Mary Konior Patterns

[9bdh1]

Does anyone know if Mary Konior gives permission to sell items made from her patterns? Also does anyone have contact information for her?

Thanks

[Kersti]

While most designers would be happy to know that you've chosen their pattern to sell the results of, you do not actually need their permission to do so.

If however, you wish to sell or provide copies of the pattern itself, that's a different kettle of fish and you must then get permission.

To be certain that you're not claiming the design as your own, mark it as "tatted by".

[Monica]

I tat for fundraisers and gifts.
Anytime I sell something or give it away, I put a tag on it that says "Designed by...., Tatted by Monica".
You'll have fun designing a special hang tag.
~M

[felicia]

uhm....how about free pattern from internet? can I sell the tatted item?

[Marty]

Yes, you can sell your tatted items. It is polite to let people know who designed the piece.
Once you purchase a pattern, it is rather like buying a Simplicity or Butterick sewing pattern -- you can make as many things as you want with it and do as you please with them, whether that is sell or give away or store in the basement. Where you run into trouble is if you sell a zillion of them and make your first million -- then you will likely owe the designer a share of the profits. Copyright and trademark law is very complicated; there are entire law firms devoted to just that single issue.
That said, you should be aware that if you use a purchased or free pattern of someone who is designing now and set up an Etsy shop in competition with the designer you are not going to win friends and influence people (more likely you will cause indignation, anger and disgust).
Of course, this is my opinion. Take it for what it's worth. :biggrin:

[JaneEb]

Sadly, although Mary is still living, she's not able to answer any questions. Such a very sad shame.
I agree totally with Marty.
I do give permission for people to use patterns for raising money (and awareness of tatting) for charity or even to help themselves out of a 'sticky situation' but I'd be well cross if I saw my patterns being used on Etsy or similar sites without asking first - mainly cause I do sell stuff there from time to time to help fund trips to Palmetto tat days and such like!!!!
Jane

http://www.e.n.e.btinternet.co.uk/ - Tatting Patterns

www.janeeborall.blogspot.com/ (http://www.janeeborall.blogspot.com/) - blog

[patrice]

I make many of my own patterns-and I would be happy as a clam if other tatters made the patterns.However-I agree with the majority of folks who don't want other people making money from their patterns-just the lace.Do what you will with the lace-but leave me the credit for the pattern. Patrice

[sackerland]

What if a pattern is very similar but just has a different chain/picot count? My supervisor deals with copyright law everyday (I work in a library) and according to everything she has read & seminars she has attended, as long as the piece differs in two places, even slightly, it would be legal to sell the item as one's own. For example, if tatter A has a copyrighted pattern uses R4 picot 4 picot 4 and Ch 6 picot 6 several times it is legal for someone else to make a similar pattern but use R5 picot 5 picot 5 and Ch 4 picot 4.

[BlueDode]

9bdh1 and everyone:

The written law of copyright is old; case law (outcomes of lawsuits) develops methods of handling this issue: it is an evolving field, with evolving principles. It is a grey area and involves some risk. It also takes specialists to review and evaluate.

Often people who post patterns online also post their views on what they say is fair use. I don't know how the designer's statements of fair use might correlate/correspond/interface with the law and case law here, but it gives you an idea what the pattern designer considers fair use at a given point in time. I believe copyright lasts 80+ years in the US on at least some items -- survivors may retain copyright after the designer has passed, as I recall, and may be able to renew them.

Different countries (and different states within) may have different laws, too.

Some pattern designers are litigious; some not; the late Charles Schultz was rather litigious in protecting his Peanuts characters, his primary source of income.

The lines remain a bit gray here: the law may say one thing and a pattern designer may have a different opinion: to straighten it out can be expensive, win or lose. I would caution against using a designer's patterns in a way that would not be allowed by the designer's stated permissions. I've seen patterns on the web that the designer has indicated they are to be tatted and given away and not sold -- can't recall which ones now.

You are doing the right thing by paying attention to this issue: I just doubt that black-and-white rules are available.

If in doublt, credit the designer, as suggested. As for venues for selling work in competition with a designer, beware.

Good luck! Life is not without risk, and neither is the great game of business...


D

[9bdh1]

The reason I asked is that many of the books/patterns I have are unclear i.e. they say NOTHING about selling items. On the other hand, some are very clear. For example in Yarnplayer's book she flat out states that items made from the pattern CAN be sold. In Nina Libin's Beanile leaflets she request that you contact her first but that she has never denied anyone. It would be nice if EVERYONE that publishes a pattern, in print or online, could make a statement regarding selling of items etc.

I haven't sold any of my tatting yet but had planned to include a Tatted by .... and Designed by.... tag of some sort when/if I do. I wouldn't feel right about taking credit for somebody elses designs as my few attempts at designing have been horrible. It takes much work to come up with something new.
Thanks everyone for the discussion.

[Linda S Davies]

Thanks for bringing this subject up. As a designer it had never occurred to me to put in my books that the resultant articles could be sold - I just assumed that is what tatters would want to do as well as giving their items away as gifts.

All I ever expect is that I receive credit for the design which, so far, I always seem to get! I'm tickled pink if someone is able to make any money from items tatted from my designs!

[Leeanne]

This has always been a tricky subject for me. I have now found the answer, thanks.

[BlueDode]

Everyone:

Here's info on a current copyright issue: if you can make any sense out of it as it applies to your situation, good luck!

Last night at a quilting class some students discussed working with Minky fabric making blankets with the visual / tactile stimulation ribbons on them for babies.

A local woman was making these AND giving them away AND got a letter with a "cease and desist" order.

The URL below says that Hancock Fabrics publishes a pattern for these and asks a good question: if you use their pattern (Hancock), can you get a "cease and desist" order from the original manufacturer as well?

http://ths.gardenweb.com/forums/load/sewing/msg1016373325204.html

This may not exactly apply to this case, but here's a real world example of the copyright and infringement game: answers aren't all that simple.

[BlueDode]

9bdh1:

Had another thought on contacting an author: try writing to the publisher: they may or may not be willing to pass on your inquiry.

Good luck!

[Karen in Krakow]

Using trademarked fabric is not exactly the same thing as making an item from a pattern, and I think that is the issue with the quilt. Trademarks and copyrights are very different animals.

I've done a lot of research on this (a lot :) ), and it warms my heart to see correct information being shared here (you wouldn't believe how many craft sites vehemently claim that selling an item you've made without permission is a copyright violation). If a designer doesn't want items made a pattern to sold, they can made that request, and it would be polite to honor it, but it is not a legally enforcible request/license unless the "purchaser" agrees to the conditions, and even then, if they broke the agreement, it would be a broken agreement/contract, not a copyright violation.

If a pattern is presented, shared, sold, given away for free or otherwise distributed without any kind of binding license (one in which the recipient agrees), then there is no such license, and the designer can not add one later.

Just adding all that to add to the very good information already here. I think real respect and courtesy between designers and users of patterns should be encouraged wherever possible, but not by muddying the copyright-law waters.

[Judith Connors]

The international copyright agreement protects a designer's/writer's work while they are alive, and for 50 years after their death. After that it may have been passed on to a beneficiary. So do your research well.

In any particular case, it is good etiquette to contact the designer/writer concerned (and his/her publisher) for permission to sell any work you have done from their pattern. It is their intellectual property. Some contemporary tatters may belong to copyright agencies via their publishers, and these agencies protect the rights of their clients. Patterns are published for personal use and for gifts. Should you enter a designer's work in competition, you must state 'designed by ...., worked by..... . It is good to be informed in case of trouble in the future.

Having said all this, I'm sure you'll find most designers very agreeable.
Judith.