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Sewing design copyright law?
My wife found a pattern online that said free for personal use but you have to pay me $10.00 for the right to sell the item. But the person admitted to taking an actual product and reverse engineering it. So what I want to know does this person have the right to sell the rights to sell homemade items of a product she copied? also my wife uses a different material had made it dual purpose and added a pouch. does she have to pay this person ? thank you in advance. JC
2 Answers
- Nuff SedLv 78 years agoFavorite Answer
Clothing designs are not copyrightable in the USA and thus no such copyright claim can be enforced as a copyright infringement. Attempting to extort someone by claiming non-existent rights could be a form of "unfair and deceptive business", i.e., fraud. As a matter of law, a person cannot sue to enforce the rights that actually belong to someone else. For instance, I can't sue you for infringement of copyright if you were to make Disney figurines, since I don't own the copyright, even if I were to sell you the design.
- nickipettisLv 78 years ago
i don't think so, but i am not a lawyer.
I think the only way you will get a good reliable answer is to get a lawyer; even so, the original person might sue; how judges view patents is VERY individual. (for instance, the ball point pin does not have a patent. yes, the inventor patented it, but when it was tested in court, the judge ruled that it was not different enough to be "worthy" of a patent. )
