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Tuesday, May 25, 2010

Copyright

Copyrights.

That is a really weighty subject.

We all know that copyright infringement is bad.  We all know it is something we don't want to be involved in.

Where it comes difficult is in that dreaded grey area!

When I purchase a pattern, I purposely look for something that has a generous copyright.  Meaning, if I happen to like it, I have the option of making it for sale.  I don't always purchase the pattern with the purpose of re-creating and selling, but it is a legal option.

It is a really great pattern, with lots of options, like The Simply Sweet by Carla C, the possibilities are endless.  You start out making the dress or top as the instructions show, but eventually, you find a way to make it your own, changing something here, changing something there.  You can easily come up with a dress that the designer never envisioned.  At the same time it is still recognizable as The Simply Sweet.

Carla C encourages your creativity.  She even posts things on her blog to help change the dress even more.  This is such a help for those of us who have an idea but have a lot of trouble getting that idea to transfer to the fabric.

I see outfits all over the place and think to myself, that is a modified Simply Sweet...I have learned to look at clothes differently.  I look at a cute dress in a store, and see how I could come up with something similar.  Sometimes it is the use of color that is so intriguing about the dress; or maybe the use of fabric that is screaming to be seen;  and other times, it is just the overall look that gives you that a ha moment.

Now, let's take a look at the grey areas of this problem.  Say, you have a bag that you have made before without a pattern, or a favorite bag you have carried for years, and then see a pattern for it.  You purchase the bag and start to make it.  This particular bag has some questionable construction techniques.  Even before you finish the bag you have ripped out and changed things to make it suit you better.  This pattern does not see to have been thought out well, and probably by a new sewer.  It looks cute, but is totally unworkable in its original state.

However, this 'designer' has decided she doesn't want anyone to make these for sale.  In order to legally make one to sell, you have to 'substantially' change the pattern.  My first problem is what is the definition of 'substantially'?  I think the extra three hours I spent reworking the pattern is 'substantial'...but it is still her bag pattern.

Or, how about the cute purse that came as a freebie from a pattern website.  It clearly states on its copyright page that you CANNOT make this for resale.  When you make it, it goes together really easy; but in an effort to make this pattern for beginner sewers, they do the construction a little different.  While it is not wrong, it is different. It also has no interior or exterior pockets (some all my purses MUST have!)

On subsequent reincarnations of this purse I will be adding pockets and changing out the construction methods a bit...but it will still be a very obvious  cousin of that original purse!

I know that in these grey areas, some people will never think twice about claiming the new 'design' as their own.  After all, they have made changes to the original pattern. But is it really new?    Is it really 'mine'?

Designers spend untold hours, days, weeks, and sometimes even months working out their patterns.  It is their baby!  I'm sure they love seeing how others have taken that baby and made their own creations.  There has to be a certain amount of satisfaction seeing something that was once in their mind come to life!  I would never dream of stealing their creation.  I would never dream of claiming it as my own.

So, to all those who wanted me to make them a bag like my Minnie Mouse bag, or a cute purse like the one I made for Ms. Miranda, I am on the hunt for a suitable pattern.  Once I find one, I will definitely let you know I am ready to make the bag of your dreams....but in the meantime...how about a cute dress!  I already have a few really great patterns for that!


Nini

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