Copyright

[divad]

If I purchase a plan and intend to cut and sell the items what is required of me? By the same question what about "free" plans available. In both of these examples I am not modifying the original plan just using the plan to make my items. Second case example: I change a plan/pattern that I have purchased. How do I attribute the plan? "Plan by:..." Cut by: ..."

I am returning to sawing and use the patterns in SSWC and other mags/books. Folks have asked to purchase some items, but unsure of legality it is easier to give it away.

Any help a/o reference articles is greatly appreciated
divad

[CanadianScroller]

That is a tough question.
Some copyrights will allow you to produce and sell the product. Others may limit you to a certain number, or not for commercial use.
There was one company that tried sueing people for selling products made with their patterns but I dont think it went very far.

As for modifying patterns for projects and for resale that could be a little sticky.
I really like the idea of "Plan by... Cut by" you are giving credit where it is due.
I know I would be quite content with a byline like that, but then again I don't make a living with patterns.

If you have a concern about a specific pattern you could either contact the publisher or the designer for permission.

[Jediscroller]

In Winfield vs. Gemmy Industries the court held that the copyright only applies to the 2-dimensional rendering of the item, not the 3-dimensional realization of the plan.
The US Copyright office stated that unless there is an agreement or words to the affect that it is for personal use only, finished projects may be sold and not be in violation of the owner's copyright.

[Andy]

Good answer Kev.

Andy

[CanadianScroller]

I wondered how that case went
Thanks Kevin

[Shannon]

It is a sticky subject and I don't pretend to know all of the laws and guidelines. This is my mindset...

We fully intend for you to make the projects from the patterns we publish. That's why we publish them.

If you are making 4 or 5 and selling them at a craft fair, that's great - you can afford to renew and keep all these wonderful designers creating articles for me!

If it's a hot item and you plan to make 50 or 60 - or more - then I highly recommend you get the permission of the pattern designer. Usually they will give their permission quite readily. If you don't have contact information for the designer, contact the publisher and they will be able to help you get in touch with designer.

And I support giving credit where credit is due. If you cut John Smith's pattern and sell or give away the project, include that on the project. You can affix a small label to the back... Design (or pattern) by John Smith, cut by (or handcrafted by) Your Name. If you alter the pattern - then feel free to state that as well. Original design by John Smith, Revised and cut by Your Name.

Under no circumstances can you sell the actual pattern. That is what is copyrighted - even if you make changes to the pattern - that pattern is considered a derivative work - not an original work. Often when a derivative work is created for an alternate medium (Take the Amercian Kestrel in the last issue for example - original was a painting - derivative is a ss pattern) you are okay - AS LONG AS YOU GET PERMISSION - SIGNED PERMISSION - FROM THE ORIGINAL DESIGNER.

Hope that helps in some small way...