# So cross I could cry.



## hennie (Mar 28, 2011)

I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.

Does she have the right to do this?? 

I send all the patterns I design to myfreecopyright.com and so have proof of when I designed it. Does this make any difference?


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## jumbleburt (Mar 10, 2011)

I don't know about copyright law, but you have my sympathy. I hope you can stop her.
Jan


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## Aud36 (Aug 20, 2011)

That is DISGUSTING can't you tell ebay


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## mirl56 (Dec 20, 2011)

I'm not sure what you can do. I don't knoe if just writing the person would make them stop or not. 

Where can I see your designs?


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## virginia42 (Mar 13, 2011)

That is terrible.


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## kathome (Dec 2, 2011)

Hummm.... I'm no expert on the laws, but I just visited your site and the first words that popped out at me on the center of the pattern page was, "These are my designs , please feel free to use them as you wish...."

That might legally mean that, although a sneaky thing to do, the person can get away with selling your patterns. 

Again, I'm not a lawyer.


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## prismaticr (Nov 17, 2011)

You know your work is copyrighted, and there are a ton of articles here and all over the internet about it. You need to grab just one article and the contact e-bay and report the seller as illegally selling items he/she does not own the right to sell. E-bay has forms for this, and take these matters quite seriously. You also need to correct your website tag line to say that free patters are free for YOUR PERSONAL USE, and not to be sold... etc.....


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## hennie (Mar 28, 2011)

mirl56 said:


> I'm not sure what you can do. I don't knoe if just writing the person would make them stop or not.
> 
> Where can I see your designs?


http://www.nimbleneedles.org.uk/#/patterns/4550985418


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## hennie (Mar 28, 2011)

kathome said:


> Hummm.... I'm no expert on the laws, but I just visited your site and the first words that popped out at me on the center of the pattern page was, "These are my designs , please feel free to use them as you wish...."
> 
> That might legally mean that, although a sneaky thing to do, the person can get away with selling your patterns.
> 
> Again, I'm not a lawyer.


Thanks I have removed that now, I meant it to mean feel free to sell any items etc , not SELL my patterns lol


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## hennie (Mar 28, 2011)

prismaticr said:


> You know your work is copyrighted, and there are a ton of articles here and all over the internet about it. You need to grab just one article and the contact e-bay and report the seller as illegally selling items he/she does not own the right to sell. E-bay has forms for this, and take these matters quite seriously. You also need to correct your website tag line to say that free patters are free for YOUR PERSONAL USE, and not to be sold... etc.....


I have just bought one of the patterns though it grieved me to do so.


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## Joy Marshall (Apr 6, 2011)

You could warn the person first that your work is copyrighted and tell her if she doesn't withdraw your work from ebay you will take legal action. That might be all it will take to stop her.


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## mirl56 (Dec 20, 2011)

OMG, those are some cute patterns! Love the minions!!


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## hennie (Mar 28, 2011)

mirl56 said:


> OMG, those are some cute patterns! Love the minions!!


Thank you xx


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## Sewbizgirl (May 11, 2011)

Contact ebay and tell them. Then see if you can hire an atty. to write you a cease and desist letter to the offender. Beyond that, such as punitive damages, you would have to hire an atty. to sue for you.

I'm so sorry. This is every pattern writer's nightmare.


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## mombr4 (Apr 21, 2011)

hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


I'm also wondering, if she is selling the pattern that isn't hers to sell as a PDF down load does that mean she is selling more then one copy of the pattern. I would contact eBay.


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## Stablebummom (Dec 5, 2011)

I used to sell a lot of things on ebay. Always was a honest as I could be. Well, I bought a designer purse at a local resell shop and didn't like it for my planned use. So I posted it on ebay with all the pictures and descriptions. Within 1 hour my auction was pulled and I was sanctioned for selling a "knock-off" of a name brand purse. (Talk about embarrassed!) Evidently they have people who do nothing but check that kind of stuff. Fortunately I wasn't banned-I did get a partial refund from the resell shop when I went back to her with the purse and the letter from ebay. My point is that eBay will work with you to stop this woman as what she is doing is illegal. Please contact them as soon as possible and lodge your complaint. Go get her!


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## kiwiannie (Jul 30, 2011)

I would certainly try every thing I could to get her stopped,get intouch with e-bay first.


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## jbandsma (Mar 6, 2011)

ebay will remove the seller for this and ban them from the site. Definitely get in touch with them, and make sure you provide copies of the documentation showing it is your work.


