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	<title>Comments on: Quickie Guide to Copyright Law</title>
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	<description>serger reviews, sewing machine reviews, craft supplies and more</description>
	<lastBuildDate>Fri, 18 May 2012 18:23:10 +0000</lastBuildDate>
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		<title>By: Lex</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-318077</link>
		<dc:creator>Lex</dc:creator>
		<pubDate>Sun, 15 Apr 2012 21:09:04 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-318077</guid>
		<description>Legally, it&#039;s okay. Whether or not they&#039;ll have a problem with it is a different matter. ;)

I used to ask that people not use my tutorials to make items to sell, but I realized that not only could I not control that, I was happier if I didn&#039;t worry about it.  And like you said- a bag is a bag. And a hoodie is a hoodie. I&#039;m not teaching people anything they couldn&#039;t go buy a pattern for or figure out themselves in some way, so pretending I have some sort of monopoly on a hoodie (or whatever) is silly and arrogant. (In my oh-so-humble opinion.)</description>
		<content:encoded><![CDATA[<p>Legally, it&#8217;s okay. Whether or not they&#8217;ll have a problem with it is a different matter. <img src='http://whatthecraft.com/blog/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' /> </p>
<p>I used to ask that people not use my tutorials to make items to sell, but I realized that not only could I not control that, I was happier if I didn&#8217;t worry about it.  And like you said- a bag is a bag. And a hoodie is a hoodie. I&#8217;m not teaching people anything they couldn&#8217;t go buy a pattern for or figure out themselves in some way, so pretending I have some sort of monopoly on a hoodie (or whatever) is silly and arrogant. (In my oh-so-humble opinion.)</p>
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	<item>
		<title>By: tracy</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-317513</link>
		<dc:creator>tracy</dc:creator>
		<pubDate>Fri, 13 Apr 2012 15:56:52 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-317513</guid>
		<description>Hi:) I have recently started teaching myself how to sew bags, and to do that i have gotten some free patterns off some blogs.  I am now thinking about selling, probably by starting up a facebook page.  The bags are made from these patterns some of them modified a bit and they will have my own logo on.  Is that ok or will the people that put up these free patterns have a problem with it?  I mean, a bag is a bag after all you know?</description>
		<content:encoded><![CDATA[<p>Hi:) I have recently started teaching myself how to sew bags, and to do that i have gotten some free patterns off some blogs.  I am now thinking about selling, probably by starting up a facebook page.  The bags are made from these patterns some of them modified a bit and they will have my own logo on.  Is that ok or will the people that put up these free patterns have a problem with it?  I mean, a bag is a bag after all you know?</p>
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	<item>
		<title>By: Lex</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-315972</link>
		<dc:creator>Lex</dc:creator>
		<pubDate>Thu, 05 Apr 2012 20:31:59 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-315972</guid>
		<description>Exactly. It&#039;s unfortunate that Etsy has even taken such a hardline with trademark stuff. If I were Etsy, I&#039;d remove the item and let that be that. It&#039;s one of the few things that makes me think fondly of Ebay in comparison.</description>
		<content:encoded><![CDATA[<p>Exactly. It&#8217;s unfortunate that Etsy has even taken such a hardline with trademark stuff. If I were Etsy, I&#8217;d remove the item and let that be that. It&#8217;s one of the few things that makes me think fondly of Ebay in comparison.</p>
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	<item>
		<title>By: Noelle Meade</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-315971</link>
		<dc:creator>Noelle Meade</dc:creator>
		<pubDate>Thu, 05 Apr 2012 20:21:16 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-315971</guid>
		<description>Thanks for the feedback and the link.  So they&#039;re being jerks and bullies, basically, but it&#039;s not worth my Etsy store or potential legal bills to fight with them.  I have removed the item.  If only I&#039;d won the mega lottery - there would be payback.  ;-)</description>
		<content:encoded><![CDATA[<p>Thanks for the feedback and the link.  So they&#8217;re being jerks and bullies, basically, but it&#8217;s not worth my Etsy store or potential legal bills to fight with them.  I have removed the item.  If only I&#8217;d won the mega lottery &#8211; there would be payback.  <img src='http://whatthecraft.com/blog/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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	<item>
		<title>By: Lex</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-315966</link>
		<dc:creator>Lex</dc:creator>
		<pubDate>Thu, 05 Apr 2012 20:00:11 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-315966</guid>
		<description>I would remove the item. Not because you&#039;re doing anything wrong, but because Harley Davidson has been very aggressive and stubborn about this kind of thing in the past, and they can not be reasoned with. (More can be read about this here: http://www.tabberone.com/Trademarks/HallOfShame/HD/HarleyDavidson.shtml)

If you don&#039;t remove your item, they will likely file a formal complaint with Etsy. Then Etsy will remove your item. That&#039;s if you&#039;re lucky. Others have had their shops closed permanently. It&#039;s been suggested that the first complaint like this is your &quot;warning&quot; and that any subsequent complaint is grounds for them to close your shop, but I wouldn&#039;t risk the &quot;warning&quot;, personally.

