Lampwork Etc.

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-   -   Interesting tutorial provision (http://www.lampworketc.com/forums/showthread.php?t=256623)

caliente 2013-12-09 5:54pm

Interesting tutorial provision
 
I was surfing some of my Etsy faves and found this on a bracelet tutorial listing:

"This pattern is for personal use only. Purchasing this pattern only gives you permission to create something for yourself or for a gift. It does not give you permission to create something to sell. If you are interested in creating sale items with this pattern, please contact me to arrange a commercial agreement."

Is that enforceable? Not planning to commercialize them or probably even make one but I am curious.

AKDesigns 2013-12-09 6:01pm

Nope, not enforceable as far as I know. It's really ridiculous too.

AmorphousDesigns 2013-12-09 6:46pm

yeah, it's like an engineering text book maker saying, "learn all you want about how to build an engine, but pay me royalties if you actually become employed as an engine builder"

squid 2013-12-09 6:50pm

dumbassery.

caliente 2013-12-09 7:03pm

Dumbassery has just become my new favourite word.

echeveria 2013-12-09 7:35pm

Makes me want to buy it and sell some sight unseen.

BeadBlossoms 2013-12-09 7:58pm

Gimme a break -

AKDesigns 2013-12-09 8:07pm

Well I just did a search on Etsy for seed bead bracelet tutorials and it seems pretty common. Here are some of the blurbs in their tutorial descriptions:

Please feel free to sell your finished product but credit the design to XXXXX XXXXX. The selling of any of my designs on ETSY is not permitted.

Fair usage policy:
No sharing, copying, selling or teaching of my beading patterns is permitted.
I allow the selling of finished product as a limited edition with credit given to XXXX XXXXX for the design. Exception: selling of finished product on Etsy is not permitted.


This pattern is for your own personal use. I do not give permission to teach this pattern. I also do not give permission to sell the finished bracelet on Etsy or Artfire. Please ask written permission if you would like the sell your finished bracelet on other venues.

This is copyrighted material and is intended for your personal use only. Any reproduction, sale or other use of this material, or the finished products created using this material, for profit without the artist's prior consent is strictly prohibited.

Personal Use tutorials are offered for sale for *your own* non-commercial use only. You may create up to three items from the tutorial, for your own personal use or for gifts.


squid 2013-12-09 8:08pm

more dumbassery.

AKDesigns 2013-12-09 8:10pm

I wonder if Hannah would chime in since she sells seed bead tutorials. :)

CheriB 2013-12-09 8:14pm

This provision frequently shows up in certain crafting areas, like digitized designs for embroidery sewing machines. I think Hannah has this in some Etsy sales of her patterns too; I just saw a beautiful seed bead cat eye bracelet with something similar in the description.

Deborah 2013-12-09 8:57pm

I've seen this plenty. there's a beadwork instructor who taught her design in classes, but forbade selling the finished pieces - or something crazy. There are a couple lampwork tutorials that place a similar restriction. I don't see the point.

Jnelson 2013-12-09 9:17pm

I took a class from Loren Stump a few years ago and his philosophy was to share info, no secrets.Pretty much every design will be"invented" by more than one person don't you think?

one hot beader 2013-12-09 9:24pm

Shrug....

Copywrite only extends to the actual tutorial itself. You can't make copies and sell it.

How could they possibly enforce it?

You all know the costs involved in a law suit.

QuiteCuntrary 2013-12-10 3:49am

Wow, I love the one where not only must you only make them for yourself/friends, but you're ALSO limited to making three! Bahahaha! How on earth does she plan to enforce that?

fionac 2013-12-10 5:08am

you see this on all sewing patterns (mccalls, burda, Vogue etc) ' patterns are licensed for home and personal use only', most limit you to one to 3 garments and ask you to buy a seperate pattern for each item manufactured. That said I believe the pattern companies have lost in court when trying to enforce the above.

HannahRachel 2013-12-10 7:33am

Hi there! I have a variation of that, yes.

I tell my students/customers to let me know before they sell their finished products and ask them to please credit me with the designs but tell folks they did all the hours of work stitching and picked the colorway. I sometimes ask that they don't sell the finished product on Etsy, just because if its my design then it would probably undercut my pricing since my work isn't cheap. Generally people seems pretty okay with that, although I've given permission for that as well in quite a few instances because some of the patterns just allow work to become my customers' and is no longer my own.

