Comments on: Quickie Guide to Copyright Law http://whatthecraft.com/quickie-guide-to-copyright-law/ did you just craft your pants? Mon, 06 Sep 2010 19:59:54 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Lex http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-47096 Lex Mon, 19 Jul 2010 15:21:40 +0000 http://whatthecraft.com/blog/?p=1228#comment-47096 That is correct. I will say that I personally wouldn't feel right making and selling from a pattern I bought from another indie designer. Not directly anyway. If I bought a pattern and modified it, that's a different story, in my opinion. That is correct.
I will say that I personally wouldn’t feel right making and selling from a pattern I bought from another indie designer. Not directly anyway. If I bought a pattern and modified it, that’s a different story, in my opinion.

]]> By: Anna http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-45942 Anna Wed, 14 Jul 2010 18:21:25 +0000 http://whatthecraft.com/blog/?p=1228#comment-45942 What about designers who sell sewing patterns, or even knit and crochet patterns on sites like etsy, ebay, etc, who all say something similar like "for personal use only", "you can't sell items made from this pattern".... doesn't that fall under the First Sale Doctrine also? Meaning you can in fact sell an item you made from a pattern you purchased as long as you are not redistributing the pattern itself? What about designers who sell sewing patterns, or even knit and crochet patterns on sites like etsy, ebay, etc, who all say something similar like “for personal use only”, “you can’t sell items made from this pattern”…. doesn’t that fall under the First Sale Doctrine also? Meaning you can in fact sell an item you made from a pattern you purchased as long as you are not redistributing the pattern itself?

]]> By: Lex http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-28905 Lex Wed, 05 May 2010 15:56:29 +0000 http://whatthecraft.com/blog/?p=1228#comment-28905 Preprinted images on paper should be okay. Again, I'm sure plenty of the companies will try to mark all over it "for personal use only", but once you buy the paper, you can do what you want with it. Files you purchase on the internet would be a bit different. Many people selling digital images put limitations on how you can use it... I'm not as certain about the legalities of what they can and can't limit. Unfortunately, it's hard to be certain that people selling artwork/images own them... I've seen plenty of people selling embroidery images and such with images I knew weren't their own work. Preprinted images on paper should be okay. Again, I’m sure plenty of the companies will try to mark all over it “for personal use only”, but once you buy the paper, you can do what you want with it.

Files you purchase on the internet would be a bit different. Many people selling digital images put limitations on how you can use it… I’m not as certain about the legalities of what they can and can’t limit.

Unfortunately, it’s hard to be certain that people selling artwork/images own them… I’ve seen plenty of people selling embroidery images and such with images I knew weren’t their own work.

]]> By: Alexandra http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-20735 Alexandra Wed, 31 Mar 2010 17:46:18 +0000 http://whatthecraft.com/blog/?p=1228#comment-20735 I'd like to thank you for this article as well. Question: Could I use purchased stock imagery on paper or as internet files in items intended for resale? I think the physical paper would fall into first purchase territory, but I'm not sure about reprinting from files. How can I be sure an image is owned by the person selling it to me? Also, I'm very glad they can't copyright clothing designs. It seems like it would be difficult to tell how similar/different something would have to be to/from the original. It could get really nit-picky really fast and I'd hate a world where designers had too many limitations. I’d like to thank you for this article as well. Question: Could I use purchased stock imagery on paper or as internet files in items intended for resale? I think the physical paper would fall into first purchase territory, but I’m not sure about reprinting from files. How can I be sure an image is owned by the person selling it to me?

Also, I’m very glad they can’t copyright clothing designs. It seems like it would be difficult to tell how similar/different something would have to be to/from the original. It could get really nit-picky really fast and I’d hate a world where designers had too many limitations.

]]> By: Lex http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-19334 Lex Sat, 20 Mar 2010 23:33:21 +0000 http://whatthecraft.com/blog/?p=1228#comment-19334 I wanted to add- You should avoid claiming the dresses to be like a particular designer, because that can get you into trouble. For example: "This dress is just like the Gucci dress worn by Michelle Von Fluffyhead at the Oscars." Gucci (or whomever) could claim that you're using their trademarked name to sell your product, which is a no-no. Instead you could say something like this: "This dress is nearly identical to a dress by a high end fashion designer, but available at half the price." I wanted to add-
You should avoid claiming the dresses to be like a particular designer, because that can get you into trouble.

For example:
“This dress is just like the Gucci dress worn by Michelle Von Fluffyhead at the Oscars.”

Gucci (or whomever) could claim that you’re using their trademarked name to sell your product, which is a no-no.

Instead you could say something like this:
“This dress is nearly identical to a dress by a high end fashion designer, but available at half the price.”

