Attn: Copyright Law Experts

Yes. It is often not difficult to get permission from the copyright owner. As awareness of this grows, some copyright owners are including a statement on the chart that allows the chart owner to stitch the design multiple times, sometimes limiting it to multiple times for personal use.

Yes.

Best wishes, Ericka

I think we have discussed this before ,,, it seems that eventually if a GM has 5 grandkids for whom she wants to knit each one the same sweater ,, she will have to buy 5 copies of the magazine !!! mirjam

Since when? As I understand it, you can make as many as you want provided you don't sell them (such as at a bazaar or for business purposes, such as sewing a dress 50 times), or give them away. If it's for your own use, there is no problem.

That being said, there are a few needlework designers (I think MLI is one) who at one time was printing that "notice" on patterns. I believe she has discontinued the practise?

I saw that article and thought there was something wrong with that statement. People keep dress patterns and use them over and over again for themselves. There's nothing on the pattern that says otherwise. However, I do know that technically you are not supposed to use a dress pattern as I outlined it above. I looked all this up at one time, but it's been years ago.

Dianne

Not true. The law is, and always has been, that unless otherwise specified or you get permission from the copyright holder, you are granted only the right to turn one chart into one finished instance. Period. Doesn't matter what the use is or whether you've received money for it. The law is quite clear on that if you talk to copyright attorneys. Now, it is certainly the case that many designers are unaware of this. As they become more aware, many are including explicit permission on the chart. Others want to retain the right to review on a case by case basis but have no problem granting permission to most who ask. It is the intent of many designers that people can make multiple copies from a chart, at least for their personal use, so it's typically not a problem to get permission if you can get in contact with the copyright holder. I think more and more designers will make their intentions clear on their charts as people become more aware of this. I think needlework has been such a small market that these sorts of issues just haven't really risen to the surface in people's minds until fairly recently. Also, if you are just making multiple instances for your personal use, it's unlikely that anyone would discover this, or care if they did. But if the question is what the law permits, then the law technically permits you to turn one chart into one stitched instance.

That I don't know about. I haven't looked at one of her charts recently.

Best wishes, Ericka

Disney spells it out plainly on their charts that it is illegal to stitch more than once. I believe it also says it's illegal to sell the finished product.

Okay, so I guess I gotta get beat up again, but here goes... If I buy a pattern, the material to make the project, then why can't I sell it? I'm not selling the pattern, but I am selling my hard work. Then to. if I can't sell it, does that mean that I can't give it as a gift? About the reply that it can only be used once, I took that to mean, that if I have a pattern to make, say flowers on a pillow front, I couldn't make two, so my two chairs can't have matching pillows. Now how silly is that?

Sure, you can have matching pillows. You'd just have to purchase two charts if the copyright holder didn't give you permission. However, odds are that the copyright holder will give you permission if you ask.

Best wishes, Ericka

Tell us what you REALLY think, Mirjam. ;)

GEEEEEE I have some sewing "patterns"i have USED and Used and Used ,,,, for YEARS ,,this pattern fits me and i buy different cloth and make myself new skirts everytime with same pattern,,,, i read it in a book YEARS ago ,, how to measure my hips , my waist , i measure the wanted length , and i sewed skirts for me and sometimes as a present to my friends with the same idea ,,,, ,,, Do you mean i now have to count my skirts and pay to the Designer[s],, only problem is i measure my hips according to one system , add some length according to another system , now how much do i pay the first person how much the second ,,,,,,And any way ,,,, maybe i should SUE them for selling me the book[s] under false pretentions ,,,, since the Because this kind of books sell under the TITLE SEW for yourself , Sew without a patteren , sew better , sew easier NOWHERE DO THEY SAY Sew each item only once !!!! In fact i Never saw SUCH warning in BURDA , which is sold WORLD wide and used By Millions of Women , to sew for themselves and for others !!!! And By the way Do this Designers Pay to the people who found out this systems of measurements ,??? Thus now Every poor seamstress can`t affird a little pocket money from sewing some clothes from a SEWING MAGAZINE ,,,,, That is sold with Patterns ,,,, why don`t they make them Destroy themselves after being used once ??? and what about the MANY women who have a body with 2 different sizes at 2 diiferent parts ,,,,, can they use it once only ??? mirjam

Well Elizabeth !!! I think i wrote quite widely , what i really think ,,,, I think some of those rules have gone too far ,, i design loads of stuff and i do not mind people copying it. But i don`t make a living from it ,,,, mirjam

That's the thing - most people would rather moan about it than bother to send an e-mail or letter to a copyright holder and ask permission to use it for several cushions, etc.

