[MrDantastic]

I am curious as to know if patterns that are published in the magazine are copyright protected? If I like one of the patterns, and want to sell that piece at a craft show, am I allowed to do so, or would that be violating copyright laws? What if the idea is slightly changed, like the positioning of limbs, but the face and body are still the same? Thanks in advance. Please don't flame me, I just don't want to step on any toes.

[BobD]

No flaming here! That's a valid question!

Here's how we handle it.

When we publish a pattern in the magazine, we fully expect you to use it to make a project. That's the purpose of the magazine.

Selling items you make based on the patterns in the book is a bit of a grey area. What irritates most people is when you carve something designed by someone else and try to pass it off as your own design.

Personally, I'm always very upfront when I carve someone else's design; to the point that I have little tags that saw "designed by xx, carved by Bob Duncan"

Now...if you took the pattern from the magazine, created a roughout, and started selling roughouts, that would be an issue...as well as taking a pattern, and sending it overseas to be mass produced.

If you ever have any questions about something like this, please feel free to contact the original artist. If you can't find their direct contact information, you can usually contact the magazine or book publisher, who can put you in touch with the artist.

Bob

[mdallensr]

You're OK with selling a carving made from the pattern. You're usually not allowed to copy, give away or sell the pattern. If I made and offered for sale a carving made from someone else's pattern, I'd make that information public so the buyer would know it's not my original design. That's just my philosophy; there are many other ways of approaching copyright issues and lots of different opinions. We've had some really informative threads on this board about this subject; this thread is really useful: Question about Copyright Infringements
Mike

[Tom H]

Lets have some fun with this one! Isn't a pattern to a woodcarver the same as a mold to a ceramic maker? If one sells a mold isn't it implied that the mold will be used to make multiple products? And doesn't multiple products mean sales? Just having fun here....

Tom H

[BobD]

Excellent point, Tom.

I think it really comes down to common sense. 90% of the people who write for us do it to share their knowledge with others, not for money or fame. Put yourself in that position...where you're sharing your ideas and designs with others...

How would you feel if you set up at a show to share your wares, and found out the guy next to you was selling the same thing? Only he has them created in resin overseas?

You'd be hard pressed to get any court to side with you, but...in my opinion, it just isn't fair...

Now...if you made copies of the pattern and sold them...that's a copyright violation!

Bob

[Tom H]

You are right Bob! But lets take your scenario one step further. I design a carving, make a pattern, make multiple copies, go to a show with the intent to sell them. Person next to me arrives with a whole bunch of identical carvings. Now here's the change! He put a copyright on his, but I on the other hand had not. I am told to cease and desist! Things get interesting don't they. Oh! common sense and the law have little in common...LOL

Tom H

[mdallensr]

Tom, I think there is a difference. The expected use of a ceramic mold is to make multiple copies of the part. The mold is usually a lot more expensive than even one part, so there wouldn't be a good reason to buy a mold to make one part. Carving patterns are 99% inspiration and the rest production costs, and they're cheap enough to buy one to make one, unique carving, even if it looks a lot like someone else's.

I have several Stiller patterns that cost $3 or less that I used once. The pattern doesn't produce the carving, as a ceramic mold would produce a finished part. The carving pattern is a guide to help carve the part, but doesn't guarantee the carving will look anything like the pattern. However, of the patterns I've seen for sale, few limit the number of carvings that can be made from the pattern or even comment on what the pattern will be used for, other than limiting reproduction of the pattern. Mike

[Tom H]

Mike, You sure are correct! We gots some gray matter a workin here now.

Tom H

[brian bailey]

Originally Posted by Tom H

You are right Bob! But lets take your scenario one step further. I design a carving, make a pattern, make multiple copies, go to a show with the intent to sell them. Person next to me arrives with a whole bunch of identical carvings. Now here's the change! He put a copyright on his, but I on the other hand had not. I am told to cease and desist! Things get interesting don't they. Oh! common sense and the law have little in common...LOL

Tom H

If you can show that you brought your idea to fruitation before his, then his copyright and cease & desist order would have no merit.

That's why it's important to document your work if things like this are important to you.

[Jim Arnold]

Brian's right about that, their C&D order would not only have no standing, but you could turn it around and go after them and the horse they rode in on! Susan Irish gave some very clear and useful guidelines on this subject in a recent thread with info. provided by attorneys. Copying for personal use doesn't bother me. Copying and selling....whether I'm given credit for the original idea or not would make me go after them. Again, in that recent thread, Susan pointed out a couple ways in which to go about doing that.