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Old 05-25-2004, 02:32 PM   #1 (permalink)
mommy2maya
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Another pattern & copyright question

I made Maya a set from the PRR cherries twill, the twirly sundress from 2/2002 ottobre, along with the harebell hat from last summers, and a really cute pair of KS bloomers. Anyway, she wore it to a party last weekend, and we got TONS of compliments on the outfit! At least three mamas begged me to sew a set for their dd's, one offered $75 for a set . Anyway, I was pretty sure it was not ok to do for profit, but just wanted to seek out the opinion here. I also am emailing Tuula, to see what the official word from Ottobre is.
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Old 05-25-2004, 02:41 PM   #2 (permalink)
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probably going to be in the minority here, but i say do it. and really, you'd be compensated for your time, kwim? it's not like you can just whip out a set in 5 minutes, so you should be paid for your sewing services.
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Old 05-25-2004, 02:45 PM   #3 (permalink)
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Well, if you're being paid enough to make it worthwhile, you could always buy a copy of that Ottobre for each dress you make.
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Old 05-25-2004, 03:00 PM   #4 (permalink)
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since a couple different people have contacted the copyright office and have all received the same answer (that the pattern itself cannot be copied for resale but that the clothing made from it can be sold) I would think it would be totally legal.

Might not feel right because all along everyone has assumed that the "for personal/home use only" printed on patterns was binding. But I have to say the fact that pattern companies print that on pattern envelopes as a "scare tactic" irritates me.

The person who designed the pattern has been paid. You paid Ottobre. The person asking you to sew for her isn't going to buy Ottobre so they aren't losing a sale. Really it would give you more reason to KEEEP buying their magazine.
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Old 05-25-2004, 03:06 PM   #5 (permalink)
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Quote:
Originally posted by Dannielle
since a couple different people have contacted the copyright office and have all received the same answer (that the pattern itself cannot be copied for resale but that the clothing made from it can be sold) I would think it would be totally legal.

Might not feel right because all along everyone has assumed that the "for personal/home use only" printed on patterns was binding. But I have to say the fact that pattern companies print that on pattern envelopes as a "scare tactic" irritates me.

The person who designed the pattern has been paid. You paid Ottobre. The person asking you to sew for her isn't going to buy Ottobre so they aren't losing a sale. Really it would give you more reason to KEEEP buying their magazine.
I agree.
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Old 05-25-2004, 03:12 PM   #6 (permalink)
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I agree that you should do it. The best argument I've heard along these lines is that the pattern makers aren't in the business of selling clothes...just patterns. Therefore, they wouldn't be losing business if you sold clothes you made from their patterns.
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Old 05-25-2004, 03:13 PM   #7 (permalink)
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I haven't found on my KS patterns anywhere that it's for personal use only actually. Haven't looked at Ottobre.

Hey I want to see a picture!!!!!
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Old 05-25-2004, 03:43 PM   #8 (permalink)
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I agree! Do it, makes tons of $$$$
Did you ever post a picture? I'd love to see the dress and hat.
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Old 05-25-2004, 04:16 PM   #9 (permalink)
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Old 05-25-2004, 04:18 PM   #10 (permalink)
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No, I haven't shown this set yet, it is absolutely adorable though!! Here is the hat:

Anyway, the reason I am still unsure of the legalities is how do people get away with offering cottage licensing fees of hundreds of dollars if it is ok to just use the pattern?
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Old 05-25-2004, 04:28 PM   #11 (permalink)
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Quote:
Originally posted by mommy2maya
Anyway, the reason I am still unsure of the legalities is how do people get away with offering cottage licensing fees of hundreds of dollars if it is ok to just use the pattern?
I think what you're paying for is the right to use the name to sell your product. Take Cuddlebuns as an example, if you buy the license you can make the diapers and sell them as "cuddlebuns" diapers.
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Old 05-25-2004, 04:30 PM   #12 (permalink)
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Jayme's right it's the ability to use the name you're buying.
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Old 05-25-2004, 04:41 PM   #13 (permalink)
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So anyone can sew a cuddlebuns, call it by another name and sell them with no consequences?
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Old 05-25-2004, 05:12 PM   #14 (permalink)
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You know what, Mary? There was a time when it seemed as though *you* were the copyright and license police. You weren't very nice about it, either...and because of that I find this post extremely hypocritical. I am sorry if this seems a little too straightforward, but it honestly hurt *me* to see how you were treating other mamas - especially sewing mamas - with your replies.


I know its been a while since those hot topics, but your post brought it all back up for me.

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Old 05-25-2004, 05:14 PM   #15 (permalink)
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So many diapers look exactly the same. How really could anyone tell if the Cuddlebuns pattern was used or not? Ive seen a bunch of fitteds here and they are all pretty much the same thing, ya know?

The cottage licenses are sold so that you too can latch onto the products positive reputation.

I agree that the pattern companies are out to make patterns, not clothing. All it would take is the tiniest modification and you could call it your own work anyway, right?
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