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tombaak Posts: 12

If I purchase a pattern can I sell the products made from it?  Would you list the pattern designer? 

Thank you,
Melissa

Jane Perala Jane Perala Designs Ltd.
Vancouver Island, B.C., Canada
Posts: 819

As I make patterns and sell them, I will give you my take on this sometimes "touchy" subject.  I figure if I am selling a pattern, then although I still own the rights to the original pattern, I don't have a lot of right to tell a customer that they can't sell the bears made from that pattern.  What I do appreciate however, is that when someone who makes bears from my patterns and sells the bears gives me credit, either on the swing tag on the bear, or in some other noticeable manner.  The one thing that I DO NOT appreciate is when the purchaser of the pattern copies the pattern and either gives or sells that pattern - that is  copyright fraud.
So there you have my 3 cents worth (inflation).
So if you purchase my patterns, please feel free to sell as many bears as you can make from that pattern - just don't sell the pattern itself.
Thanks

jenny Three O'clock Bears
warwickshire uk
Posts: 4,413
Website

I think Jane has a very understanding point of view...I think many people who design patterns then lose control of what is done with them afterwards, and lots of bears then roll out onto the market made from said pattern, with no mention of the designer. I would say the protocol is that if you buy a pattern with the intention of making bears using that pattern which you then sell for profit then you should ask permission of the designer and credit them as being the originator of the design.
In reality that probably hardly ever happens and I am sure there are many bears on the market that started life as somebodys pattern..either bought or taken from a book or magazine.
If you want to follow the rules and have a clear conscience though I think I would at least mention the artist.

bearhug07 Strange Bears
Sydney
Posts: 444

Legally you don't have the right to sell any bear you make from the pattern. Most artists will specify that the pattern is for domestic and personal use only. Many novice makers will contact the artist and ask permission to sell any bears they make and many will give permission but ask that they be acknowledged on the swing tag as designer.

As Jane said it is really annoying to find that many people will photocopy an artists pattern andpass it on to a friend........that is like mugging an arist on the street and stealing money from their wallet.

Personally.....if you have a pattern you wish to use and sell bears from ......contact the artist and ask their permission personally, stating that you will acknowledge them on the swing tag as designer. Then you can do so with a free concious and know you have done the right thing and if the bear designer is in another country don't think they won't know. I've been told twice that bears made from my personal patterns have been seen on sale in other countries and states within Australia without contacting me or asking permission, which would have been given if asked......and that is annoying that the courtesy was never sort!

bearhugs

SueAnn Past Time Bears
Double Oak, Texas
Posts: 21,044

SueAnn Help Advisor, Banner Sponsor

Under the name "Trademarks/Copyrights" in our library, there is a treasure trove of info on this subject.  The library is located right above your post, Melissa, on the left side.

tombaak Posts: 12

Thank you all so much for your answers.  I should clarify that I was asking the question about a tote / purse pattern in particular.  I just figured that I could find the answer here.  I don't think I could sell a bear, no matter who's pattern I used.  Might be like selling my kids, which I contemplate, but would never do. bear_original 

It does make me wonder though, how much difference does it take to make it "yours".  I mean, I have never followed a recipe in my life...  I always start with the best intentions, but decide it needs more of this and less or none of that. I usually say that this dish or that is based on a recipe, but isn't really that dish.

If someone uses pattern A for the body, but changes the limbs and maybe uses pattern B for the ears, can they turn around and call it an original?  I once saw fairies that someone else had made (almost identical to mine, but with cheaper fabric, different wings and for less $) at a gift shop that I had previously sold my fairies to.  At the time it bummed me out a bit, but I am pretty low key and just figured that's the way the cookie crumbles.

KJ Lyons KJ Lyons Design
Seattle, WA
Posts: 1,413
Website

This is difficult  :doh: ,
It's understandable to want to sell patterns. But you have to think further. Can you really completely part with this design? What if someone uses your pattern, changes a few pieces and sells the design to a company? It has happened and has hurt some generous artists. I know a fellow artist whom I dearly love. She was told by a show sponsor that she should "share" her art and "pay back" by offering classes on her technique. Through her classes she launched many clones and it, more or less, destroyed her business and crushed her spirit. Think carefully before offering patterns bear_ermm
Karen

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