Copyrights and Pattern Usage

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From: [EMAIL PROTECTED] (Consumer Service) Date: Tue,
May 1, 2001, 11:06am (EST+1) To: [EMAIL PROTECTED] Subject: Re:
Copyright/pattern uses
on 4/30/01 12:04 PM, [EMAIL PROTECTED] wrote:
Hello
I participate in several online sewing discussion sites, and, quite
frequently, the subject of pattern uses and copyright laws comes up.
There is much supposition, half educated, and un-educated answers thrown
out into what is an international forum for sewing folk. Specifically, a
post will ask if it is "all right" for the poster to use a commercial
pattern for small-scale production--probably for items to sell at craft
shows. However, one never knows how small a scale the sales are.
I am requesting an answer to this, and I would like your permission to
post this 'Statement of Use for Commercial Patterns' on the Usenet
sewing/quilting sites, and I would like to re-run it on a regular basis.
Does the purchase of a pattern entitle the purchaser to make unlimited
quantities of items, as long as the items made are for personal,
non-profit use? ( Items made for gifts are in this category?) Where do
these re-use rights end?
Clients purchase patterns, and hire me to construct a bridal gown for
them, and I am paid for this. Technically, I have used the pattern to
make money, so it might be argued that making an item for re-sale is no
different.
Who do the rights to the pattern design reside with: purchaser,
designer, or the pattern company? ( I note the: 'All rights reserved'
statement on the envelope, and am well aware of it's meaning, but some
folks are not.)
Any other relevant information which you share will be posted, also.
Thank you for your time.
Cea Robbins
[EMAIL PROTECTED]
----
Thank you for your e-mail. ALL McCall's patterns, regardless of when
they were produced, are protected under copyright. It is illegal to sell
photocopies of our patterns and to use our patterns to make items for
subsequent resale. If you sell photocopies or make and sell items from a
licensed pattern you would not only be violating McCall's copyright ,
but would also be in violation of the licensed designer's copyright.
A seamstress or dressmaker may use a McCall pattern to make a dress for
a client and charge fees, however it has to be made for a specific
client and a new McCall's pattern must be used each time. A person CAN
NOT use a McCall's pattern to produce garments or items intended for
subsequent resale. For example, if a woman wanted to start her own
business of making Prom Gowns, she could make them for individuals that
approached her, using a brand new pattern each time. However she COULD
NOT make several dresses ahead of time and then take them to a boutique,
or anywhere, to sell.
All of McCall's patterns are intended for "Home Use Only", which means
they can be used to make something for yourself or as a gift for someone
else.
Permission to use copyrights for home businesses is never granted and
can not be obtained.
Regarding the rights to a design, they belong to either the pattern
company or the designer but not with the purchaser. We sometimes use
outside designers that we have licensing agreements with. The designs of
the licensed patterns belong to the designers.
Copyright laws are complicated and have changed quite a few times over
the years.
While a pattern may appear to be no more than a few sheets of tissue
paper and newsprint in an envelope, it actually contains the creativity
and expertise of more than 100 people including designers,
patternmakers, diagram artists, technical writers, and others-all of
whom work hard to bring McCall's customers more than 300 new designs
every year.
We hope this information is helpful.
Meg Carter
McCall's Consumer Service