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Topic: Do I own the copyright?  (Read 897 times)
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« on: December 17, 2009 10:09:03 AM »

Okay, here's the situation.  I have a friend that came up with a nursing poncho design.  She has a seamstress sew them up for her and she sells them. 

Recently there has been a demand for toddler sized ponchos for kids to "play" at nursing their babies.  My friend came to me and asked if I could make up a pattern and sew her the ponchos.  I agreed to this and made my own pattern based off an adult sized poncho.  It is not the same pattern as hers, it's missing a few features that her adult sized ponchos have (pockets, armholes, and decorative pleating).  She didn't pay me to make up the pattern, and she pays me $6 a poncho to sew them up.

She came over yesterday to pick up the last batch.  She told me that she was going to need the toddler pattern because she's decided to go to a different seamstress for sewing them.  I said I would make her a copy but keep the original (I'm sad about losing the money, but I have a new little one coming in February and I also have a 2 yr old, AND do daycare, so my life is a bit hetic right now.)  I have no qualms about giving her a copy of the pattern for free, we're pretty good friends.

After I said I was going to keep the original she gave me a little look and joked that it was okay and she wouldn't make me pay the copyright fee.  I looked at her and I said that I was under the assumption that it was my pattern since I drafted it myself (yes, from a finished product, but it's changed a lot).  Nothing more was said about it.

So I'm curious if you guys know who really owns the pattern.  Any advice?  Thanks in advance!
« Reply #1 on: December 18, 2009 04:34:00 AM »

Please don't take my word for it, but if the pattern has drastically been altered as you have said, I would assume that you have right to the pattern.

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« Reply #2 on: December 18, 2009 08:28:41 AM »

My friend came to me and asked if I could make up a pattern and sew her the ponchos.
I would think this pattern is yours since you made the modifications. If there is a way to officially get that pattern copyrighted, do it now. You may need to consult a lawyer. You will prob loose that friend over this.

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« Reply #3 on: December 18, 2009 09:54:53 AM »

Thanks for the replies!  I don't think I'm going to persue this legally since 1) I don't want to spend the money on it and 2) I'm not planning on using this pattern for my own business.  I am okay with giving her a copy of the pattern, I just wanted to know if it was mine.  Thanks for satisfying my curiosity!
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