BDAZ Report post Posted May 25, 2020 (edited) Trying to understand the point of the current discussion? Edited May 25, 2020 by BDAZ Quote Share this post Link to post Share on other sites
Atalanta Report post Posted October 29, 2021 Very interesting topic. I see this come up in EVERY craft forum I encounter. What I understand from what I've read over the years (and put together from the cases that were called as examples): 1. Changing X% is NOT OK. The example for this was a case where beader B took beader A's pattern, changed the orientation of the beads, and claimed they could do that. The beader B lost soundly. 2. As has been stated, you can copyright the written directions and your rights are covered. You cannot re-sell their instructions as your own (or pull the "change x%" myth). Can you resell their patterns as their patterns? That's more of a grey area and while I'll gladly sell a Simplicity or Folkwear pattern that I don't need/use/want, I'm not going to sell a Dieselpunk.ro file. 3. Take an extant pattern, create something, and sell the something. Hell yes. I don't pretend to be a pattern drafter, there are other ways I'd rather spend my time. Most patterns I've used have not had any restrictions on the use of what I make from them. I paid plenty of book bills in college with my construction skills (shirts, leather armor, etc). 4. I thought the bit on the using a trademarked image was interesting. Not something I would touch. I was going to make tower coozies for kegerators but when I saw in rather prominent print on the sports fabric NOT TO BE USED FOR RESALE, I decided that wasn't an ulcer I wanted. Let other people do the "if you didn't want me to sell stuff with it" excuse. Quote Share this post Link to post Share on other sites
ejleather Report post Posted January 20 Ok what about if I wanted to make a holster from a 20 year old movie and no one Else makes this specific holster movie correct but me can I put a copyright onto it To stop people from geting my pictures and making it? Quote Share this post Link to post Share on other sites
Aventurine Report post Posted July 29 (edited) US law differs from elsewhere and is far more protective of designs as personal property, for a longer time after the death of the creator, than elsewhere. However the shape/form/construction of fashion items (basically,. anything you can wear on your body) is not protected. So anyone can mimic the style of a Prada bag or an Armani blazer. Or a gun holster. But no one can mimic the design printed on the bag or stamped on the buttons of the blazer or tooled on the holster, because designs and decorations and images applied to the surfaces of items are protected; they are owned by the original creator unless they sell those rights (or unless a lot of time has gone by...you can copy 19th century tooled leather bookbinding decoration all you want). In the US, the creator of an original image doesn't even have to explicitly apply for the copyright -- ownership is automatic. So the woman that designed the Welcome to Las Vegas sign -- unless she signed an agreement to the contrary with the city or whoever actually made the sign, she in fact still owns the design and could enforce her private use of it. That's the design itself. She can't stop anyone taking a photo of the *sign* and putting it on a tee shirt and selling the tee shirt, because the sign is an object in public life and a photo of the sign is the original art of the photographer. Registered trademarks such as stamps and signatures are, of course, specially protected from replication. If I closely copy Ralph Lauren's pattern of blanket stripes on a wool coat, it's copyright infringement, but if I put Ralph Lauren (TM) 's name on it, it's also fraud. Colors...that is a subject of increasing complexity. Some colors are limited, not in themselves, but in their use on objects that might be mistaken for objects marketed by different creator or manufacturer for whom that color is a strong consistent characteristic. So if, for example, I make a belt and color it the same yellow as a Caterpillar tractor, I'm safe. But if I make a tractor and paint it Caterpillar yellow, I'm in trouble. https://copyrightalliance.org/is-fashion-protected-by-copyright-law/ Then there is the infamous example of Anish Kapoor: https://news.artnet.com/art-world/anish-kapoor-vantablack-2391684 and the delightful response of this designer: https://www.culturehustleusa.com/products/pink-50g-powdered-paint-by-stuart-semple Edited July 29 by Aventurine adding link Quote Share this post Link to post Share on other sites
