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Posted by msoranno on October 19, 2006, 11:47 am
I have a pattern that I drafted years ago and use it to make baby gifts.
Everyone seems to love it and often ask me to make it as a gift for someone
else.
I am thinking about printing and selling the pattern but not sure how to do
this. Has anyone here ever done this and if so how do I protect or copywrite
my design?
Any help is greatly appreciated!
Thanks sew much!
Mary
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Posted by on October 19, 2006, 12:19 pm
Dear Msorano,
I have patterns and books that are copyrighted. Some were printed in
Doll Reader and Doll World Magazine, and the publishers acquired the
copyrights in my name. Books were through Dover Publications, and
again the publisher copyrighted the books in my name. I also sold
patterns through the mail, and copyrighted the patterns myself.
If you have given away this pattern without having any type of
copyright on it, you cannot copyright it now, unless you change it in
some way--add a picture, change wording, etc. You must then write
Copyright (c) and the year, with your name. Then register the work
through the U. S. Copyright office. Nowadays, you might be able to do
that, or at least get the paperwork online. By writing Copyright on
the work, you have declared that it is your own original design, and
you can then safely distribute it before you get confirmation from the
copyright office.
Teri
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Posted by jacqui on October 19, 2006, 1:31 pm
show/hide quoted text
> If you have given away this pattern without having
> any type of copyright on it, you cannot copyright
> it now, unless you change it in some way--add
> a picture, change wording, etc. You must then
> write Copyright (c) and the year, with your name.
> Then register the work through the U. S. Copyright
> office. Nowadays, you might be able to do that,
> or at least get the paperwork online. By writing
> Copyright on the work, you have declared that it
> is your own original design, and you can then safely
> distribute it before you get confirmation from the
> copyright office.
Respectfully, I don't think this is quite correct. It is not necessary to
register; copyright exists from the moment the work is created. However,
defending copyright *may* be easier if the item in question has been
registered.
http://www.templetons.com/brad/copymyths.html
http://library.findlaw.com/1999/Jan/1/241476.html
The OP would do well to consult a lawyer wrt the specifics of her pattern.
-j
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Posted by Pogonip on October 19, 2006, 3:56 pm
jacqui wrote:
show/hide quoted text
>
>
>>If you have given away this pattern without having
>>any type of copyright on it, you cannot copyright
>>it now, unless you change it in some way--add
>>a picture, change wording, etc. You must then
>>write Copyright (c) and the year, with your name.
>>Then register the work through the U. S. Copyright
>>office. Nowadays, you might be able to do that,
>>or at least get the paperwork online. By writing
>>Copyright on the work, you have declared that it
>>is your own original design, and you can then safely
>>distribute it before you get confirmation from the
>>copyright office.
>
>
> Respectfully, I don't think this is quite correct. It is not necessary to
> register; copyright exists from the moment the work is created. However,
> defending copyright *may* be easier if the item in question has been
> registered.
>
> http://www.templetons.com/brad/copymyths.html
> http://library.findlaw.com/1999/Jan/1/241476.html
>
> The OP would do well to consult a lawyer wrt the specifics of her pattern.
> -j
>
>
A copyright can be registered without a lawyer, and since the cost of
legal advice could easily outstrip any income from the pattern, it is
worth considering a "do it yourself." Copyright law is on the web.
http://www.copyright.gov/ Get advice from the horse's mouth. ;-)
--
Joanne
stitches @ singerlady.reno.nv.us.earth.milky-way.com
http://members.tripod.com/~bernardschopen/
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Posted by on October 19, 2006, 4:46 pm
Dear Joanne,
It has been years since I tried to copyright anything, but I have to
admit that work gets plagiarized anyway. There was a magazine, now out
of print, that stole my work to launch its first edition. When I
complained to Dover about it, I was told that litigation wasn't worth
the trouble. So the magazine got away with it. But it is important
that any work that is distributed must have a copyright mark on it,
registered or not, or anyone can claim it.
Teri
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> any type of copyright on it, you cannot copyright
> it now, unless you change it in some way--add
> a picture, change wording, etc. You must then
> write Copyright (c) and the year, with your name.
> Then register the work through the U. S. Copyright
> office. Nowadays, you might be able to do that,
> or at least get the paperwork online. By writing
> Copyright on the work, you have declared that it
> is your own original design, and you can then safely
> distribute it before you get confirmation from the
> copyright office.