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A question about selling crafts

I'm not an artist, but I do make needlepoint/cross stitch things. A lot of what I make, I keep for my own decoration, but last winter I started working on a huge tapestry project for my boyfriend. Obviously, I'm not going to do anything with this tapestry except frame it and give it to him, but I've been thinking that if I make it again at a later date, I'd like to sell it to make a little money off my hobby.

So my question is: Can I legally do this?

The chart I'm using to make this tapestry isn't mine, it's produced by a company called Leisure Arts. I've already looked around their website to see if there's anything about what I can and can't do with their products and didn't find anything (except for one section that says I can't download their free patterns, then turn around and sell them.) Can anybody help me out? It'd be greatly appreciated.

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( 7 comments — Leave a comment )
chronovox
Dec. 2nd, 2010 08:51 pm (UTC)
From http://www.craftsandcopyrights.com :

"This is a little complicated. Technically, a finished product is a derivative work and no amount may be sold without permission from the copyright owner. However, in real-world terms, if you make one item of something and then get tired of it, most designers would give permission to sell your finished work. . .

Note: An important exception to this is patterns made with licensing agreements with companies such as Disney. In most cases, they have explicit terms on their patterns that no finished items may be sold and that they can only be made for personal use. . .

By its very nature, a craft pattern implies that the purchaser may make a finished product (a derivative work). However, unless otherwise stated, it is implied that that this permission is for one finished product for personal use. This includes a finished product being given as a gift."

You could probably make one of them, like the one for your boyfriend, and sell it if you get sick of it. If you were to make a second one specifically for sale that would likely be a copyright violation.

And http://www.leisurearts.com/CustomerService/FAQ.aspx states :

"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."

In this case, creating a second tapestry to sell would violate "personal, noncommercial use" and wouldn't be supported by the company.
marus_puppy
Dec. 2nd, 2010 10:08 pm (UTC)
Ah! There it is! I thought it was weird that I didn't find anything, but I guess I just didn't look through everything carefully enough... I'm reading through the crafts and copyrights site as well and it says to double-check the physical pattern for specific terms of use, though I'm sure that Leisure Arts' overall policy is what I'll be going by since it's not a Disney or otherwise licensed pattern. Thank you very much!
westly_roanoke
Dec. 2nd, 2010 08:55 pm (UTC)
However! If you're looking for a neat thing to do, you can request permission from artists and make your own pattern!

There's tons of programs that will allow you to do such! (I'm making a latch hook rug based off an icon of mine!) Just be sure you get the orignal artists permission to recreate their art in cross stitch!
stormslegacy
Dec. 2nd, 2010 09:19 pm (UTC)
You usually can't sell things made from store-bought patterns, but it's wicked easy to make some yourself.

If you want a cross-stitch pattern-making software, I can give you one for the cost of shipping. It's called PC-Stitch or something like that. I bought it a long while back and haven't been able to use it due to having tendonitis crop up shortly after buying. I doubt I ever will cross-stitch again, so I'd have no problem giving it away. I'll have to double-check the specs when I get home but if you're interested, give me a hollar: mvigeant86ATgmailDOTcom.
marus_puppy
Dec. 2nd, 2010 09:39 pm (UTC)
That would actually be really cool. I've got a free program that is... okay, but it's not wonderful. It has a tendency to freeze when I'm doing things like the backstitch marks and such, so I'll shoot you an email! :D
midnightfury
Dec. 3rd, 2010 12:41 am (UTC)
I'm not as familiar with Leisure Arts' policies as some other companies. Since they are a major producer of patterns, I would head over to their website and take a check to see if they have any kind of copyright information there. It's not always easy to tell what a name-brand company's policies are. Your first impression could be that they don't allow the sell of items created using their patterns, but sometimes you can be surprised. Lion Brand, for example, says it's okay to sell items made from their patterns. So it's worth a look just to see what they officially have to say.
sovy
Dec. 3rd, 2010 01:03 am (UTC)
"So my question is: Can I legally do this?"

Unlikely.
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