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## nanashirl (Jan 6, 2012)

Hi Hennie. 
Sorry for the loss of your love one.I went into your site and when I read the verse you wrote for your son I cried.It reminded me of when we lost our son and I wrote a verse similar to yours. I am sorry for what has happened to your pattern , hope it all works out ok for you....Shirley.


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## EileenED (Aug 19, 2011)

That is awful Iwould reort this to ebay


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## lindakaren12 (Dec 16, 2011)

Check with myfreecopyright and see if they have a suggestion. Sadly, there are people without ethics.


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## carenkelly (Apr 2, 2012)

I'm sure you can report her too ebay.and they will stop it.Best off luck .She should be ashamed of herself,I would name and shame her on hear so none of us bye any from her.


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## Gypsycream (Nov 23, 2011)

I'm so sorry to hear of this. Its a designers nightmare to find copies of their patterns on sale and someone else making profit from them. Big hugs to you angel.

I've just made a donation to your charity, it wont help how you feel but at least help your charity.


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## Sandiego (Sep 17, 2011)

What a shame! I know you are feeling hurt and grieved. Please report it to eBay. You are raising money in honor of your son. How can anyone be so thoughtless and dishonest? I hope you can get this resolved very soon. Hugs go your way. ;0)


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## Mary Cardiff (Mar 18, 2012)

Had a look at your Patterns,i was going to buy the patterm for the Valentine hearts,But they are asking for dollors not uk £s,Is this right


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## journey7 (Nov 24, 2011)

I wish you the very best. Sounds like your on the right road to correct the situation. The language in the pattern I bought said "This pattern is for your personal use only, there are NO resell rights with this design". Can't even distribute it for free in any format.


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## nuclearfinz (Feb 23, 2011)

Actually you must contact ebay. If she is not changing the wording and misrepresenting herself as the designer and is making a profit from your copywritten work you have the right to seek redress. Please understand the people who buy from her have no idea that you are the real designer and have no way of proving otherwise. Contact ebay immediately and seek reparation. Because you choose to give them away still does not mean a person can sell them.


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## Dowager (Jun 7, 2011)

Copyright exists from the moment you create something, not just fro the time you register it,. Registering is simply to create a published, legal right to it at a certain date, so no one else can try to claim rights to it. Since you have registered it, you definitely have rights to it, and can take legal actikon. Definitely notify the seller AND E-Bay that they are in violation of your copyright, and send them a copy of the registration..


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## janis blondel (May 20, 2011)

That is terrible. I hope no good comes of the money she gets for her sales. We all know the score as far as free patterns or any patterns go. If it were my work I would be furious. Love and hugs to you. :thumbup: :thumbup:


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## ssk1953 (Jan 29, 2012)

I think I would contact eBay and say you will seek legal aid if this is not corrected immediately. Bless your heart, that is about as low down as they come. I hope eBay will correct the problem quickly.


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## logicfrog1 (Mar 6, 2012)

several years ago i made cabled fingerless crocheted gloves for a cowoker we worked in a ben franklin crafts and framing shop and she worked in the framing dept where it was always cold. about a year later i found my gloves in a respectable crochet mag. another coworker reversed engerneed them and submitted under her name she actually used the ones i made and claimed them as her own. i wish i knew then what i know now. i truley feel your pain please stop her as you may not be the only one she is doing this to. i have seen several nice patterns pulled from websites for this reason


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## dijewe (Mar 1, 2011)

I following a sewing blog of a lady who offers download patterns for free. Well someone downloaded those patterns and tried to sell them on ebay. What this lady did is:

1. Contacted ebay
2. Sent the seller on ebay a cease and desist email 
3. On her blog for the whole world to see she posted the ebay seller's name, explained in detail how they are being dishonest and advised all of her readers to check this person's ebay store in case they have been 'ripped off'.
4. She then also posted follow ups until the thief's ebay store and website closed down.

Be bold - scream it to the world. Nothing works as well as going public!!


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## littlemissxmas (Oct 1, 2011)

hennie said:


> mirl56 said:
> 
> 
> > I'm not sure what you can do. I don't knoe if just writing the person would make them stop or not.
> ...


If this is your site and these are the patterns your talking about.

I love collecting patterns, and where possible I will share either them or the link with you.
Hopefully all the patterns I choose are copyright free. If you see one that breaks any rules, please let me know and I will remove it.

