SELLING TRADEMARK CRAFTS.
Let me make something clear. I am not making judgment on what any of you do or don't do. This in information I have to share and my interpretation.

I have made Yarmulkes (Jewish skullcaps) using sports teams fabric. The paper pattern that I used to cut the pieces has a copyright. I can use that pattern as often as I like but I am not supposed to resell or share it. The fabric is licensed. I can do what ever I choose with that fabric.

Once I make the yarmulkes using a copyrighted fabric and licensed fabric I can sell the finished product. I am not allowed to claim it as being an official Detroit Tiger or St Louis cardinal official souvenir. I am supposed to use a disclaimer that says I am not affiliated with the licensing company

Posted by: NANCYE G on 07/02/15
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I think you are taking this thread too far. No one is trying to infringe on any copyright laws. I was just asking a question for clarity, that's all. I don't think anyone is going to do or try to do anything illegal here. Just saying.
Posted by: jclifford on 07/02/15
Appreciate your thoughts. I know that I have gotten a little long winded on the last couple of posts. I guess all that I was trying to say is that we can do as we please.
Posted by: NANCYE G on 07/02/15
I, for one, appreciate the clarification. Copyright seems to be an issue with several posters. Whether the issue is resale or gifting or sale of privately created treasures, there certainly is a lot of room for clarification. I can't see the nuances of selling something for which I bought a pattern and finished, or re-selling a pattern I no longer want or can use. The original creator got their worth from me for that one, didn't they? Now, to make copies of patterns and sell those, that is a totally different kettle of fish. The intent is quite clear.

Long-winded, or not, perhaps more needs to be said. :)
Posted by: VCESS on 07/02/15
VCESS -- I kind of agree with you. If I have a pattern that I don't want -- why can't I sell it. Then on the other hand why can't I give it to someone. Sometimes, it is hard to interpret the exact meaning of the laws. I want to give my stuff to a charity or someone who can't afford to buy. I don't have enough stuff to sell to make it worthwhile.
Posted by: NANCYE G on 07/02/15
I think the laws are similar to paperback, except you wouldn't copy a whole book. Lots of people make copies for friends, or keep a copy & sell the original. Money lost for the designers & publishers.

However, I'm pretty sure you can sell the original, like a paperback, having tossed your working copies. Also, like earning a commission for work you've done, I think you can stitch a design for someone, or sell one in the marketplace.

Like one of the stitching commandments, I always feel free to alter a design I own. If that's illegal, come sue me!
Posted by: jlhewes on 07/02/15
jlhewes -- This really has nothing to do with the current thread. I had to giggle when you said "you wouldn't copy a whole book." My aunt passed away a couple of months ago. During the eulogy it was mentioned that she loved to read. During the Depression there was a book that she wanted but could not afford. She took it out of the library and copied the whole book by hand. It was a story that I had not heard before. I asked my cousins about it afterwards. They had eventually bought her a published copy of the book but they didn't know what happened to the copy that she had made.
Posted by: NANCYE G on 07/02/15
Nancye, what a touching story about your aunt. I love her sense of frugality. Only goes to show how wasteful we have become - as a society that is. I accidently now own the same book 3 times. Haste makes waste. I'll gift them.
As far as copyrights, it's always good to be informed. I don't know what the punishment is for this sort of crime! :) While overseas with little or no access to US cross stitch patterns people freely made copies for their friends. That was many years ago. I don't have cross stitch friends, some quilt or crochet. That's about it.
What about discontinued patterns, jl, can people make copies of those and gift them?
VCESS, I agree that the pattern should be mine to do with as I please once I have purchased it. Not to copy and resell but certainly to donate, give away and resell at garage sales for those that have the energy to have them.
This is all too complicated. I just buy, stash and stitch when I can find a few moments.
Posted by: Texas Stitcher on 07/03/15
I'm way out of date. I think you can copy an OP design. Copyrights last a long time, so if you're considering marketing, check for rights holders.
Posted by: jlhewes on 07/03/15
I'm with you JHewes. I alter it all the time (especially when I made a mistake). I paid for it and it belongs to me and I can do as I will.
Posted by: jclifford on 07/06/15
I think I have too much time on my hands. I actually looked up and read several pages of the Copyright law. The copyright lasts 70 years. According to the First Sale Doctrine you can take a physical copy and lend, resell, or dispose of your copy. You CAN NOT reproduce the material for selling or lending. Only the original physical copyrighted item can be passed around or resold.

Sorry I got so legal. LOL
Posted by: syagel on 07/06/15