pattern pieces

[crazzeesewing]

i guess i'm looking for advice too----my grand-daughters recently acquired dolls that i had wanted to make outfits for but after weeks of research--could not find any for the dolls so i made my own patterns to make outfits for the dolls. to protect my creative ideas and prevent someone from re-selling my pieces as thier own --should i get a patent/copyright
for them?? also what would be a good way to sell the pattern pieces??? i'm new to this but this is eventually what i would like to do . (sew and sell.) my daughter would love for us to go into busines as bakery/coffebar/craft store. any info would be helpful.

[SmilieFace]

I have nothing of value to add here, but I sometimes daydream of opening a bakery/coffeebar/craft shop too!

Do you want to make the pattern pieces? Or the clothes themselves?

[crazzeesewing]

i have already made a set of pattern pieces for the dolls (groovy girl) --total
of 19 pieces that are interchangeable.. right now tthe patttern pieces but i am thinking of aslo making outfits and selling those as well.

[Here_Fishey]

i guess i'm looking for advice too----my grand-daughters recently acquired dolls that i had wanted to make outfits for but after weeks of research--could not find any for the dolls so i made my own patterns to make outfits for the dolls. to protect my creative ideas and prevent someone from re-selling my pieces as thier own --should i get a patent/copyright
for them?? also what would be a good way to sell the pattern pieces??? i'm new to this but this is eventually what i would like to do . (sew and sell.) my daughter would love for us to go into busines as bakery/coffebar/craft store. any info would be helpful.

I'll start out by correcting an idea here. You cannot patent a doll clothing pattern, or the outfits made from them. A patent is for an invention or device. Trademarks are for names and phrases. Copyrights are for intellectual properties that are recorded in some form, i.e. a book, a record, a tape, a song, a picture, a drawing, etc. In the U.S. something that CAN be copyritten, does not HAVE to be recorded with the copyright office, BUT in order to sue someone for statutory copyright infringement, the copyright MUST be recorded with the copyright office and two copies have to be deposited with the Library of Congress. That said, even if you don't record the copyright, you can still someone who infringes your work for any profits that they made from your ideas you just won't be able to get the statutory benefits.

I suggest that you read this website: http://www.tabberone.com/Trademarks/Cop ... erns.shtml
ALL of the links, they are very informative.

Your pattern pieces will probably not be copyrightable, but the sewing instructions, drawings and pictures are, and despite what the pattern companies are trying to say, you cannot control the "end use" of the patterns. In other words, you can say that your pattern is for personal use only, but you cannot enforce the issue if someone buys your pattern and then sells the doll clothes.

This does not apply for any other country. Australia has a "Design law" and I think the UK has something similar.

[momquilts]

Wow Ruby, you are very knowledgeable on this issue...or is it on all issues? Very intelligent lady!

So does that mean that I can purchase a big three pattern and then sell what I've made from the pattern without fear of copyright infringment? I don't do craft fairs or anything public like that, just to people at work and on a small scale.

[crazzeesewing]

i thank everyone for their input and advice, the llink you sent me had an e-mail so i am going to write (in more detail ) and see what advice they have. my idea now is to make stuff and sell items at a local flea market so doll outfits i'm not concerned about but if i were to sell the pattern pieces that's where the concern is. but if it comes to the the pattern pieces i created cannot be protected i'm still gonna try to sell them to others that have the doll or similar dolls.. again--thank you.

[Here_Fishey]

I just have been looking at copyright issues lately, and I am not an expert, so YMMV. From what I have been reading, this is covered by the Doctrine of Exhaustion. In other words, the copyright holder can control the copying and sale of the pattern, but not any use of the pattern. You can buy the pattern, and then sell the same pattern to someone else. You cannot make a copy of the pattern and sell it to someone else. The item that you make using the pattern is not covered by the copyright, so you can also sell the item. That said, in the U.S. anyone can sue for anything, reasonable or not, and some even win (remember the McDonald's coffee lawsuit?). Personally, I would check with my own lawyer first, just in case.

I was researching copyright laws because a video made by my SO has appeared on youtube. I burned the cd of this for the person who uploaded it so that they could file a claim with their insurance company, and that was the only reason and the only use they were given for the video. We have since decided that it is not worth our time or effort to persue this, though it would have been nice if they had asked us first. That and we figured that they might have paid enough already, as the insurance company denied the claim...
Video link: http://www.youtube.com/watch?v=WDk2Qx2dkhA