Vintage Patterns. To the best of my knowledge these patterns are no longer copyrighted, 
if I have made an error with a pattern, please let me know and I can remove it.

All patterns offered as pdf's delivery by email, please allow for time differences.

In these above statements that came from your website if true then you didn't design these patterns either. If that is the case there is nothing you can do. The con side is the person who did design these patterns can come after you for selling them. The reason your selling them wouldn't matter.


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## Joanie 5 (Apr 12, 2011)

Some people will steal anything. This is so wrong, I hope you can stop her.


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## vpatt (Dec 24, 2011)

hennie said:


> mirl56 said:
> 
> 
> > I'm not sure what you can do. I don't knoe if just writing the person would make them stop or not.
> ...


Very cute patterns! I would contact the person and ebay and see what happens.


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## salbee (May 8, 2012)

If you have offered your pattern as a freebie, then, I am afraid you might have literally 'signed away your rights' to an exclusive product. Although, as others have suggested, it is worth contacting ebay and your copyright company to see how they react. It could be a different matter if someone is attempting to sell something intended be free. Hope this helps.


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## bobsy (Jun 19, 2012)

one psttern on ebay said it was original and i have the same pattern from the 80's so it certainly wasn't


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## Knitnewbie (Mar 8, 2011)

I agree with those who say contact eBay, first. Get a lawyer, second, and include the caveat on your patterns, that they are not to be sold, but are for personal use. 

If your work is copyrighted, you can take legal action against the seller, if your laws are similar to those in the USA. If you include the little @ mark on your work, it is an indication that copyrighting is done or pending. You can take legal action to get any money she has collected using your work, plus additional fees, and halt further sales of your patterns, except by you. Check with a lawyer--while some of our comments may be helpful toyou, everything you read here is just opinion.


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## Knitnewbie (Mar 8, 2011)

salbee said:


> If you have offered your pattern as a freebie, then, I am afraid you might have literally 'signed away your rights' to an exclusive product. Although, as others have suggested, it is worth contacting ebay and your copyright company to see how they react. It could be a different matter if someone is attempting to sell something intended be free. Hope this helps.


I worked for the government for a while and one of the things we saw often was companies selling government publications. Everything about the publication, except the cover was the government document. It would include the copyright page and I guess that was how they could do it. The sad part was people would buy the pub from these companies and they could have sent a letter to the agency, whose name was on the copyright page, and gotten the pub at no cost--no shipping cost either!


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## bonbf3 (Dec 20, 2011)

That's an underhanded thing to do, copyright law or no.


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## dijewe (Mar 1, 2011)

Who has money for a lawyer? Copyright symbols are all fine and good but people ignore them and there is nothing you can do unless you have money to follow through.

So....do it the cheap way and go public. Have a look at what this person did:

http://selfishseamstress.wordpress.com/2012/03/24/idiots-on-the-internet-part-ii-seriously-lorriange/


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## silvercharms (Mar 29, 2011)

dwernars said:


> I following a sewing blog of a lady who offers download patterns for free. Well someone downloaded those patterns and tried to sell them on ebay. What this lady did is:
> 
> 1. Contacted ebay
> 2. Sent the seller on ebay a cease and desist email
> ...


Agree 100%! This is no time for social politeness, and think how many potential thieves will be deterred by your actions!

Thank you for your free zingy pattern, I loved it.


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## pzoe (Mar 17, 2011)

hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


Go on the ebay site and seek out the dispute link. The good news is that ebay takes complaints very seriously. The bad news is that the consequence is simple a rap on the knuckles.

I am so sorry to hear this. My budget does not include patterns so I rely solely on the generosity of knitters like you. Thank you for your free patterns.

pzoe
I'd certainly do all I could thru them. Good luck.


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## Ginka (May 16, 2011)

Absolutely notify Ebay ......its just wrong what that person is doing .Please keep us updated on how things go .


