May I use the patterns in a book to stitch the stockings and then sell the stocking? 5 Answers as of June 04, 2013

I want to start a business cross stitching Christmas stockings. I have several books that I have bought.

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Banner & Witcoff, Ltd. | Ernie Linek
Copyright protection in the books likely also means that the patterns contained therein are also protected by copyright law. If you copy - you can be sued by the copyright owner - especially if you commercialize the products. Better for you to make your own unique designs - for which you would then be the copyright owner.
Answer Applies to: Massachusetts
Replied: 6/4/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Patterns for items such as stockings are protected by copyright law. You cannot use such patterns without permission from the copyright owner. Your "stocking" would be a derivative work created from copyrighted patterns, which you could not legally sell unless you have a license from the copyright owner. It is possible that the book contains terms and provisions which give its readers the right to use the patterns shown therein. However, it is more likely that you will need to contact the copyright owner of the pattern to obtain a license-and you probably will have to pay a royalty for use of the license (which sometimes represents a percentage of the revenues you get from selling the stockings). You are going into a business for which you could be sued if you do not lay the proper legal foundation. If you want to pursue this business, you need to retain IP counsel to lay the proper legal foundation and obtain the licenses that you need.
Answer Applies to: New York
Replied: 5/20/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
It depends on the book. The material and patterns in some books are copywriten while others are public domain. Look in the book, usually in the front sheets, or on each sheet to see if the information is in public domain, or if there is a copyright on the art, pattern. Let me know if you have any questions in regard to this issue.
Answer Applies to: California
Replied: 5/20/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
Yes, you can. Only the book itself if copyrighted.
Answer Applies to: Nebraska
Replied: 5/20/2013
Tran & Associates | Bao Tran
Yes, you should be able to sell books that you bought and add stocking. You should consider patent application as soon as you can to prevent others from copying you. This is important as we move into the First to File era.
Answer Applies to: California
Replied: 5/20/2013
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