Under US copyright law, one you have purchased the copyrighted item it is yours nuch like any other property. Think of a collection of hard cover books that you have assembled over the years as an example. They are yours to read, use as a doorstop, donate to the library or to sell at a garage sale. The book publisher relinquished control over how the book is used or subsequently disposed of after you no longer want it. What you cannot do with the book is to make copies of it to sell or to give away. Nor can you use the book as the basis for writing a play or making a motion picture based upon the contents of the book.
Embroidery designs and embroidery machines would be treated the same way. The physical patterns and CDs belong to you. Barring a signed written agreement between you and the designer, the designer has no control over how you dispose of your property. The recipient would have the same property rights as though the pattern were purchased by them. The "licenses" unilaterally imposed by the designers have no legal standing.
We have not been able to locate a single federal lawsuit in the last 70 years that has gone to trial on the issue of the use of patterns and items made from those patterns. In 1879 the Supreme Court said a copyright owner has no copyright interest in something made from a pattern. In 1908 the Supreme Court said a that a copyright owner, without a written contract, cannot impose use restrictions on an item by printing restrictions on the item.
Karen & Mike
check out my website at http://www.tabberone.com
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51302T^hank you. Now I know I do not have to change my will.
169063Thanks so much for your help. I have CD's of patterns I purchased that I no longer use and wanted to sell them but have been afraid to do so. Think I may be able to do that now. A flower for you.
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132773Yea! It can now be put to bed for a few years, but will probably pop up again in a few years.....
This happened in the quilting world a few years ago and it was literally put to bed also....
For years I have designed quilts and made patterns and etc for quilting and taught quilting for over 25 years.....to me it is the best flattery a person can do, to copy a quilt or pattern I have designed or made, I have never copyrighted anything, cause God knows who did it first and this life is too short to quibble over trivial things....share and let us all have fun....The ONLY thing I asked anyone when they copied one of my patterns and taught it in a class was just to give me the credit in class and not pass it on as their original...
most have done this...if they don't why worry over it....Maybe they will come up with a better version...and yea for them.....where would we be if we had restricted the first mouse trap....where would that "best" mouse trap be today.....so let us now have some fun and enjoy our quilting and all of our embroidery machines and designs....and get back to collecting freebies.....
3 comments
by marymadeit
28 Oct 2010
Amen!!!Helping someone is kind and good not helping is mean and hateful. A dollar just isn't worth the mean reputation.*4U.
15874Thank you...now maybe everyone can relax on the recent uproar. *4all! ~Rita
4458Thank you Karen and Mike we all appreciate this information.
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3457Karen you are a woman to my heart. I have told my Cape Town Cutie friends exactly what you said above. Thank you. If I pay for something, its mine. The seller cant dictate to me what to do with it.So lets just celebrate life and put the nitty gritty to rest. I just love your kitties
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