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Topic: Selling Things Made From a Tutorial.  (Read 4888 times)
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Maggiedoll
« Reply #10 on: January 28, 2011 12:48:06 PM »

§ 102. Subject matter of copyright: In general28

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;

(2) musical works, including any accompanying words;

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(Cool architectural works.

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
(bold added)

Q. I made this really cute dress with a Simplicity sewing pattern, but the patterns says, “Private Use Only”, can I sell it?

Q. I made this really cute dress with Strawberry Shortcake fabric. The fabric says “Intended for Personal Use only.” Can I still sell it?

A. Yes.  That little disclaimer means nothing, and in essence, goes against the First Sale Doctrine. As long as you are not duplicating the actual sewing pattern or printing bootlegged Strawberry Shortcake fabric, you have not violated the copyright.
That's not completely accurate.  The Strawberry Shortcake part is correct, but the pattern is unrelated to the First Sale Doctrine, it's based on the clause about "useful articles" in Title 17 Subsection 113
§ 113. Scope of exclusive rights in pictorial, graphic, and sculptural works47

(a) Subject to the provisions of subsections (b) and (c) of this section, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106, includes the right to reproduce the work in or on any kind of article, whether useful or otherwise.

(b) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1977, as held applicable and construed by a court in an action brought under this title.

(c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
The Copyright office also has a page with a short explanation with more English and less legalese: http://www.copyright.gov/fls/fl103.html
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ECC
« Reply #11 on: March 08, 2011 10:26:18 AM »

I try to remember to give permission on all of my tutorials and patterns for people to sell items they create from my work. If it isn't specifically stated that you cannot you should be ok, however I would ask just to be courteous if nothing else. Designers want to be respected. Everyone reads and interprets copyright laws differently so receiving permission directly from the designer is your best guarantee to avoid any trouble.
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ECC Trish
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