]]> By: Lex http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-19333 Lex Sat, 20 Mar 2010 23:32:59 +0000 http://whatthecraft.com/blog/?p=1228#comment-19333 I wanted to add- You should avoid claiming the dresses to be like a particular designer, because that can get you into trouble. For example: "This dress is just like the Gucci dress worn by Michelle Von Fluffyhead at the Oscars." Gucci (or whomever) could claim that you're using their trademarked name to sell your product, which is a no-no. Instead you could say something like this: "This dress is nearly identical to a high end fashion designer, but available at half the price." I wanted to add-
You should avoid claiming the dresses to be like a particular designer, because that can get you into trouble.

For example:
“This dress is just like the Gucci dress worn by Michelle Von Fluffyhead at the Oscars.”

Gucci (or whomever) could claim that you’re using their trademarked name to sell your product, which is a no-no.

Instead you could say something like this:
“This dress is nearly identical to a high end fashion designer, but available at half the price.”

]]> By: Lex http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-19331 Lex Sat, 20 Mar 2010 23:27:55 +0000 http://whatthecraft.com/blog/?p=1228#comment-19331 Hi Louise- At least in the US, that is perfectly legal, as long as you are not using a designer's logo (think the Chanel "double C's") or something like that in the design. A dress can not be copyrighted, as it is a piece of clothing, which is considered a 'Useful Article'. A bunch of the famous hotshot designers tried to rally together not that long ago to try to change that. They of course spun it to suggest they were trying to protect the "little guys", but really, I think they would have abused such a power. What would have stopped them from slapping every small designer with a copyright suit? Hi Louise-
At least in the US, that is perfectly legal, as long as you are not using a designer’s logo (think the Chanel “double C’s”) or something like that in the design. A dress can not be copyrighted, as it is a piece of clothing, which is considered a ‘Useful Article’.

A bunch of the famous hotshot designers tried to rally together not that long ago to try to change that. They of course spun it to suggest they were trying to protect the “little guys”, but really, I think they would have abused such a power. What would have stopped them from slapping every small designer with a copyright suit?

]]> By: Louise Scott http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-19079 Louise Scott Thu, 18 Mar 2010 22:34:41 +0000 http://whatthecraft.com/blog/?p=1228#comment-19079 I am thinking of buying some dresses from a Chinese company. They are going to make them to look like the dresses of a famous dress designer. I will then be selling them on. Will I get in trouble for this? How do I find out if their dresses are copyrighted and if they can be copied? I'm sure they won't be made of exactly the same material or have exactly the same finish. I would be great if you can help, Louise I am thinking of buying some dresses from a Chinese company. They are going to make them to look like the dresses of a famous dress designer. I will then be selling them on.

Will I get in trouble for this?

How do I find out if their dresses are copyrighted and if they can be copied?

I’m sure they won’t be made of exactly the same material or have exactly the same finish.

I would be great if you can help,

Louise

]]> By: Lex http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-17955 Lex Tue, 02 Feb 2010 02:55:13 +0000 http://whatthecraft.com/blog/?p=1228#comment-17955 You're welcome, Ru! The way I understand "Useful Articles", which includes clothing, it would be legal to reproduce a garment like that. That's why you see a lot of high fashion designer knock-offs. Unless they've got a piece of visual art or logo printed on the dress, it's fair game. There are certain instances where people can claim a clothing design as "sculptural art", and that CAN be copyrighted, but I don't think costume designs would fall into the category, even if they tried. A bunch of wealthy, snooty designers were lobbying for the ability to copyright clothing designs about a year ago, I don't think they succeeded. It's a good thing, too... I have a feeling they'd run around trying to shut down smaller designers. You’re welcome, Ru!
The way I understand “Useful Articles”, which includes clothing, it would be legal to reproduce a garment like that. That’s why you see a lot of high fashion designer knock-offs. Unless they’ve got a piece of visual art or logo printed on the dress, it’s fair game.

There are certain instances where people can claim a clothing design as “sculptural art”, and that CAN be copyrighted, but I don’t think costume designs would fall into the category, even if they tried.

A bunch of wealthy, snooty designers were lobbying for the ability to copyright clothing designs about a year ago, I don’t think they succeeded. It’s a good thing, too… I have a feeling they’d run around trying to shut down smaller designers.

]]> By: Ru http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-17951 Ru Mon, 01 Feb 2010 21:57:35 +0000 http://whatthecraft.com/blog/?p=1228#comment-17951 This is soo useful! Thank you! This really clarifies a lot of things for me. One question--is it legal to imitate a garment or costume made by someone else? Like, you see a dress in the movie 'The Young Victoria' that you really like, so you decide to reproduce it, or create a dress based off it. This is soo useful! Thank you! This really clarifies a lot of things for me. One question–is it legal to imitate a garment or costume made by someone else? Like, you see a dress in the movie ‘The Young Victoria’ that you really like, so you decide to reproduce it, or create a dress based off it.

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