Comments on: Question about Purchased Patterns

By: Danielle Blumenberg

Danielle Blumenberg — Thu, 13 Apr 2017 00:44:35 +0000

YouTube is a type of publishing platform, so from a legal standpoint, any original design or technique published (in any form, hardcopy or web) has copyright protection, regardless whether they specifically state the rights of usage. Again, if you read the above comments, a good rule of thumb is to ask. You will find out quickly that most designers who publish tutorials, video or otherwise, love sharing what they do, and will appreciate the respect and courtesy of being asked.

By: Donna

Donna — Wed, 12 Apr 2017 21:30:34 +0000

What about selling a piece of jewelry that you learned how to make by watching a You-tube tutorial? I see no copyrights or disclaimers on any of the videos I have watched.

By: Cathy Juneau

Cathy Juneau — Wed, 27 Jun 2012 19:20:31 +0000

One question to ask before making a piece from someone else’s design is can you afford any subsequent legal action that may be taken against you if you sell the item? If not, don’t do it! Aside from that, show respect for another artist’s creativity and ask first. You certainly wouldn’t appreciate someone else using your designs without consulting you first.

By: Wendy

Wendy — Tue, 26 Jun 2012 02:56:05 +0000

Regarding anything published or purchased being fair game to make and sell…um, NO. Just because an item is published, doesn’t mean the artist’s copyright is voided. The published book example is perfect. Copying someone’s words…just because they published them is not legal.

Even purchasing a pattern doesn’t convey permission. I worked in the sewing industry and pattern companies will certainly NOT allow you to reproduce their patterns for rack resale….they are for personal use. With all this in mind, there are some very different copyright rules in the fashion industry vs. otiher industries. To allow the industry to evolve, changes to basic designs are encouraged…otherwise a simple suit jacket would have one maker and fashion trends wouldn’t exist. So, are you an artist or reproducing a fashion trend?

Always double check the permission being conveyed; or better yet, learn a new technique that inspires you to make something even more fabulous.

By: Pam

Pam — Fri, 15 Jun 2012 12:02:50 +0000

Absolutely check with designer for permission to sell pieces made using their design. It only takes a moment and a quick email, and most will get back right away. Most design books include a blurb, stating what permissions the designers give. Many allow selling, but not teaching. Like Rena, I contact designers by email so I can keep a copy of the permission on file. We can choose to use copyrighted materials haphazardly, and may get away with it, but at the end of the day, we can feel more confidence in our business practices when we know we are operating ethically.

As a sidenote, I just returned from the Bead & Button show in Milwaukee, where I took several classes taught by designers. Most spoke about their policies on this topic. One designer, having given full permission to sell, asked only that we agree to sell her designs at a price that would properly cover our costs, and not lower the value of her designs in the marketplace by underselling. Interesting!

By: Anna Sabina

Anna Sabina — Tue, 12 Jun 2012 23:30:23 +0000

I agree, anything published is fair game to make and use as you wish. I have taken several clay jewelry classes with an instructor with a very recognizable style. She said a “good rule” is to change three elements in the design. It is nice to say the design was inspired by the other person.

By: Jeanine

Jeanine — Tue, 12 Jun 2012 22:25:57 +0000

I hate to rain on everyone’s sharing parade, but is not ok (or legal) to produce someone else’s design and make a profit without their permission. I’ve seen this issue again and again in professional literature like Lapidary Journal Jewelry Artist magazine. One writer put it this way (I’m paraphrasing) “If you took someone else’s book, changed the names and maybe a few plot items, and then went to have that book published, would you think that was legal?”. Another writer pointed out the fact that most of the designers who publish in the magazine do so to illustrate the technique, not so you can copy the exact design. If you think I’m wrong, contact someone like Michael Boyd or Alan Revere, or (here’s a though) an attorney. Another good place to look is in the fine print of most of the jewelry instruction books out there – which specifically states that you can make the design for your own use, but not for sale.

Danielle’s example above is the legally (and ethically) correct thing to do – get the original designer’s permission.

