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Quote:
Originally posted by arasmama So, back to the original question of "if it is okay to use a pattern for business use, why do people pay for a cottage license?"
Aside from the right to legally use an established pattern for biz purposes, I would think the purpose of a cottage license would allow the use of the name. For example, to many, there is more attraction in a name brand diaper (cuddlebuns, honeyboys, etc.) than, say, a WAHM no-name diaper, ya know? Not to downgrade anybody's work, but I know that "label shoppers" are out there.
I agree with the matter of integrity. One could easily get away with selling anything made from a commerical or WAHM pattern. On a smallish scale, it would be easy to "fly under the radar". That being said, morality and integrity should step in to stop that from happening. That doesnt always happen, but the standards have to be there.
*~No flames, please. I mean no disrespect to anyone. Its just not my nature ~*
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Jenn
Single mama to my two loves *~Feedback~*
"If you keep banging your head against the wall, you're going to get headaches."
Originally posted by Jennbenr Aside from the right to legally use an established pattern for biz purposes, I would think the purpose of a cottage license would allow the use of the name.
This is only true of cuddlebuns though. With elizabeth lee you aren't buy the right to use the name, only the pattern. So, if it is legal to use any pattern, why are people bothering to pay $100/yr to use her patterns? They are stupid? They like to throw money away? It really is illegal to use? No one needs to answer that, I know no one really knows the answer since we are getting conflicting views on whether or not it is illegal.
Isn't it just this simple: If it is written down and published by someone, it *is* copyrighted. If it is copyrighted you cannot, under any circumstances, use it in whole or in part for profit/business without specific permission from/of the copyright holder?
Just to share a "this is my experience" story: I contacted Magic Cabin about using their patterns to make Waldorf-style dolls for sale. I had been asked if I might be interested in doing so after I made a doll for a trade with another mama, and she liked it. Magic Cabin's answer from Judy Krause was, "You can produce and sell Magic Cabin products BUT, they can not be
marketed or advertised as Magic Cabin Products. That would be a violation of
our copyright and would be subject to action." (Direct quote from her email.)
I personally don't understand why/if it would be wrong to have another mama pay me to sew for her, given that she purchases the pattern and the fabric. I don't see any ethical problems with that. If there is, could someone please explain it? I might be dense.....
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Laura
Mom to Steven (7/23/93), Elizabeth (12/15/95), Madelyn
(12/11/98) and Caroline (2/25/02)
Missing my husband and best friend Scott since 9/13/08. Mom, lactivist, heirloom seamstress and OB nurse.
I personally don't understand why/if it would be wrong to have another mama pay me to sew for her, given that she purchases the pattern and the fabric. I don't see any ethical problems with that. If there is, could someone please explain it? I might be dense..... [/b]
it's not unethical. your two examples are fine. the first is that you contacted Magic Cabin, the pattern designer, and requested permission to use the pattern to make sale products. they granted you that permission, but restricted it to say that you may not use their name.
the second example, of having another mama pay you to sew for her when she purchases the pattern is also fine. she has purchased the pattern and the rights to use it for home use and is paying you as a seamstress your time to make it up (either of you may supply the fabric)
The issue comes in in using a purchased pattern without the consent of the pattern designer as the product for your business- the intention to make repetitive products from the design to sell for profit. For example, (let's forget the whole FDA issue for a moment) if I were to buy Kristin's Cloth pad pattern and use it to make cloth pads for sale in my business without Kristin's permission.
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