Comments on: I need help ending a debate over the use of store bought cross stitch patterns?

By: renegade_knitter

renegade_knitter — Mon, 26 Jul 2010 07:17:59 +0000

It depends upon what the pattern says. Some allow you to make items for sale, others say only for gifts or charity. Some allow you to work on commission – someone else buys the kit or materials, and pays an hourly rate or set fee for your time. But you don’t put a price on the finished item.

Default for something like this is to presume "no" unless you have written permission to do it. The last thing your friend’s daughter wants is to get a copyright infringment suit against her – the statutory penalties can be huge!
References :
http://yarnaholic.wordpress.com/the-copyright-faq-for-knitters/
http://www.craftdesigns4you.com/stop.htm
http://www.copyright.org.au/pdf/acc/infosheets_pdf/g021.pdf (Australia)
http://crafts.lovetoknow.com/wiki/Copyright_Laws_and_Card_Making
http://www.craftexpert.co.uk/CardMakingCopyRight.html (UK)

By: needleworker

needleworker — Mon, 26 Jul 2010 06:46:59 +0000

Copyright is a very complex law so always keep to the cautious side. If you require clarification on a design ask the designers permission. They may allow you to sell one completed design. US copyright is completely different to UK law.
References :

By: . .

. . — Mon, 26 Jul 2010 06:04:59 +0000

Yes you can sell your work, even if there is a copyright on the pattern. You can not sell the original pattern, but your own works.

What does a copyright protect?
In the case of patterns for needle art projects, the original drawings, photographs, and text (if any) describing how to make the projects.

What is NOT protected by a copyright?
The idea or method of construction behind the pattern; in other words, the design. This is the most common misconception about patterns; the law says, "USC Title 17 Section 102 (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

However if the pattern manufacturer owns a Design Patten, then you can not sell the finished work. This however is not common. Check the packaging to see if there is a patten number of if it says patten pending.
If you do not have the original packaging, check other works from the same manufacturer. If they say anything about a patten I would be careful.
References :
Etsy Seller!

By: EL DIABLO

EL DIABLO — Mon, 26 Jul 2010 05:56:59 +0000

Actually, the ownership of the copyright is either the designer or the company who puts out the design (depending upon their agreement) even though you may have paid for a chart or kit. Check the fine print on the kit or pattern for what you are allowed to do with it as many times you are not allowed to sell even one of the finished pieces. No design is EVER fair game unless the designer has stated so – sometimes small samples are. Disney does not allow you to sell what you have made from their kits and only permits you to make 1 of each item.
If you are ever in doubt and can not find the info on the pattern/kit, drop the designer or manufacturer of the kit/pattern first.
PROTECT OUR DESIGNERS, HONOR THE COPYRIGHT
References :

By: DR Bears face

DR Bears face — Mon, 26 Jul 2010 05:43:59 +0000

As a knitter the same question arises. The rules about cross stitch may be different.
Designs based on some subjects such as cartoon characters are covered by copyright and cannot be sold. This law I should think applies to cross stitch too.
Knitting pattern writers I have met say they do not mind selling garments made to their provided it is clear that the design is theirs.
You could perhaps sell items with a label saying "This is Dimensions design". This would be polite even if not legally required.
References :

By: Stam

Stam — Mon, 26 Jul 2010 05:33:59 +0000

With regards to the finished works, they’re yours to do with as you please (so stitching multiple items from the one pattern and selling them is fine).

If you buy a pattern from a physical store then you can’t photocopy and sell the copied patterns but you could sell the original pattern itself as a second hand pattern if you like.

In the same way, if you buy an electronic pattern, then you can’t sell it, but can sell whatever you stitch from it.

Have a look at http://cheap-and-free-cross-stitch-patterns.myartsonline.com because they mention their terms of use which may help. They also have cute and free patterns you can grab.

Hope that helps.

)
References :
http://cheap-and-free-cross-stitch-patterns.myartsonline.com

By: tamara

tamara — Mon, 26 Jul 2010 04:57:59 +0000

you can sell the finished cross stitch project, you can’t sell the pattern as your own since it isn’t your creation,
References :
I use to work at Joann’s