By: Danielle Blumenberg

Danielle Blumenberg — Tue, 12 Jun 2012 14:06:13 +0000

I had an experience that illustrates well what many designers of paid tutorials feel about the sale of pieces made using techniques they have taught… I took a class with a very well known jewelry designer. The technique she taught was very unique and anyone who has been in this business for more than a nano-second would spot it as hers. I really wanted to use it as an embellishment to a design of my own, so I emailed her. The letter I received from her in response was so warm, supportive, and appreciative. She said “Absolutely! I hope you make millions! I’ll be watching your progress with excitement!”. As a result, I think I have purchased every tutorial she has ever made, and have travelled across the country to take more classes with her. Most people who teach and put tutorials out there are sharing their knowledge for more than just the money; they are sharing what they love and want to help others be successful. As a side note, I think it creates good Karma to ask for permission if you are unsure and give credit when appropriate.

By: Rena Klingenberg

Rena Klingenberg — Tue, 12 Jun 2012 12:44:46 +0000

I forgot to mention this in my comment above:

All of the tutorials I’ve created and shared here on Jewelry Making Journal that have my name in the byline are for you to use for making and selling all the jewelry you wish!

In fact, many of my tutorials are for jewelry items that have sold very well for me, and I’ve shared them here in hopes that you’ll have the same success with them!

By: Linda Sinish

Linda Sinish — Tue, 12 Jun 2012 12:34:58 +0000

I agree with Lisa Yang. Since you have paid for the tutorial, the design can be used and the piece sold. I don’t think there are any legal limitations or copy right issues. This is a hot topic all over the blogs. I think being considerate and using good ediquet would include acknowledging the source of the design, when possible. If the piece is being sold at a craft fair it is challenging to place this information on the small price tag.

This is a big country and if I design a piece of jewelry it is unlikely that anyone that lives in my region will be making and selling it. Perhaps my design might be copied and I first should be flattered, but second, it is usually being sold miles and miles away from me. On the other hand, if I have a design that I plan on publishing, in-order to make a profit, I then keep that design under wraps until the tutorial has been published.

By: Lisa Yang

Lisa Yang — Sat, 09 Jun 2012 05:59:52 +0000

My response may not be popular – but it is what I believe to be true. If someone has published a pattern or instructions, and you have purchased it, you are free to make items for personal use or sale from that pattern. It is a nice touch to credit the designer or source of the pattern, however, it is not required. After all, they made the pattern to tell people how to make something. How can they then tell you how many you can make and what you can do with them? They already made their money by selling you the pattern! Furthermore, no matter how you try – your creation from the pattern will always be your interpretation of their instructions, using your personal techniques and materials and therefore uniquely yours. I think the other answers are certainly the ‘nice’ way to go about using patterns and tutorials – however, I don’t think they are the ‘rule’ which is what you asked. You may not copy their tutorial or instructions and sell those, however. That would absolutely not be ok.

By: Kim

Kim — Fri, 01 Jun 2012 20:00:09 +0000

Rena,
whew! our answers are generally the same! LOL! 🙂

By: Rena Klingenberg

Rena Klingenberg — Thu, 31 May 2012 16:43:39 +0000

Note: Kim posted her great answer above while I was still writing mine here! 🙂

Hi Jen! Good question.

Many creators of tutorials and patterns are totally fine with you using the information to make items you’ll sell.

However, many others prefer that you use the information only to create things you WON’T be selling.

So it’s always best to check whether it’s OK with the tutorial / pattern’s creator first before making items to sell from it.

Often the creator will include a note in the tut / pattern, stating how you’re permitted to use it and what you’re permitted to do with the items you make from it.

But if you can’t find any info in the pattern about permitted usage, I highly recommend contacting its creator. Explain what you’d like to do with the things you make from their pattern, and ask whether you have their permission to do so.

I think it’s best to have this conversation via email, so you can save a copy of the pattern / tutorial creator’s written permission.

And yes, I think it’s always a very lovely and classy touch to credit the original designer who created the tut / pattern to share the project with others! 🙂

By: Kim

Kim — Thu, 31 May 2012 16:41:03 +0000

It depends on the pattern designer. I sell patterns and specifically allow people to sell creations made from the patterns. Others will not. I would check in the information with the pattern or with the designer.

In general, it’s probably safest to not sell jewelry made from patterns until you specifically know it’s okay.