The issue with making something and selling it is that most patterns say they may not be sold for commercial purposes, or used for commercial applications. If you're going to make a bunch of Disney pillows and sell them, then you have to get a license to distribute that item. It's different licensing for trademarked items.

It it's just a design from your favorite XS designer, and not a specifically trademarked subject - such as Goofy - then you're still not supposed to sell it commercially. If you want to donate the finished object for a charity auction, then you're supposed to get permission from the designer, or at least notify them. They're usually thrilled that you raised money with their design and your work. If you're intending to sell it commercially for profit - then again you must have permission. When you bought the chart you got license to stitch, use that design for personal use - when you swap into selling you're now entering commercial use and need permission to sell someone else's copyrighted work - the original design.

As some of us have said - it's pretty straightforward to send a line to a designer (most of their addresses are on their charts - or a contact via web site) and request permission to make 4 pillows (most cases no one would care or notice if they're just in your house), or to donate for a charity auction which will result in money being paid for it - likely a happy yes response.

You also cannot translate their original art to another medium. As was done by someone that took an MLI piece, and made a quilt out of it, which won an award at a huge quilt show, and was IIRC either on the back page, or a cover or Quilter's Newsletter Mag, and ended with a big lawsuit (there was a big cash prize of some thousands with the quilt award). MLI won the suit, or it was settled as she would've won - I don't remember all the details - it was bout 8 years ago. Similarly, a hotel in Houston used the patterns of quilts made by well known quilt designer (kaleidescopes) in getting new carpeting woven - this hotel connects to the place where the annual show is. The designer sued, and it has progressed with her winning a settlement. The hotel had infringed on her copyright wtihout gaining permission.

So, if you want to take a XS chart, and make a quilt, or something else with that art - you also need to ask the designer for permission. It's still their original art and purchase of the pattern doesn't give you license to use it for another purpose.

ellice

Oh, Mirjam, it was a joke that possibly just didn't translate well. I knew how you felt, all the way over here in Kansas City. ;)

It is Ok Elizabeth i knew it was a joke ,, thing is i just was notified that a work of mine appears on a Japanese Site , amongst other works and at the end of the pictures that include one of MY works ,,,,, they printed all rights reserved ,,,,, i didn`t know if i should Laugh cry or just breath deeply ,,,,,, Than i opened your reaction to my LOOOOONG letter and sort of let out my Puzzelement about being included in a Japanese site[ without knowing what they write about my work!!] ......in this answer ,,,

Oh, my goodness gracious. Shame on me. I've violated copyright many times, as far back as about 1987, when I stitched Serendipity's "Imperial Dragon" once as charted, then flipped the design over and stitched it again, mirror images.

Then there's the graduation sampler that's been stitched 9 times, and will be stitched a tenth in 2009. And the wedding piece that has been stitched 3 different times in 3 different colorways. And will likely be stitched again and again and again and again in four different colorways. And the baby sampler that's been stitched 3 times in three different colorways and is facing a fourth.

You're really go> >> Disney spells it out plainly on their charts that it is illegal to stitch

But that's exactly what's being argued in these various threads--that you can't make more than one instance of the finished product from one pattern.

Oh, come on. You purchased the pattern for your personal use and are not handing it out to other people or making bunches of them to sell. You have not really deprived the designer of their license fee -- that is, unless that particular design says you may only make one copy.

Okay -- SOME copyright owners indicate that. I bet some of the kit owners would expect that. But if you buy a book of patterns to stitch, they certainly don't expect you to only make one thing from it, I am sure.