I just generally like it when people ask permission first. Also, this gives me a heads up and I'll generally follow up with a request to share their piece on my Facebook business page. This, in turn, gets me more sales.

I think one of the above AKDesigns things up there is mine, but I don't sell on Artfire anymore, so I probably should remove that restriction.

For the most part I ask that folks don't teach my designs, except for in a few instances in which I feel that the design is really more of a technique. For the most part, my customers seem okay with that too.

AKDesigns 2013-12-10 10:03am

If I saw that blurb in a tutorial then I wouldn't buy it so I wouldn't ever be their customer.

HannahRachel 2013-12-10 12:32pm

Yup. I seem to have no problem with sales and the folks who buy my stuff tend to be pretty darned good at changing them up to make them their own at which point they totally should go ahead and sell/teach/whatever.

I'm not holding anyone at gunpoint or anything to buy my stuff so I see no reason to go about changing my restrictions. It works pretty well for me. Well, except for that Artfire thing that I don't sell on anymore.

Lorraine Chandler 2013-12-10 1:41pm

Quote:

Originally Posted by AKDesigns (Post 4475716)
Nope, not enforceable as far as I know. It's really ridiculous too.

What she said.

Cosmo 2013-12-10 1:48pm

I've never understood that line of thinking. If you show someone how to make something, expect them to make it. If you don't want them to make it, don't show them how. Simple as that.

When I sell tutorials or teach classes, I fully expect people to make the things I teach them. That's the whole purpose of teaching.

julieann1674 2013-12-10 1:48pm

Quote:

Originally Posted by Lorraine Chandler (Post 4476474)
What she said.

What they both said....:)

hotflashwanda 2013-12-10 2:32pm

Quote:

Originally Posted by Cosmo (Post 4476477)
I've never understood that line of thinking. If you show someone how to make something, expect them to make it. If you don't want them to make it, don't show them how. Simple as that.

When I sell tutorials or teach classes, I fully expect people to make the things I teach them. That's the whole purpose of teaching.

Well-put!!!O:)

rjohn7 2013-12-10 3:11pm

the question in my mind is are these for patterns/design or for techniques? for instance if it is about where to put the seed beads to make a image of roses that will look the same every time and involves nothing like "this is how to bead loom" this would be a pattern, and restricting a pattern seems reasonable. I view it as the same as going to a painting class and copying the same picture the teacher painted again and again for sale...

AKDesigns 2013-12-10 3:29pm

Quote:

Originally Posted by rjohn7 (Post 4476554)
the question in my mind is are these for patterns/design or for techniques? for instance if it is about where to put the seed beads to make a image of roses that will look the same every time and involves nothing like "this is how to bead loom" this would be a pattern, and restricting a pattern seems reasonable. I view it as the same as going to a painting class and copying the same picture the teacher painted again and again for sale...

Here's a good read for you:
http://www.tabberone.com/Trademarks/...Patterns.shtml

Kevan 2013-12-10 3:51pm

I'm just hoping all you bitches who bought my photography tutorial are making sure you are giving me credit on every photo you take from now on. Oh, and don't sell anything on Etsy that you used my tutorial to improve your photos!

See how ridiculous that is? ;-)

AKDesigns 2013-12-10 5:29pm

I don't get the need for recognition.

silverlilly1 2013-12-10 6:03pm

Quote:

Originally Posted by AKDesigns (Post 4476576)

Very thorough and detailed.

Silver Moon Lampwork 2013-12-10 6:18pm

Quote:

Originally Posted by AKDesigns (Post 4476576)

That was quite informative. I bought a book on how to make silver filigree jewelry. Right before the TOC it states "These designs are for your personal use. They are not intended for resale." Then on the next page after the TOC it adds to this statement to make it a little more clear. "If you wish, you may make some to give as gifts. However, you are not permitted to use them for retail or wholesale purposes."

Silver Moon Lampwork 2013-12-10 6:26pm

This same author goes on to say in the next paragraph that if you do come up with some original designs based on her techniques, she would love to see them! I bet she would. ;)


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