I&#039;ve removed all licensed stuff from my Etsy shop for this very reason.</description>
		<content:encoded><![CDATA[<p>I would remove the item. Not because you&#8217;re doing anything wrong, but because Harley Davidson has been very aggressive and stubborn about this kind of thing in the past, and they can not be reasoned with. (More can be read about this here: <a href="http://www.tabberone.com/Trademarks/HallOfShame/HD/HarleyDavidson.shtml" rel="nofollow">http://www.tabberone.com/Trademarks/HallOfShame/HD/HarleyDavidson.shtml</a>)</p>
<p>If you don&#8217;t remove your item, they will likely file a formal complaint with Etsy. Then Etsy will remove your item. That&#8217;s if you&#8217;re lucky. Others have had their shops closed permanently. It&#8217;s been suggested that the first complaint like this is your &#8220;warning&#8221; and that any subsequent complaint is grounds for them to close your shop, but I wouldn&#8217;t risk the &#8220;warning&#8221;, personally.</p>
<p>I&#8217;ve removed all licensed stuff from my Etsy shop for this very reason.</p>
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	<item>
		<title>By: Noelle Meade</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-315963</link>
		<dc:creator>Noelle Meade</dc:creator>
		<pubDate>Thu, 05 Apr 2012 19:42:24 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-315963</guid>
		<description>I make little knit bags on hand looms that I sell on Etsy.  They are my own pattern.  In one case I happened to have an official Harley Davidson patch.  I sewed it onto the pouch and just got a letter from Harley Davidson that I have to remove any and all items with their logo immediately and that the patch was for personal use only.  My item description is clear that it&#039;s an item I created and sewed a patch onto.  If I add a statement that &quot;This is not an official product of Harley Davidson&quot; do I still have to remove my item?</description>
		<content:encoded><![CDATA[<p>I make little knit bags on hand looms that I sell on Etsy.  They are my own pattern.  In one case I happened to have an official Harley Davidson patch.  I sewed it onto the pouch and just got a letter from Harley Davidson that I have to remove any and all items with their logo immediately and that the patch was for personal use only.  My item description is clear that it&#8217;s an item I created and sewed a patch onto.  If I add a statement that &#8220;This is not an official product of Harley Davidson&#8221; do I still have to remove my item?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Lex</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-315733</link>
		<dc:creator>Lex</dc:creator>
		<pubDate>Wed, 04 Apr 2012 20:09:18 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-315733</guid>
		<description>I would doubt that anyone would allow you to resell their patterns. 
As for being allowed to sell an item with a pattern embroidered on it, it will really depend on who you purchased the pattern from. Some probably don&#039;t allow it, but I know some that do, like UrbanThreads.com.

In terms of whether or not a company has the right to forbid you from selling an item with their pattern embroidered on it... it&#039;s another trip into murky territory. 
On the one hand, they&#039;re giving you the means to reproduce their design. Can they tell you what you can and can&#039;t do with it after you&#039;ve made an embroidery piece? 
