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I have someone who is interested in buying some of my old scroll saw magazines. Is it okay for me to sell these magazines along with the patterns that are in them? Since I bought them I think it would be, but I want to do what's right. And if that is okay, what about old printed pattern sheets purchased from places like Scroller LTD and Wooden Teddy Bear? Are they a different story?

 

Just want to do what's right - Ray

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I see old magazines for sell often.  Never read any issue (ha ha issue, good one) with it.  Like do you have to right to sell a used read book???

As for old printed patterns,,, did you use them?  I have often wondered, because I have bought more patterns than I will live long enough to us, can I resell the ones I didn't use?  I do no know.  I know for sure I should not sell ones I bought,  made copies of for cutting, and did cut the copies, bur what about the ones I never did anything with...?

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That is a interesting question I had not thought about when I recently moved to NC and will close in 17 days not counting. Packing up I did go through my magazines Wood, and scroll saw. Some I kept and others I took to Half Price book store and sold them to the store. This is a store that buys books, dvd's , CD's etc then resells. Obviously you don't get paid a lot but is is more then sending them to the dump. They seem to not have a problem with it. As to the patterns many I kept and took them out before selling. All the scroll patterns. Wood not so much. It did not cross my mind that copy wright may be an issue. For that answer I would ask a attorney who knows. 

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I am not an expert on this but the way I read it is:  you are reselling the ORIGINAL art that includes THEIR copyright statements printed on their artwork.  Reselling a COPY of an original is not allowed.  Same logic applies to whole magazines, the copyright is still intact.  If you have stripped the mag and are reselling a pattern out of a mag I think that is not allowed.  I believe it all has to do with can you tell who was the author and what were their rules of use.  My 2 cents, spend wisely!  :cool:  Russ

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I'm with Chiloquinruss,  If the original pattern changes hands , going forward, the right to use that pattern is transferred to the person who is in possession of the original. 

I don't use patterns that I don't own, but I suspect a lot of folks look at this the same as breaking the speed limit everytime they drive. 

Edited by hotshot
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copyright and licensing is one of the most ridiculously complicated subjects out there.  Yes you buy the magazine and bought the right to use the patterns, but does the licensing agreement permit you to transfer to another owner.   As for copying, If I photocopy the pattern to glue the copy to the wood for cutting, have I illegally copied the pattern?     Does it give you the right to make the wooden object 5,000 times for commercial sale purposes?  How would you do that without making copies.     

The Studio owning the movie, "It's a Wonderful Life" let it's copyright expire, so every TV station in the US was playing that movie ad nauseum, thinking they were free of royalties, but along comes the person who licensed the script for the movie and says, But my script is still copyrighted, PAY UP.  and suddenly It's a wonderful Life is broadcast perhaps once a holiday season.

It may come down to the licensing agreement between the artist and the magazine as to who has the right to make the pattern.  Just as some warranties apply only to the original purchaser, the license to use the pattern from the magazine could extend contractually just to the original magazine purchaser.

What the true, technically correct answer may be could be buried in a clause in a contract in a long stored away file at the magazine's office.  

 

The practical answer is that the artists and magazines cannot afford the legal fees to investigate and go after every person whose work looks like it may have been copied from the magazine pattern.      

Right now it is too early before caffeine for me to find my specs and skim through the fine print of the magazines on the shelf.    But I suspect, each magazine has a clause buried somewhere in the publication delineating the extent to which using the patterns is permissible. 

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