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Copyright Question



 
 
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  #1  
Old January 18th 04, 08:34 PM
Rhea
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Default Copyright Question

I know that copyright stuff can get really touchy. I want you to know that I
am asking this out of total ignorance of copyright law. Here are my questions:

1-Can you sell a chart AFTER you use it?

2-Is it true that legally you can only stitch from a chart one time....after
that you must purchase a seperate chart if you want to stitch the piece again.


I'm only a stitcher. I'm not a designer or a store owner. These questions have
come in with a couple of my stitching friends. So, I thought if anybody knew
someone here would. Thanks for the help.

Rhea from KY
Rhea from KY, USA
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  #2  
Old January 18th 04, 08:56 PM
Brenda Lewis
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Default

Yes, you can sell a chart after you use it. If you do so, you must not
keep any photostatic or electronic copies of the chart. You may stitch
a chart as many times as you wish.

There are exceptions to both of these. If the fine print in the
copyright area of a specific chart says only one stitched product may be
made from that chart, then that is the rule for *that particular chart*.
Some charts also specify that if you intend to sell the finished
needlework, you must buy a new chart for each piece. If you intend to
sell multiple copies of a finished piece and the chart does not have
specific copyright instructions about such, it is best to contact the
designer or publisher first for clearance.

Rhea wrote:
I know that copyright stuff can get really touchy. I want you to know that I
am asking this out of total ignorance of copyright law. Here are my questions:

1-Can you sell a chart AFTER you use it?

2-Is it true that legally you can only stitch from a chart one time....after
that you must purchase a seperate chart if you want to stitch the piece again.


I'm only a stitcher. I'm not a designer or a store owner. These questions have
come in with a couple of my stitching friends. So, I thought if anybody knew
someone here would. Thanks for the help.


--
Brenda Lewis
WIP: "Pink Baby" photo frame, Candamar

  #3  
Old January 18th 04, 10:08 PM
renae
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Default

Hi Brenda,

Just a quick question - Does this mean that you are allowed to sell your
cross-stitch?

I ask this because I have been thinking about doing that at a local market
in my area. I was just unsure about the copyright issues.

I have thought about selling baby blankets, names for doors etc.

Take Care
Renae
"Brenda Lewis" wrote in message
...
Yes, you can sell a chart after you use it. If you do so, you must not
keep any photostatic or electronic copies of the chart. You may stitch
a chart as many times as you wish.

There are exceptions to both of these. If the fine print in the
copyright area of a specific chart says only one stitched product may be
made from that chart, then that is the rule for *that particular chart*.
Some charts also specify that if you intend to sell the finished
needlework, you must buy a new chart for each piece. If you intend to
sell multiple copies of a finished piece and the chart does not have
specific copyright instructions about such, it is best to contact the
designer or publisher first for clearance.

Rhea wrote:
I know that copyright stuff can get really touchy. I want you to know

that I
am asking this out of total ignorance of copyright law. Here are my

questions:

1-Can you sell a chart AFTER you use it?

2-Is it true that legally you can only stitch from a chart one

time....after
that you must purchase a seperate chart if you want to stitch the piece

again.


I'm only a stitcher. I'm not a designer or a store owner. These

questions have
come in with a couple of my stitching friends. So, I thought if anybody

knew
someone here would. Thanks for the help.


--
Brenda Lewis
WIP: "Pink Baby" photo frame, Candamar



  #4  
Old January 18th 04, 10:20 PM
Karen C - California
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Default

In article ,
ojunk (Rhea ) writes:

1-Can you sell a chart AFTER you use it?


Yes. You can sell used books, ergo, until the law specifically addresses
charts, you can sell used charts. (However, see below.)

You own the original chart and may dispose of it in the same way you do your
couch, car, house, etc. What you cannot do is COPY the chart. Copyright =
right to copy. In most cases, you may make a working copy, but that working
copy must be in the possession of the same person who has the *original* chart;
when you sell the original, the working copy either goes with it or gets
destroyed.

2-Is it true that legally you can only stitch from a chart one time....after
that you must purchase a seperate chart if you want to stitch the piece
again.


That depends. Disney has put in writing, on the chart, "thou shalt only stitch
once". MLI has stated specifically that if you are *selling* the pieces, you
must buy one chart for each piece sold. The British "New Stitches" magazine
family states specifically that you can make as many as you like for sale
*providing* they are sold to benefit charity.

