Selling Patterns

[tnitnetny]

I must have been featured on a site somewhere today that talked about my quilts. I have gotten 5 requests for patterns today. I have to politely decline every single one of them. Technically when we make patterns and sell the patterns off of other works (such as video games) we could get into trouble and sued. If someone is selling the patterns on Etsy or another site and that is all they do, then if they get a cease and desist it doesn't hurt them too much. For me, I make the quilts, do conventions, and other things as well. If I get a cease and desist it could destroy my entitre business.

We can sell the actual finished products without a problem because they are considered art. But the patterns are considered copyright infringement.

So do you sell patterns, does this both you? How do I handle these? I explain this to them and offer to make a quilt, but that doesn't help because they are quilters themselves. Should I try to make patterns for my stuff and sell them only when people inquire and don't put my name aywhere on it? This doesn't seem efficient because my patterns are a bunch of chicken scratch. I don't think it would be worth the 2-4 hours to transcribe to a proper pattern someone else could read for a sale of $10.

I just feel bad when this happens. Especially in a mass exodus.

[katdun]

What if you made up a tutorial with the method you use to turn a sprite into a quilt? You could use a sample image of something unlicensed for the tutorial, and your customer could use it as a guideline to make their own. That way you wouldn't be selling a pattern for something licensed but rather just directions/advice on how to make one. Then your customer would have to put work into making their own patterns, and if they sold it afterwards... That would be on them, not you, I would think. I don't know much about quilting, if a general tutorial idea is do-able or not, but it might be worth considering?

[tnitnetny]

Unfortunately quilting is a lot different than doing patterns for stitching or other things. There is no way I could type up a tutorial on how to create their own patterns of turning a sprite into a quilt. Even if they had the grid, quilters need to know exactly how big to cut the fabric, which pieces should be sewn in what order, etc.

Most quilters can not understand what Marquise-Crafts and I do. They want a step by step guide on a specific pattern. This is what people are asking me for. If they are able to quilt from the grid (like we cross stitch), then they could just look at my quilt and figure out how it is made.

[blackmageheart]

If there's no way you can give the patterns you work from then people need to understand that. All you can really do is decline politely with a slightly technical explanation as to why you can't do it (what you said about how you quilt, the cutting of the fabric, the grid thing, etc.)
If they are quilters, you could point them in the direction of something like Spriters Resource for sprites and wish them good luck. If they aren't quilters, perhaps you could recommend they take a class or read some literature or something.

Not sure that's any help!

[Eliste]

Well.... The patterns exist in a firmly grey area, one you are probably right to simply avoid, but to say they're copyright infringement themselves may be a bit too far. (sorry-studying IP law ATM and its really not as simple as saying the whole pattern would be, but you're probably right to stay out of it. Is gotten crazy out there!)

Regardless, you don't have to say anything. Reply simply to those that enquiry that you do not do patterns and leave it at that. You don't owe anyone either an explanation or a pattern, so don't let yourself get guilted into thinking otherwise.

If you're not happy with just say no as a policy, then write up a standard response along the lines of
" Due to the nature of my business model and the craziness that is copyright law, I am not able to provide patterns for my quilts. If and when the copyright system becomes less likely to disrupt my business, I might consider patterns, but that day is not today. I am of course always happy to make a specific quilt at request."

[kuja.girl]

Well.... The patterns exist in a firmly grey area, one you are probably right to simply avoid, but to say they're copyright infringement themselves may be a bit too far. (sorry-studying IP law ATM and its really not as simple as saying the whole pattern would be, but you're probably right to stay out of it. Is gotten crazy out there!)"

It really has. Eliste can correct me if I'm wrong, but in the US the only sure fire way to know if you are violating copyright is for a judge to tell you - and you don't want to get that far. It can be argued that pattern making in of itself is something of an art, it does take time and skill after all, but I know I don't want to be the one to try and make that case.

Also don't feel bad - you can also explain to them that since they are a source of income you don't want to share the patterns.

[tnitnetny]

Thanks guys! Eliste that is a perfect way to say it! I will copy that and use that from now on.

[Eliste]

It really has. Eliste can correct me if I'm wrong, but in the US the only sure fire way to know if you are violating copyright is for a judge to tell you - and you don't want to get that far. It can be argued that pattern making in of itself is something of an art, it does take time and skill after all, but I know I don't want to be the one to try and make that case.

Its also greyer because of a number of things-

A) Its not clear that quilt patterns would qualify for copyright protection,
B) Its not clear that it wouldn't come down under any of the myriad of exceptions
C) Its not clear that it couldn't be claimed as a collaboration where both sides end up with some of the copyright
D) Its not clear that copyright would extend to anything other than the writing of the pattern (as in, not the image on the quilt or the patterns of the design, but the physical writing that the author does)
E) Its not clear that it wouldn't fall under the same type of exemptions from copyright that fashion have- where basically once its out there, its free to copy

And those are only the immediate things I can think up right now after having a mini meltdown earlier. I'm sure if I was on top form I could think up plenty of others. Its basically just a mess.

One of the things that many people forget is that copyright doesn't generally include 3D forms. So transforming a sprite into a different form, such as a quilt, could take it out of copyright protection altogether.

PLEASE NOTE: This is not legal advice, this is just discussion on various points. You should at all times walk carefully anywhere near a potentially copyrighted work in order not to get sued in these days.

[kuja.girl]

Its basically just a mess.

It really is and don't even get me started on patents! If anyone is really interested in selling patterns my advice is find yourself a good lawyer who knows the topic well and then let me know what you find out ;)

On a related note, the US Copyright office has a decent FAQ section that makes for amusing reading.

[LucyInTheSky]

I had wondered about this too. I sell a few of my patterns but they are not video game images, just stuff I created. I had thought about contacting Nintendo for permission to do quilt patterns with their sprites. I don't know if they'd say yes (realistically, probably not) but at least you've asked.... On a quilting forum, there was a discussion about how if I use, say, Mickey Mouse fabric in a quilt, and then sell the quilt, I can be sued by Disney. Even if the quilt pattern has nothing to do with Mickey, I used fabric they licensed for sale, etc etc, just by using that fabric in a for sale quilt, I can be sued. Which I think is crazy bizarre.

Though in my non-studied in law opinion, it seems like if it's something you drew yourself (for example, on my Metroid quilt, I zoomed in on a picture of the box and sat with graph paper for hours, I think that shouldn't violate copyright, since I drew it myself