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another copyright question?


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Ok I was looking through a pattern book I have. I was wanting to make one blanket to sell. I looked in their book and they say nothing about copyrights. So I went to their website leisurearts.com and this is what it says under their FAQ:

 

"Q. What are the rules concerning selling projects made from Leisure Arts publications?

A. The designs themselves and the instructions in our leaflets are the exclusive property of Leisure Arts; the finished product made from our instructions belongs to you as long as you do not duplicate the instructions or claim to be the designer. The designs are intended for the personal, noncommercial use of our consumers, and we do not give permission for consumers to wholesale the projects they make from our designs in stores or businesses.If you are registered as a business or have a tax identification number, permission is denied for you to make and sell any projects using Leisure Arts designs."

 

If I don't own a business and I don't have tax id number...Could I make one blanket from one pattern to sell?

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That is my understanding of the policy. The finished blanket is yours to sell if you wish. As long as you are not a registered business, you don't have a TIN and you are not selling the blanket at wholesale.

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Or, to be a bit more informative, this is what Coats & Clark says about selling items (website)

 

"Producing items for resale using patterns from Coats & Clark

An item made from a design contained in a Coats & Clark publication may be sold as a finished product providing:

(1) It is crafted by the individual offering the item for sale; and

(2) It is made using a Coats & Clark product.

It is not permissible to contract production of projects made from designs published by Coats & Clark to a third party for sale or distribution.

An item made from a design whose trademark is licensed to Coats & Clark for use in books, leaflets, or kits ( for example: J & P Coats Latch Hook based on the Peanuts® characters) may not be sold as a finished project under any circumstances."

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The way I read it:

 

If using a Coats & Clark pattern, you must be the one who makes the item to sell and you must use their yarn, which are the Red Heart and TLC yarns. BUT you can't sell an item which features a licensed character, like Snoopy, Strawberry Shortcake, or Hello Kitty.

 

I believe that Lion Brand has the same restriction on their patterns, although I can't find any info on that on their website. (I'll email them tomorrow so I have something in my file.)

 

Leisure Arts doesn't have any yarn restrictions, just the registered business thing. (Of course, they don't sell yarn either.)

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