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## dwilhelm (Dec 29, 2011)

I am not totally familiar with the laws, but I am not certain you are protected without a copyright.



hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


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## knitknack (Oct 30, 2011)

Perhaps you might want to contact the Legal Aid office in oyur area who may be able to give yo some information, or steer you in the right direction, as there are Copyright lawyers, who do only that type of work.
Having a Service Animal who went through 2 years of professional training and then the cost out of my pocket to have his registered, I came across a woman on Ebay selling stickers, and fabric badges to put onto something stating the dog is a service dog. I contacted her and she told me that her husband is disabled and has a service dog and the patches are expensive so she offers them inexpensively. HOGWASH. THere are several compan ies who only specialize in Search & Rescue paraphenalia, as well as K-9 & Service Animal items, as they even have their own breeding program for service dogs, because the wait through a facility is 2 1/2 - 3 years. Their patches are a few dollars. It is a way for people to get them and pretend their dog is a service animal, allowing them on airplaines free, or even into restaurants. I contacted the Dept. of Justice & their reply is they cannot do anything. So much for those of us who have spent $1000's training our animals for service, because we really need it. 
The work that youa re doing is for a very good cause and should stay that way, not be what this unscrupulous individual is doing. I would also contact ebay and see what type of answer you get from them.
Meanwhile I would love to see the patterns you have available for sale, as I am always looking for new things to make, and being yours are for a special cause, makes it even nicer to purchase, knowing that the monies are GOING WHERE THEY SHOULD GO, and not in someones's pocket, as on Ebay.


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## funthreads623 (May 25, 2011)

notify ebay!


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## Linda-Gail (Sep 25, 2011)

Contact an intellectual property lawyer right away. They will be able to tell you exactly what your rights are and how you can protect them.


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## gdhavens (Jul 21, 2011)

hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


I am not a legal expert by any means, but does sending your patterns to "myfreecopyright.com" automatically mean they are copyrighted? If it is copyrighted and this person is selling these patterns as her design, is it possible that the myfreecopyright.com will aid/support you in any actions against this person? Was the pattern listed as free but copyrighted?

I feel for you. These copyright questions are quite confusing. i am not making suggestions, these are just questions that popped into my head as I read this posting.


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## tenaj (Feb 22, 2011)

Unless you offered it free and added 'For Personal Use Only, Not to be copied or sold' you have no case. I would like the id of the ebayer.


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## ICE (May 4, 2011)

hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


I believe this happens to all of us whom post FREE patterns. I have seen MY patterns on sale at several sites too. Do not know if there is anything that can be done about it. It is probably LEGAL, although NOT morally so.


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## dijewe (Mar 1, 2011)

There is a whole ebay page selling these if this is your pattern:

http://www.ebay.co.uk/sch/i.html?_nkw=Zingy+Pattern&_sacat=0&_odkw=Zingy&_osacat=0&_from=R40


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## btb462 (Feb 5, 2012)

This is wrong to take someone else pattern and use it for resale. I have been in needlework and knitting for 45 years and when our guild would want to do a fun raising for someone we would always write the person and get permission to copy her or his pattern. I would never do anything like this person has done. Shame on the person and if you read this you know who you are.

I don't know how to control things like this. There are some ---------- can't find the right word for these people. What I think of them I can not print. 

Thank you for sharing your patterns with us. It takes much time to write a pattern. Good luck in the future.


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## Oma42 (May 10, 2012)

tenaj is absolutely right. When it comes to the law and copyright, words are VERY important, so you have to protect yourself against misuse. It sounds like your patterns were in the public domain, therefore it's probably legal, but morally it stinks. Shame on her!


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## Northernrobin (Dec 12, 2011)

I think you may be able to go on E Bay and make a comment under a rating system for the seller. buyers who check might not want their $ to go to a thief.


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## cbjlinda (May 25, 2011)

Report it to ebay right away and they will take it off.


hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


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## cbjlinda (May 25, 2011)

I would also report the name of this person maybe they will remove her from this site as well as let other people know who they are dealing with. that is just plain disgusting.


hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


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## jujee (Aug 29, 2011)

This whole thing brings to mind the original copyright. Did you invent Zingy? If not you could be breaking the original copyright by making a pattern of it unless you got permission from the inventor of Zingy. 

When you own the copyright giving permission to use as you want means that they can make and sell or give away as many of the items made from this pattern not the pattern itself.

Looking on ebay there are at least 4 people selling this pattern. If you contact ebay that there may be a copyright violation going on with this pattern they will remove it until everything can be straighten out. Ebay is very serious about not breaking any laws.


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## joycevv (Oct 13, 2011)

Have you contacted this seller on ebay? There must be something you can do!


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## MTNKnitter (Jun 11, 2011)

How mean to sell your patterns on e-bay. I don't know much about e-bay and have not bought anything from them. I sincerely hope that you can put a stop to this. I wish you well. Not all knitters are like that.


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## BeaStitcher (Nov 18, 2011)

Joy Marshall said:


> You could warn the person first that your work is copyrighted and tell her if she doesn't withdraw your work from ebay you will take legal action. That might be all it will take to stop her.


