Tabberone is pronounced tab ber won |
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This article by Laura Marsh is flawed. that is the nicest thing we can say about this article. We take issue with six major flaws. Also, what laura marsh does not say in the article, and what is not apparent at the web site, is that both are located in the UK and nowhere does she state that her statements apply ONLY to copyright law in Great Britain. That omission makes this article deceptive and very misleading. |
"...what you are allowed to with your sewing pattern will vary depending on the pattern itself and the company that made it." |
No, there is nothing in the law that gives the company the right to control the use of the pattern once it has been released into the stream of commerce. |
"You as the consumer are allowed to purchase a sewing pattern and create the item for your own use (personal), you are not allowed to sell the item for a profit." |
According to what law? No where is that written. Nor is there any federal court cases that went to trial where that was stated. This is a major myth. |
If you wish to become a dress maker, for every dress you make to order (e.g. a client wants a ball gown), you have to purchase a new pattern, you are not allowed to re-use patterns, each pattern classes as a license to make that dress. |
Again, according to what law? No where is that written. Nor is there any federal court cases that went to trial where that was stated. This is a sorry, sorry myth. |
However, if you want to go into manufacturing, e.g. you want to make 10 identical dresses in different colors to sent to a consignment store, you will need to seek special permission from the pattern company or you will be breaching their copyright. |
This is a diversion. Anyone who seriously wants to go into manufacturing gets professional patterns done that will withstand the abuse. Who makes ten identical dresses in different for consignment? What size do you choose? Etc. |
There is also some confusion as to whether the copyright applies to the pattern or to the garment that is made, as many people believe that each garment that is made will be different, so the copyright won't apply. The copyright applies to both the pattern and the garment, as it is Intellectual Property, someone took the time to create that pattern, based on an idea to create a garment (or other item), which means the copyright applies to everything. |
No. The Supreme Court in 1879 made that clear that a copyright in a dress pattern does not extend to the finished piece. |
If you are in doubt about copyright, it's best to ask the manufacturer or designer, they should be able to tell you what you are or are not allowed to do with the pattern. |
That is how these lies get perpetuated. By people believing that they must get permission to use the product that they bought. |
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