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Etsy Misinformation Mavens
Hall Of Shame Member

AprilMarieMai


Last Updated November 13, 2011

The comments here are not intended to be a negative reflection of the person or the products made and/or sold by the person but rather their terrible habit of posting misinformation.


"the owner of the intellectual property can certainly stipulate as a point of sale that you cannot resell it."

Point 1 - Once the pattern "creator" sells or gifts the pattern, the "rights" to that particular copy are vested in the new owner. See 17 U.S.C. § 109 "Limitations on exclusive rights" also known as the First Sale Doctrine.

Point 2 - In 1908, the Supreme Court in Bobbs-Merril vs Straus, 210 U.S. 339 (1908), stated: "In our view the copyright statutes, while protecting the owner of the copyright in his right to multiply and sell his production, do not create the right to impose, by notice, such as is disclosed in this case, a limitation at which the book shall be sold at retail by future purchasers, with whom there is no privity of contract."

Point 3 - absent a written agreement, Bobbs-Merril vs Straus says once you buy it, you can resell it and the original owner cannot stop you.

"most of those kinds of things [fabrics] are personal use only, which means just that."
"it is the right of the copyright holder to say that a fabric is for personal use only." [not according to the Supreme Court see above]

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