a pattern , I just go down to Staples. and copy it. or have them do it. I would get more than one. just for extra use. your friend Evie
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Old 05-06-2006, 02:37 AM   #3
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Default patterns

Evie,
I was refering to patterns I created from photos. I would like to start selling them. I am sure there has to be copywrite laws or guideline to follow.
Thanks,
John
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Old 05-06-2006, 05:08 PM   #4
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Default

I am not sure if copyrights need to be registered. It is my understanding that if you design the pattern and put your name , along with the copyright symbol, the pattern is copy written.

I have heard that in Canada, at least , the Intellectual Property laws are in the process of being reviewed.

I think if you put the symbol on and your name, maybe your contact information you will keep the honest and honorable people on your side.

Some will ignore the copyright. That's the way things go.
Also when you are converting a photo to a pattern remember that the photographers have a copyright to their work too,
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Old 05-06-2006, 11:15 PM   #5
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John--Somewhere on this site there is an archive of older discussions and there are a couple that deal extensively with "copyrights". Sorry I can't tell you exactly where those discussions are, but Carl or BobD or someone in the know should be able to direct you there. I think Carl is correct that, in the US, at least, if you sign tha design and place the little "c" inside the circle (copyright sign) on it then you are covered. However, as Carl said, there are going to be thieves who pay no attention to copyright laws. Charles Deering at Bull Run Art quit selling patterns altogether due to the stealing of his designs.
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Old 05-07-2006, 02:21 AM   #6
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Default Copyright

This is an issue many feel they know, but don't get all of the facts correct. Much of the law is in interpertation, and only a judge can make a final rule on that. A good copyright lawyer may be able to give you his version. But as you read through many of the links there are some varied ideas on how the law is interperted. I have a full page about some of the laws on my web site here. http://www.scrollsaws.com/General/Copyright.html
Be sure to check out all of the links off that page and you will find out a lot more about it.
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Old 05-07-2006, 12:57 PM   #7
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A work is copyrighted upon its creation. The difference in registering it is in the amount of damages you can collect in the event of an infringement. The only precedents I've been able to find thus far in specific relation to scroll saw patterns are from Winfield Collections. I've found 2 suits that they've filed, which in both cases they lost. The first was tossed out due to jurisdictional requirements but the second had an interesting interpretation which I haven't seen before. Winfield was suing someone for selling metal work made from one of their patterns, the court in their ruling against Winfield indicated that the copyright only pertained to the 2 dimensional pattern, not the 3 dimensional creation of items from that pattern.
One thing you'll need to be able to prove is the original date of creation, the easiest way to do this without registering with the copyright office is to mail yourself a certified letter with the pattern included. Keep this sealed and you have proof of when you created the pattern.
I've read a lot of patently wrong information regarding copyrights, especially on some artist's sites so take every thing you read on the net (including this) with a grain of salt, then visit the copyright office homepage and read USC 17 for youself. If you want to spend $200 - $400 an hour, consult with a copyright attorney.
The bottom line though after all this is that for as much as a particular pattern will sell, the reason I think there is so little legal precedent in this area is that the costs involved with pursuing copyright violations outweigh the benefits. Honest people will honor the copyright and lowlifes don't care and will find ways to steal other's work.

Kevin (who has been the victim of lowlifes stealing his patterns and trying to sell them)
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Old 05-07-2006, 04:46 PM   #8
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JOhn, I think if you read through ricks site you will get all the info you need. Be carefrul making your p9ortraits from magazines or newpapers. All of those pictures are copyrighted.
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Old 05-08-2006, 06:28 PM   #9
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Default Thanks

Thanks for the information. I seem to be a little less confused now. I will check out the links to gather more info. It is a shame that people try to "steal" other peoples work.

As for the portraits, I make my own from photos I have taken. I do not do famous people from magazine or other published materials. The ones I do start with me behind a camera.
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