I agree. Keep us informed as to your progress with this. I'd also do what Prismaticr says,

"You know your work is copyrighted, and there are a ton of articles here and all over the internet about it. You need to grab just one article and the contact e-bay and report the seller as illegally selling items he/she does not own the right to sell. E-bay has forms for this, and take these matters quite seriously. You also need to correct your website tag line to say that free patters are free for YOUR PERSONAL USE, and not to be sold... etc...."

Don't let this person get away with these shenanigans.

Sharon


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## Cali (Apr 9, 2012)

Absolutely you have the right to stop her... report her to ebay immediately.


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## hennie (Mar 28, 2011)

Thank you all, I have both reported it and faxed a Notice of Claimed Infringement - Statutory Declaration to ebay I've also emailed the seller. 

Thank you so much Pat for your donation.xx


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## Janet.Sar (Jun 29, 2011)

I think I would notify Ebay - I'm sure they could do something.


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## Nilda muniz (Aug 14, 2011)

How sad and how disgusting. That is stealing!


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## katm13 (Jan 22, 2011)

Give us her website and we will each send her a reminder about what bad taste it is to steal copyrited things.

I think that would work.


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## Mattheje (Jun 23, 2012)

While you are pursuing this, why not use the Internet to say--"don't pay for eBay # pattern by giving free web address for your site.. More than one way to deal with such unethical acts.


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## Cathy G (Jun 19, 2012)

First you need to contact the seller and ask her kindly to stop selling your free pattern that you have already registered with myfreecopyright.com. and that if she does not you will be contacting your attorney to proceed. The first thing an attorney or freecopyright.com will ask is if you have contacted the seller and asked her to stop.
Make sure you have clearly stated on your website that while they can be used and shared they cannot be reproduced or copied for sale.

Hopefully the seller will stop, if not contact freecopyright.com and asked them what if anything you can do about this. 

God bless you and thank you for doing a good thing to help others and it is sad that there are others who take advantage.
Please do not get discouraged and continue to be of good heart, you will be blessed.


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## Chezl (Mar 12, 2012)

knitknack said:


> Perhaps you might want to contact the Legal Aid office in oyur area who may be able to give yo some information, or steer you in the right direction, as there are Copyright lawyers, who do only that type of work.
> Having a Service Animal who went through 2 years of professional training and then the cost out of my pocket to have his registered, I came across a woman on Ebay selling stickers, and fabric badges to put onto something stating the dog is a service dog. I contacted her and she told me that her husband is disabled and has a service dog and the patches are expensive so she offers them inexpensively. HOGWASH. THere are several compan ies who only specialize in Search & Rescue paraphenalia, as well as K-9 & Service Animal items, as they even have their own breeding program for service dogs, because the wait through a facility is 2 1/2 - 3 years. Their patches are a few dollars. It is a way for people to get them and pretend their dog is a service animal, allowing them on airplaines free, or even into restaurants. I contacted the Dept. of Justice & their reply is they cannot do anything. So much for those of us who have spent $1000's training our animals for service, because we really need it.
> The work that youa re doing is for a very good cause and should stay that way, not be what this unscrupulous individual is doing. I would also contact ebay and see what type of answer you get from them.
> Meanwhile I would love to see the patterns you have available for sale, as I am always looking for new things to make, and being yours are for a special cause, makes it even nicer to purchase, knowing that the monies are GOING WHERE THEY SHOULD GO, and not in someones's pocket, as on Ebay.


People selling and buying fake stickers doesn't impact you or your service dog. You still have the same trained dog which helps disabled people. It doesn't diminish the great work these dogs do, it just shows how dishonest some people are.


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## dotcarp2000 (Sep 5, 2011)

hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


I would think that this makes a huge difference legally. I would certainly contact this person, as well as admnistration here,and mabye even an attorney. This person selling your pattern probably got it here and she could be deleted from this program.


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## hennie (Mar 28, 2011)

I dont know if it's as a result of this topic or not,but I have had some extra sales today. 

THANK YOU FROM MYSELF, MY HUSBAND AND ABOVE ALL, THE PEOPLE WHO BENEFIT FROM OUR FUNDRAISING.


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## dec2057 (May 30, 2011)

hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


My heart goes out to you, innocent kind people run into problems like this because they would never do something so slimy so it doesn't occur to them. Now that you know, you can protect your pattern against future abuse.