On the other hand, you could think of it as being similar to licensing deals that companies make with manufacturers. For example, Hello Kitty might go to a manufacturer and say, &quot;We want you to make 5000 Hello Kitty stuffies for us.&quot; Does the manufacturer have carte blanche to make another 2000 Hello Kitty stuffies to sell for themselves? Certainly not. The deal was that they had permission to use the trademarked design to make 5000 stuffies for the Hello Kitty license holder. Likewise, perhaps a design company should (and perhaps does) have the right to sell you the means to reproduce a design, but stipulate that it is for personal use only and NOT for sale.</description>
		<content:encoded><![CDATA[<p>I would doubt that anyone would allow you to resell their patterns.<br />
As for being allowed to sell an item with a pattern embroidered on it, it will really depend on who you purchased the pattern from. Some probably don&#8217;t allow it, but I know some that do, like UrbanThreads.com.</p>
<p>In terms of whether or not a company has the right to forbid you from selling an item with their pattern embroidered on it&#8230; it&#8217;s another trip into murky territory.<br />
On the one hand, they&#8217;re giving you the means to reproduce their design. Can they tell you what you can and can&#8217;t do with it after you&#8217;ve made an embroidery piece?<br />
On the other hand, you could think of it as being similar to licensing deals that companies make with manufacturers. For example, Hello Kitty might go to a manufacturer and say, &#8220;We want you to make 5000 Hello Kitty stuffies for us.&#8221; Does the manufacturer have carte blanche to make another 2000 Hello Kitty stuffies to sell for themselves? Certainly not. The deal was that they had permission to use the trademarked design to make 5000 stuffies for the Hello Kitty license holder. Likewise, perhaps a design company should (and perhaps does) have the right to sell you the means to reproduce a design, but stipulate that it is for personal use only and NOT for sale.</p>
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	<item>
		<title>By: dawn</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-315419</link>
		<dc:creator>dawn</dc:creator>
		<pubDate>Wed, 04 Apr 2012 04:33:55 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-315419</guid>
		<description>greetings! i am glad to have found your site! i am new to embroidery world. I&#039;ve purchased an embroidery machine like 5 months ago, the thing is that my husband downloaded embroidery patterns from the internet(saw some of them at etsy)Now, my concern is that do I have the right to sell the pattern itself? and or if i have the right to sell an item, like a bag for example with a downloaded embroidery i got? 
thanks for helping :-)</description>
		<content:encoded><![CDATA[<p>greetings! i am glad to have found your site! i am new to embroidery world. I&#8217;ve purchased an embroidery machine like 5 months ago, the thing is that my husband downloaded embroidery patterns from the internet(saw some of them at etsy)Now, my concern is that do I have the right to sell the pattern itself? and or if i have the right to sell an item, like a bag for example with a downloaded embroidery i got?<br />
thanks for helping <img src='http://whatthecraft.com/blog/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Lex</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-310615</link>
		<dc:creator>Lex</dc:creator>
		<pubDate>Sun, 18 Mar 2012 16:37:55 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-310615</guid>
		<description>That would be fine, but if you&#039;re listing them on a selling site like Etsy, using the designer name in the title could be interpreted as trademark infringement.</description>
		<content:encoded><![CDATA[<p>That would be fine, but if you&#8217;re listing them on a selling site like Etsy, using the designer name in the title could be interpreted as trademark infringement.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Linda</title>
		<link>http://whatthecraft.com/quickie-guide-to-copyright-law/comment-page-1/#comment-309951</link>
		<dc:creator>Linda</dc:creator>
		<pubDate>Fri, 16 Mar 2012 23:09:39 +0000</pubDate>
		<guid isPermaLink="false">http://whatthecraft.com/blog/?p=1228#comment-309951</guid>
		<description>Is it legal to use second hand clothes to make purses (for sale) and showcase the labels from the clothes on the outside of the purse as part of the decoration on the purse?</description>
		<content:encoded><![CDATA[<p>Is it legal to use second hand clothes to make purses (for sale) and showcase the labels from the clothes on the outside of the purse as part of the decoration on the purse?</p>
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