Pattern Sales vs Copyright

[Chase]

Jamie's post got me to thinking. As all know that can get dangerous and me into trouble, but here goes.

If I buy John Doe's copyrighted pattern of a widget and sell the widgets I cut in my booth at the fair its ok. If I by Jane Doe's copyrighted book, read it, and sell it as a used book that would seem to be ok also. If I trade her book for another book that would seem also to be ok. The sell used books on E Bay and Amazon all the time.

After I destroy all copies, except the original, why can't I sell John Doe's pattern to Jeff, AussieDude, or anyone.

It seems to me to be the same principle.

Don't want to stir anything up (well actually I do want to generate some message traffic), hurt any pattern maker feelings, or make anyone mad, but where is my logic false?

Chase

[workin for wood]

Actually, I think and don't quote me, but you can only make and sell 10 or 12 from the pattern. Not that anyone would know the difference. Trading a book is not the same as trading a pattern, but I can't explain why.

[BobD]

I don't know about other sources, but we don't put a limit on how many of an item you can make from one pattern. We put a limit on how many copies you can make at a time (and that is because some places won't copy them without a specific number listed). If you were going to may 100 of the same project to sell at craft shows, it would be nice if you dropped the designer a line; that way if they set up next to you at the show, there are no surprises or hard feelings. YOu couldn't buy a pattern and have it mass produced overseas, though!

Bob

[Jediscroller]

Chase,
What you're referring to is the "First Sale Doctrine." It is legal provided you do not keep any copies for yourself. When I die, my wife will have thousands of patterns (not to mention a full workshop) to sell so watch the obituaries, hehehe.

[Forester21]

Are you asking if it is OK to sell the "pattern packet" of the widget? I know in the painting field, the "packets" are resold just as the "books" are. Just don't make a copy of the packet before selling it.

[Kevin12]

Ok - that makes sense. Or, at least it did for about 30 seconds.

If you sell the original (for the original price), without having any copies, you'd be out no money and have no pattern - a wash. The guy you sold it to would have the pattern and also would have paid for it - same as if he bought it from the copywright holder. EXCEPT that you would have made all the money from selling the widgits. Of course, you would have gone to the work, etc. ... Guess this is why I'm not a lawyer.

[Tor]

Even if you made a widget or more, it isn't much different from selling a used book - you still got to read it.

This not being able to sell what you once bought is among the reasons many people are against DRM (Digital Restrictions Management, often called digital rights management by the industry trying to get the public to accept it). A large part of the objections are related to fair use rights being restricted, the rest relate to the draconian measures required to try to keep DRM working - to date, there is no known working DRM scheme.

Tor