Since Disney's specifically forbidden stitching it twice, I wouldn't risk
having to deal with The Mouse's lawyers by selling the chart openly (i.e.,
eBay). If you happen to accidentally pack it up with the leftover cookies next
time Aunt Mary comes to visit ... well, they'll have a harder time tracking
down that transaction.



--
Finished 12/14/03 -- Mermaid (Dimensions)
WIP: Angel of Autumn, Calif Sampler, Holiday Snowglobe, Guide the Hands (2d
one)

Paralegal - Writer - Editor - Researcher
http://hometown.aol.com/kmc528/KMC.html
  #6  
Old January 19th 04, 04:53 AM
Brenda Lewis
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Default

You sure can although don't expect to make a great deal of money from
it. Just check the fine print on any charts you use. You might design
your own alphabet and set of numbers (by scanning your handwriting for
example) which you could use as often as you please. Perhaps stitched
items are more popular on your side of the world and you will have
success. Good luck!

renae wrote:
Hi Brenda,

Just a quick question - Does this mean that you are allowed to sell your
cross-stitch?

I ask this because I have been thinking about doing that at a local market
in my area. I was just unsure about the copyright issues.

I have thought about selling baby blankets, names for doors etc.


--
Brenda Lewis
WIP: "Pink Baby" photo frame, Candamar

  #7  
Old January 19th 04, 12:32 PM
Gary V. Deutschmann, Sr.
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Default

Hi Rhea

I doubt if my answer will be any different from those already posted
(which I did read) and agree with. But I always have another twist to
add to the equation, hi hi.....

I know that copyright stuff can get really touchy. I want you to know that I
am asking this out of total ignorance of copyright law. Here are my questions:

1-Can you sell a chart AFTER you use it?

Absolutely! You may depose of anything you buy in any (legal) way you
wish to depose of it. In the case of recorded or printed matter, you
may not buy, make a copy for yourself, then resell the original, as
the copy you keep would then be an illegal copy.


2-Is it true that legally you can only stitch from a chart one time....after
that you must purchase a seperate chart if you want to stitch the piece again.

FALSE: Regardless of what is printed as the 'copyright notice'! But
it depends upon what you are doing with the second, third, fourth,
etc. piece that you stitch.
Here is the clincher! If you stitch from a copyrighted chart with
intent to sell the finished piece, the ORIGINAL chart MUST accompany
the sold works. Such as the title to the car is sold along with the
car as proof of legal ownership to the new owner.
The second, third, etc. stitched copies become illegal possessions at
this point and should be deposed. Normally, you may keep one stitched
piece for yourself, even if you sell the chart later.
There are SOME things that you cannot keep if you sell the mapped
Original, whether it be a blueprint, recording or chart. Such as
software loaded on your computer.

Also be warned that some 'trademarked' items, such as Disney
Characters fall outside of the copyright laws. Even if you buy one
chart for each item stitched and sold, selling such an item is STILL
ILLEGAL. A stitching chart for example, would be sold for home use
only, not for resale (meaning the stitched item). Resale does NOT
violate the copyright laws, but it DOES violate the companies right to
their 'Trademark'. If you stitch a Donald Duck from a legal chart for
home use, great. But if you try to sell the stitched works, you are
NOT selling your workmanship or the chart, you are selling a
trademarked character named Donald Duck and you could get in deep
manure doing so.

TTUL
Gary

  #9  
Old January 20th 04, 01:35 AM
Jenn Liace
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Default

On Mon, 19 Jan 2004 22:44:00 GMT, Darla
wrote:

Are you trying to sell a chart, or remove a monarch from his/her
throne? Dispose or depose?


In the case of Disney, I think he's got it right ducking n running


Jenn L.
http://community.webshots.com/user/jaliace
http://sewu9corn.blogspot.com
Current projects:
Simply Sensational January Calendar (Mill Hill)
Lady of the Flag (Mirabilia)
  #10  
Old January 20th 04, 01:54 PM
Gary V. Deutschmann, Sr.
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Default

Hi Darla

Guess I've written to many legal documents over the years!

But you did get me, hi hi.....
The second usage in the sentence should have been 'dispose' not
'depose'.

Depose (in law) also means to lay aside (normally without destruction)
eg. to sell or deed over to another party. To signify that the
property in question was not damaged or destroyed (Disposed Of), but
rather sold, exchanged or given to another (intact).
Most commonly (in law) it means to testify under oath.

TTUL
Gary


 




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