Copyright question..licensed characters, home sewing and business..
I really am not trying to start a debate but I have some things I need clarified.
I sew for my family and therefore I own a bunch of patterns and all of them say for home use only. Yet I see wahm's using the same patterns I have and putting the items they make with those patterns up for sale in their stores. I know how I feel about it but wondering what your thoughts are.
Also the licensed character fabrics that some wahms use are again for home, personal use only and are not for making things and reselling for profit yet I see wahms making items with character fabrics and selling them.
Yet someone asks about getting some burned cd's and gets flamed. So why the double standard?
I wouldn't necessarily assume a wahm that sells an outfit that looks like one for which you own a pattern actually used that pattern. It is possible she was inspired by that or a similar picture from a pattern book and drew a very similar pattern on her own. Once you have a feel for drafting patterns it's not that hard to get close to the inspiration.
I have always drawn all my patterns from scratch but some of my items do resemble (some very closely) the picture from a book that inspired me. If you were to pick it apart you'd see my construction method is different and the size is completely different but just by looks it could be assumed I used the book's pattern when I didn't.
I also have on my site a picture of a doll with a pair of Pooh pants. Someone could assume by looking at that picture that I sold doll clothes made from licensed fabric. I didn't. I added them in for free for a special customer. It's the only picture I have of that doll so I put it up.
The way something looks might not be the way it is so I'd be careful with assuming.
You are right though...selling items made from licensed fabric or using commercial patterns to make items for resale is illegal.
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~Dannielle
Momma to Isabelle (8/95) and Mason (1/01)
I know that some have said they used this pattern but modified the length or what have you. So how much does one have to change to make it their own. One wahm made an outfit(jacket and pants) that I have the same pattern for and it looks exactly the same. I see no changes from the pattern to the outift she posted a pic of. She does this a lot it seems to me.
There is a few people who blatantly sell character stuff for money on the board so I don't think I'm assuming there
The way something looks might not be the way it is so I'd be careful with assuming.
So should we ask the wahm outright if they are using a pattern or not? Should we ask if they make the patchwork themselves or used prepatched? Would this offend?
Re: Copyright question..licensed characters, home sewing and business..
Quote:
Originally posted by luv4sophie I really am not trying to start a debate but I have some things I need clarified.
I sew for my family and therefore I own a bunch of patterns and all of them say for home use only. Yet I see wahm's using the same patterns I have and putting the items they make with those patterns up for sale in their stores. I know how I feel about it but wondering what your thoughts are.
Also the licensed character fabrics that some wahms use are again for home, personal use only and are not for making things and reselling for profit yet I see wahms making items with character fabrics and selling them.
Yet someone asks about getting some burned cd's and gets flamed. So why the double standard?
I don't know if there is a double standard. I just don't think this particular topic has made it to the board yet.
It comes down to how the mama wants to run her shop.
I choose to draft my own patterns and not use licensed character fabrics unless they are a gift.
Oh I'm not saying it's not ever the case. Sometimes it is done blatantly. I've seen it many times. You're right...it's not always an assumption. Gosh, I recently saw someone (not an amitymama) selling a lot of dolls on ebay and she had in every decription that she used Magic Cabin's pattern to make them. In that case I would guess she doesn't have a clue that she's doing something illegal since she's advertising it.
I have no idea if tweaking a pattern to make it your own is legal. Doesn't sound ethical to me. But legal and ethical aren't always the same thing.
Personally, I wouldn't be offended if someone asked me anything about how I make anything. A customer is entitled to know what they're paying for, right?
As for your example of pre-patched vs. hand-patched patchwork. I would expect to pay more for hand pieced as there is a lot more time involved. I don't think there's anything illegal or unethical about pre-patched fabric. I've even seen some that are very well made and using it may make a cute patchy item more affordable. I would totally ask if you're wondering. I"m sure most would be happy to answer.
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Quote:
Originally posted by luv4sophie So should we ask the wahm outright if they are using a pattern or not? Should we ask if they make the patchwork themselves or used prepatched? Would this offend?
I don't think that anyone would be offended if you asked them if they were using pre-patched fabric or if they patched it themselves. That's not really a big deal, it's just fabric and it's not liscensed. It's really no different than asking fabric content. Asking them if they're using a pattern...I don't think they would be offended, if I was a wahm, i wouldn't be, but I'm hard to offend.
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lorraine, mama to my sweet baby boy
I think it is fine to ask questions about a product. I often ask for more information so I can make an informed decision.
I also think a lot of wahms don't realize what they are doing is illegal. Not that this makes it okay, it actually totally bugs me since I go to the trouble of drafting everything from scratch.
And it isn't just wahms, I see lots of mamas on the sewing forum making things from patterns and selling them here on the market board, that is also illegal.
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Allison
mama to Ara, Simone, and Zarin
In my experience, patchwork fabric is usally stated HANDMADE PATCHWORK or MAMA MADE PATCHWORK if it is made by the mama herself. Does it really make a difference. Most places let you know how they are stitched anyway. For example, serged and topstitched for durability, is something I often see. Or, fragile patchwork, should be washed gently. I ahve even seen, Patchwork serged only, please be gentle.
As for the patterns, if you start with a purchased pattern, no matter how much you alter it, you cannot use it. You must start from scratch without tracing the pattern. I often lay my pieces nearby to get a good approximation for shoulder width or neck opening, but that is about it.
I think it would be much more appropriate to PM the WAHM in question and ask her if she drafts her own patterns rather than air it all out in public. A simple email to whomever you wish to purchase from will usually yield all teh answers you need!
there is a lot of great information about copyright and "just how much you have to change something" going on among artists on various yahoo groups right now. you can search the groups to find some that deal specifically with copyright, and although i only did copyright issues a couple of times when i was a lawyer in private practices, so i'm hardly an expert, the issues seem to be basically the same. bottom line is that you can't sell licensed character items, even if it's your interpretation of the character. nor can you use store bought patterns that specifically indicate they cannot be put to commercial use. as for the minor modification issue, it starts to resemble the question of whether it's ok to cheat just a little bit on your taxes. personally, i think life is a lot easier when you just play by the rules.
It bugs me to no end when I see people selling things with trademarked fabrics!!! It really is not fair to the companies who have paid for the right to be able to make things with trademarked images.
I also make my own patterns, once you have a basic sloper, like Allison said, it is not too tough, especially childrens items.
Also, question for you, Allison. If I were to use a new pattern, and it turns out the item doesn't fit my child, is that ok to sell as new, or not? I know how hard it gets when you get into grey areas.
But, yes it bugs me, especially the fabric usage. A good rule of thumb is if you recognize the image, it is trademarked & a no-go.
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Mary,
momma to Tyler 5-14-03 And Maya 1-19-2001
And Ciara 1-14-06
Meg- mama to two fantastic little people.
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