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cynthia

commissioned works

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Hi there:

I'd like to ask a question about doing commissioned work. If I understand correctly, you're not supposed to sell work from a published pattern (correct me if I'm wrong.) So how do you handle it if someone contacts you and says "I would like you to make me a quilt like Karen Stone's New York Beauty"?

Thanks. I'm shopping for my first longarm......

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Maybe if they were to purchase the pattern, then they are in essential hiring you to do a job for them.

Most patterns have that they are for personal use, and not for retail sale ( ie multiple uses of the same pattern for resale).

She could contact ( or You) Karen Stone and ask her permisssion to use the pattern for the purpose you want.

Lyn


Lyn Crump   Hand Guided 2013 Millenium Blissed and Gliding    APQS Sales Rep SE Qld Australia   www.busyquilting.com.au   On Facebook and Instagram as BusyQuilting


Attitude is everything - So pick a good one!

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You said she wants you to make a quilt like Karen Stone's "New York Beauty" Key word LIKE. Is she asking you design a quilt using New York Beauties OR does she want that specific Pattern. If she wants THAT pattern she must purchase the pattern for you to make-then she is paying you for the service.

My customer that I made "My Montana" for has me making another. "My Montana" was ENTIRELY my design, my peicing, my changes & my quilting! She said she wanted a Makenna Ryantype of quilt. During the course of the conversation I found out what she wanted the outdoor wildlife "feel". Therefore I was free to design my own. If she chooses to sell it, that is her decision. It has MY name all over it! But she paid me for it & it is hers. When I delivered it she showed me a patern (someone else's) & asked it I would make this for her. Of course I said Yes! Now this was a BOM and will take me awhile (applique) & I am having great fun with it! A few changes of course, It's snowmen & am trying to make it more "wintery" instead of so much Christmas so they can keep it up longer, that sort of thing. My point is that this is for her. She comissioned me to make it for her. I am not aware of any plans she may have for selling it. She may give it to grandchild or the like, but she is paying me for the service. She would need to contact the designer if she chooses to have a number of them made to be sold (Do not see that happening) .

Hope this helps;)


Sewhappy

www.sewhappyquilts.com.

406-582.0914

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The whole copyright thing has me thoroughly confused...........If I buy a pattern or book with the pattern in it, it seems I bought the rights to use that pattern. Of course, it doesn't mean I can make copies and sell them, but what about making an item from that pattern and maybe selling it..........Do I have to have permission from the pattern maker before selling anything made from their pattern? It's not like I would have an assembly line going to make 100 items to sell using their pattern. I have made many quilts over the years and most of them I don't even know where the pattern came from nor do I have any contact information about the designer. If I wanted to sell one of those quilts, there is no way I could "get permission". Hardly ever do I make a quilt exactly like the pattern...........I am always adjusting the size or a border or something.


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APQS Millenium and Quiltazoid

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This copyright thing is tricky. Lucky me, I work in a lawfirm and had this same situation come up a few years ago. I was approached to make a specific quilt, I made it, I was paid, end of story. Now that I have a little side business that I make quilts/purses for profit, I was advised to contact the pattern company and ask permission. Every company said yes [except one] as long as I don't "mass produce." The confusing part is that copyright protects the written pattern and there is argument that any works derived from that pattern is actually copyrighted.


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Gable

Nolting PRO 24

 

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That's what I don't understand............I can see the written pattern being copyrighted and you can't make copies and sell or give them away, but if they are putting their pattern out their "for sale", it seems we have bought the right to use that pattern and sell products made from it. They are making money off those patterns, so what's the big deal?


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APQS Millenium and Quiltazoid

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Thanks for the replies. After I posted the question, I spent a considerable amount of time looking around on the net for information about this. Apparently there's a lot of misinformation around.

The best source of information I could find about it is here. http://www.tabberone.com/Trademarks/CopyrightLaw/Quilting/Quilting.shtml

In short, it's governed by federal law in the US, and the law is (currently) that if I buy a pattern or buy a book with patterns in it, the copyright does not extend to what I make out of the pattern. The pattern itself is copyrighted, so you can't copy it (for others) or sell it etc. or copy it and say it's yours. But what I sew from the pattern is mine to use, sell, give away etc., and there has never been a lawsuit that a) went to trial over this or B) or a federal case that was decided in favor of the copyright holder.

Interestingly enough, there are tons of folks (all people who have copyrighted patterns) who say that you're not allowed to sell what you make from a pattern. And almost all patterns say that on the package, that it's for "personal use only". But as far as I can see, there's no legal basis for it, and they can't enforce it. There is also no "moral" requirement under the law. Lots of crafters are very nervous about this and often bullied by those who did the patterns.

I don't want to start a firestorm here--I'm sure there are lots of pattern designers here. This is my opinion only. However, since I'm going to start a business shortly, I'm going to get a legal opinion on this before I start--on what the law is and is not, in the US and in Canada.

Quite frankly, if I purchase a pattern or a book of patterns, if I'm not free to do what I want with what I make from following the instructions, then I'll never buy another pattern.

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