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  #1  
Old 2013-12-09, 5:54pm
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caliente caliente is offline
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Default 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.
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  #2  
Old 2013-12-09, 6:01pm
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Nope, not enforceable as far as I know. It's really ridiculous too.
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  #3  
Old 2013-12-09, 6:46pm
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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"
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Old 2013-12-09, 6:50pm
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dumbassery.
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  #5  
Old 2013-12-09, 7:03pm
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Dumbassery has just become my new favourite word.
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  #6  
Old 2013-12-09, 7:35pm
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Makes me want to buy it and sell some sight unseen.
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  #7  
Old 2013-12-09, 7:58pm
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Gimme a break -
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  #8  
Old 2013-12-09, 8:07pm
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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.

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  #9  
Old 2013-12-09, 8:08pm
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more dumbassery.
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  #10  
Old 2013-12-09, 8:10pm
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I wonder if Hannah would chime in since she sells seed bead tutorials.
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  #11  
Old 2013-12-09, 8:14pm
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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.
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  #12  
Old 2013-12-09, 8:57pm
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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.
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  #13  
Old 2013-12-09, 9:17pm
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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?
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  #14  
Old 2013-12-09, 9:24pm
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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.
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  #15  
Old 2013-12-10, 3:49am
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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?
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  #16  
Old 2013-12-10, 5:08am
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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.
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  #17  
Old 2013-12-10, 7:33am
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HannahRachel HannahRachel is offline
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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.
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  #18  
Old 2013-12-10, 10:03am
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If I saw that blurb in a tutorial then I wouldn't buy it so I wouldn't ever be their customer.
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  #19  
Old 2013-12-10, 12:32pm
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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.
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  #20  
Old 2013-12-10, 1:41pm
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Quote:
Originally Posted by AKDesigns View Post
Nope, not enforceable as far as I know. It's really ridiculous too.
What she said.
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  #21  
Old 2013-12-10, 1:48pm
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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.
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Old 2013-12-10, 1:48pm
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Quote:
Originally Posted by Lorraine Chandler View Post
What she said.
What they both said....
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Old 2013-12-10, 2:32pm
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Quote:
Originally Posted by Cosmo View Post
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!!!
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Old 2013-12-10, 3:11pm
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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...
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Old 2013-12-10, 3:29pm
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Quote:
Originally Posted by rjohn7 View Post
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
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Old 2013-12-10, 3:51pm
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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?
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Old 2013-12-10, 5:29pm
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I don't get the need for recognition.
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Old 2013-12-10, 6:03pm
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Quote:
Originally Posted by AKDesigns View Post
Very thorough and detailed.
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  #29  
Old 2013-12-10, 6:18pm
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Quote:
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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."
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Old 2013-12-10, 6:26pm
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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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