Selling question

[shelly_bean]

hypothetical situation: Say someone wants to buy something you have made from a pattern, but the pattern states you can't sell this item. So you say sorry I can't sell this to you, but they offer to buy the yarn for you to make the item, would that still be considered "selling" or just making a gift for someone.

 

ETA: My friend and I had a conversation about this type of situation, so to clarify this isn't technically a hypothetical, since there was a real conversation that happened.

[HannaH]

I am not an expert but I would think that that would be ok. Most of the patterns say that you can use it as a gift for someone. The reason you can't sell it is because they don't want you to profit off of their work, so I would think that it would be ok. You aren't profiting, except you get to do the thing you love. . . CROCHET!!!

[Amy]

hypothetical situation: Say someone wants to buy something you have made from a pattern, but the pattern states you can't sell this item. So you say sorry I can't sell this to you, but they offer to buy the yarn for you to make the item, would that still be considered "selling" or just making a gift for someone.

 

If all they've done is purchase the yarn and you make the item for them at no charge, then yes, you are just making them a gift. The same as if you purchased the yarn yourself, made the item, and gave it to the person without charging. You haven't actually sold anything.

 

If they purchase the yarn, you make the item, and you still want to charge them for your time, then no, you can't do that.

 

Shelly, if you want to sell something made from a pattern that doesn't specifically give permission to do so, just contact the designer/publisher. And if they won't give you permission, just try to find another pattern out there for which the designer/publisher does give permission for items made from the pattern to be sold.

[shelly_bean]

If all they've done is purchase the yarn and you make the item for them at no charge, then yes, you are just making them a gift. The same as if you purchased the yarn yourself, made the item, and gave it to the person without charging. You haven't actually sold anything.

 

If they purchase the yarn, you make the item, and you still want to charge them for your time, then no, you can't do that.

 

Shelly, if you want to sell something made from a pattern that doesn't specifically give permission to do so, just contact the designer/publisher. And if they won't give you permission, just try to find another pattern out there for which the designer/publisher does give permission for items made from the pattern to be sold.

Thanks Amy,

It was something that came up between me and my friend, and I was just curious as to what all the copyright incompasses. I know it is a complex law that sometimes makes my head spin.

[Amy]

Thanks Amy,

It was something that came up between me and my friend, and I was just curious as to what all the copyright incompasses. I know it is a complex law that sometimes makes my head spin.

 

So I guess it wasn't really a hypothetical situation, huh?

[shelly_bean]

you caught me..

[faedragon]

Your friend could also purchase the pattern, purchase the yarn, have you crochet the item using the pattern she purchased, and pay you for doing the "work" ( crocheting).

[shelly_bean]

Your friend could also purchase the pattern, purchase the yarn, have you crochet the item using the pattern she purchased, and pay you for doing the "work" ( crocheting).

I thought that would be still violating since she didn't make the pattern herself.

[Amy]

No, part of the complexities and vagaries of copyright law is that if your friend is the one who owns purchases the pattern and buys the yarn, she can then hire you for your time involved to make something for her.

 

The difference is that SHE has initiated hiring you and compensating you for your time. YOU are not the one out seeking to make a profit from use of the pattern.

 

In this case, the friend would retain possession of the pattern once you finish crocheting the item for her.

[shelly_bean]

No, part of the complexities and vagaries of copyright law is that if your friend is the one who owns purchases the pattern and buys the yarn, she can then hire you for your time involved to make something for her.

 

The difference is that SHE has initiated hiring you and compensating you for your time. YOU are not the one out seeking to make a profit from use of the pattern.

 

In this case, the friend would retain possession of the pattern once you finish crocheting the item for her.

Ohhh... Ok that makes sense.