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Topic: Question about selling Amy Butler bags  (Read 1460 times)
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psoupdesigns
« on: February 08, 2008 12:33:28 PM »

Does anyone know if you can sell bags made with any of Amy Butlers patterns?

Also in general, what kind of guidelines are there for selling bags you have made? I have made a couple, (none that i could part with at this point) and am just curious?
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twistedlime22
« Reply #1 on: February 08, 2008 07:45:25 PM »

I am wondering about this question too.  I would guess you can't sell bags made from the exact patterns because they are probably copyrighted or something.
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lulu9527
« Reply #2 on: February 08, 2008 07:49:17 PM »

Found this under the FAQs on her web site:

http://www.amybutlerdesign.com/faqs/

Can I buy the patterns and make the projects to sell?
No. Here's how our new copyright reads on our patterns:

All designs Amy Butler 2000-2007 - Art of the Midwest, LLC
This pattern is for personal home use. Projects are not to be produced for commercial purposes, nor are they to be made into items for sale. This pattern is copyright protected and reproduction of it is not permitted.

If you are still receiving the old copyright notice in our packaging, please know it is being replaced. We will honor the above simpler, and more generic copyright policy. Please contact us if you have any questions or concerns. To learn more about copyright law go to the United States Copyright Office web site at www.copyright.gov. Also, you may want to read about the McCall Pattern Company's copyright policy on the discussion boards at sew-whats-new.com.

We always encourage folks to create their own unique pattern designs to create products for sale. There is so much potential for great design. If you are inspired to work with Amy's patterns, she always says..... "if I can do it, so can you! " Go out there and make your own, unique amazing creations! The energy and passion behind small business is what makes the world go round!

Please note that many great designers on Ebay and other sites create wonderful finished products of their own design , you'll often notice that they use Amy's fabrics. That's a good thing! It's totally ok for the designers to mention that the fabric they used is an Amy Butler fabric ( and Amy's very flattered! ).
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ycallahan
« Reply #3 on: February 22, 2008 09:15:29 AM »

Technically, yes you can, despite what her site says. Please go to this website and get informed. It was a HUGE eye opener for me, and it is good for us crafters to know our rights so no one can bully us around or take our joy.

http://www.tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml
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lulu9527
« Reply #4 on: February 22, 2008 04:32:10 PM »

Thanks for finding that.  I would have believed what was posted on her website. 
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psoupdesigns
« Reply #5 on: February 23, 2008 06:34:16 PM »

Yeah, good to know, very informative article - Thank-you.
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SpottedFrog
« Reply #6 on: February 24, 2008 03:39:55 PM »

The thing to bear in mind that the second website doesn't mention is this: Amy Butler Inc. has a lot more money to spend on lawyers to harass you than you likely have to spend on lawyers to fight back. There just isn't enough strong evidence in the second site to make me feel free to sell Amy Butler bags. I've seen a little guy company who was right go bankrupt trying to prove it against a large corporation, it sucks but it's how things function these days.

It also doesn't cover fabrics printed with copyrighted images, those have been proven to not be re-saleable as commercial items as the images themselves are copyrighted & trademarked.

I say, make your own patterns anyway, it's the only way to have a unique product Smiley
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hoags75
« Reply #7 on: February 24, 2008 04:11:59 PM »

I used one of her patterns once on a bag that I kept and then made adjustments to it that I didn't like.  I no longer work off of the pattern so would that be violating her copyright? 

I also agree that you can't copyright a product based off of a pattern.  If that were the case wouldn't there only be one pair of jeans that we would all have to wear?  It's called capitalism whether we like it or not.  Just a thought.
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