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   Making & SellingCrafts from Book Instructions
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   Author  Topic: Making & SellingCrafts from Book Instructions  (Read 1400 times)
Xe Davis
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Making & SellingCrafts from Book Instructions
« on: Apr 20th, 2004, 10:14am »
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I'm hoping someone here can help with this question.
 
If an artisan finds a book of instruction on a specific type of craft and begins making and selling crafts based on the methods and initial patterns offered in the book (not individual patterns for sale such as sewing patterns), is the artisan then in violation of copyright law as it applies to written material in books?  
 
Would crediting the author of the book help in this regard?
 
Should the author of the book be consulted prior to an artisan starting to sell such items?
 
If the copyright information contained in the book does not prohibit the making and selling of items, does that provide a green light for such endeavors?
 
Thanks for whatever guidance you can provide.
 
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M. Arthur Auslander
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Re: Making & SellingCrafts from Book Instructi
« Reply #1 on: Apr 21st, 2004, 5:43am »
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Copyrights protect against copying the mode of expression. If you use a book to help you create, what you create, is cover by the copyright law, gives you a copyright and does not infringe the book unless you are physically duplicating from the book.
 
You can register copyright on legal blasphemy, even if the work is illegal or legally actionable.
 
If you understood the law you could protect what you do with trademarks and copyrights.
« Last Edit: Apr 21st, 2004, 6:48am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
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Re: Making & SellingCrafts from Book Instructi
« Reply #2 on: Apr 21st, 2004, 10:33am »
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The author has since specified that it is the method of construction and patterns that are copywritten, and that permission and a royalty are required of artisans that use the method and patterns to create new pieces, duplications or not.
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tabberone
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Re: Making & SellingCrafts from Book Instructi
« Reply #3 on: Apr 23rd, 2004, 4:45am »
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And what federal or state statute is she using to claim this?
 
There are a lot of discussion about people using patterns to make items for resale.
 
Some people say that patterns can only be used for personal use.  I'm not one of them.
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M. Arthur Auslander
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Re: Making & SellingCrafts from Book Instructi
« Reply #4 on: Apr 23rd, 2004, 5:20am »
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Duplicating a copyrighted pattern is one thing. Using the pattern to make multiple garments does not seem like a problem.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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