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   Pattern Copyrights Question - URGENT!
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   Author  Topic: Pattern Copyrights Question - URGENT!  (Read 689 times)
Kristina Hansen
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Pattern Copyrights Question - URGENT!
« on: Jun 21st, 2007, 5:47pm »
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I recently purchased a pattern of a lady on E-bay. She is in the USA, I am in Quebec Canada.
 
I used the pattern but found it really hard to follow!
 
I ended up making my own based on some similar principles in hers, but nothing was copied. I guess you could say her pattern was a spring-board for mine.
 
I wrote my own 17 step booklet and drew my own diagrams. I really worked hard on it!
 
Anyhow, I decided to start selling it on E-bay. The thing is I am selling it for less than her, and I guess maybe that ticked her off too.
 
So now she has threatened me with calling her lawyer and contacting E-bay for infringement of copyright.
 
I wrote her back explaining it was not her pattern I was selling, and even e-mailed her a copy to prove it. She was still pissed and said I was in violation because it was her pattern?!  
 
What I want to know is, what could happen? I made sure NOT to copy any of her stuff, infact the whole pattern is different. Also she is in the USA and I am in Canada, so I don't know what will happen there.
 
Any help would be so useful! Thanks Smiley
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Fred
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Re: Pattern Copyrights Question - URGENT!
« Reply #1 on: Jun 22nd, 2007, 8:51am »
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From your message it appears that you say you copyied the design of the finished product (at most) but not the explanation of how to make it.
 
In the US you cannot copyright a design for a useful item, only decorations on the useful items.  (The actual drawing of the design would be copyrightable of course.)  This includes clothing designs.  You can, however, copyright designs for things that are not useful, such as stuffed toys, or useful objects in fanciful shapes, such as potholders in the shape of pineapples.   And even with a clothing design, certain aspects of the design (position of trimming, fanciful shape of a collar) may be protected by copyright.  But this is of no use if the laws are different in Canada and the treatment of a pattern for an object may be different.
 
If this lady is threatening a lawsuit, you may want to consult an attorney as there are a lot of details that you should not post here that will affect your situation.
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Kristina Hansen
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Re: Pattern Copyrights Question - URGENT!
« Reply #2 on: Jun 22nd, 2007, 12:14pm »
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So if there is a pattern for say, a dress, you cannot make one similar? I don't understand that logic because there are multiple patterns for different items like skirts, dresses etc...  
 
Maybe you could clarify it a bit 'cause I am really not 100% sur I understand what you said previously Smiley
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