Category Archives: Copyright

Can Beading Magazine Claim Copyright in Geometric Pattern?

DR_BeadsQuestion: A beading magazine has lots of instructions for making beaded jewelry designs that are purely geometric. The magazine tells readers that they can only use these designs for gifts or personal use (but not to sell). Can the magazine stop me from selling jewelry based on these designs?

Answer: We think you can probably sell the designs without incident but our response depends on the uniqueness and novelty of the patterns. Continue reading

Can I Sell Clothing From © Fabric?

800px-Ribbon_loom_weaving_tubular_silk_neckties._Silk_industry,_South_Manchester,_Conn.,_U.S.A,_by_Keystone_View_CompanyQuestion: Can we purchase copyrighted fabric or ribbon from a store, make it into a dress or handbag and then sell those items legally? There is a “For personal use only” statement on the salvage of the fabric. My understanding is that First Sale Doctrine would cover the resale of the fabric along with a proper listing and disclaimer? Answer: You’re correct. Thanks to the first sale doctrine, if you bought copyrighted fabric, you’re free to make it into a product and resell that product. Continue reading