It is important to think things through. If you meant for folks to do something, you have to spell it out. You can't assume that they can read your mind and know what you intended. While what the person has done is tacky and unethical, she is legally within her rights as you offered your pattern as a freebie.

Perhaps if you said: My pattern is offered for free to folks to use for their own personal use to make items but the pattern itself cannot be sold, bartered, traded or shared. Please link back to my original content page when reposting the pattern so others know it cannot be sold or modified or sold, only used to create items for personal use (or you can give permission for the items made from the pattern to be sold for business as well but be sure to state specifically your intent).

Going back to that person AFTER you have offered it for free and essentially trying to impose a rule after the cat is out of the bag is unethical, too. You didn't tell them they couldn't sell the pattern - that's your fault. Now that they are selling the pattern, the best you can do is request that they please stop. If it went to court, all they would have to do is show a copy of your website content at the time of appropriation and it would show the judge that you gave free unfettered use of the pattern.

Good luck, honey - I wish you the best. What you tried to do was sweet.


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## karlie1056 (Apr 24, 2012)

I hope you get the situation resolved and wish you the best of luck


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## Dowager (Jun 7, 2011)

[

People selling and buying fake stickers doesn't impact you or your service dog. You still have the same trained dog which helps disabled people. It doesn't diminish the great work these dogs do, it just shows how dishonest some people are.[/quote]

Actually, it DOES impact her and her service dogs. Those dogs go through extensive, expensive training, and it isn,t easy. Animals who are not that well trained can and sometimes do cause problems. this would make places reluctant to admit even service dogs, as they can't tell the "real" ones from the "fake" ones.

It is just like trying to pass off a dog as a police dog when it hasn't been trained as one. You can just imagine the difficulties that could cause!


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## hennie (Mar 28, 2011)

I have just received this reply from the seller
Hi

I'm so sorry about this... the pattern was passed onto me from a friend and I didn't know you had designed it.

I have now removed the listing.

Kind regards


Thank you all for your comments, suggestions and best wishes.

XX


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## Chezl (Mar 12, 2012)

My daughter is deaf and is waiting for a hearing dog and if someone uses fake stuff pretending that their dog is a hearing dog when it is not, then how on earth would that affect her dog and the way it helps her? Not at all. Her dog would still do it's job and assist her the way it was trained to do.


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## Stephhy (May 14, 2012)

hennie said:


> prismaticr said:
> 
> 
> > You know your work is copyrighted, and there are a ton of articles here and all over the internet about it. You need to grab just one article and the contact e-bay and report the seller as illegally selling items he/she does not own the right to sell. E-bay has forms for this, and take these matters quite seriously. You also need to correct your website tag line to say that free patters are free for YOUR PERSONAL USE, and not to be sold... etc.....
> ...


You have too many patterns, right? LOL


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## hennie (Mar 28, 2011)

Can you ever have TOO many patterns??

I dont think so!!!! LOL :roll: :roll: :roll:


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## fisherwoman (Feb 24, 2012)

Contact Ebay asap. 

They are good listeners and will take IMMEDIATE ACTON on your behalf!

Good Luck!
Fisherwoman


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## Stephhy (May 14, 2012)

hennie said:


> Can you ever have TOO many patterns??
> 
> I dont think so!!!! LOL :roll: :roll: :roll:


NO!! You can't! Steve keeps looking in befuddlement, knowing full well NEVER can I do them all. Or even would, some of them are terrible. I got them & keep them because even the terrible ones have really neat stitch patterns or tips/tricks in them. I consider them my reference library and don't say a WORD about all the pattern books.

I just mutter "tools" and he goes away.


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## hennie (Mar 28, 2011)

Stephhy said:


> hennie said:
> 
> 
> > Can you ever have TOO many patterns??
> ...


I thought I must REALLY know you when you said Steve looks in befuddlement lol, My other half is also Steve and often has that same look. 
:lol: :lol: :lol:


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## Stephhy (May 14, 2012)

hennie said:


> Stephhy said:
> 
> 
> > hennie said:
> ...


Funny! :-D


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## dec2057 (May 30, 2011)

I would be interested in seeing your patterns, please post a link.



hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


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## hennie (Mar 28, 2011)

dec2057 said:


> I would be interested in seeing your patterns, please post a link.
> 
> 
> 
> ...


www.nimbleneedles.org.uk


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## dec2057 (May 30, 2011)

Thank you so much. Going to look now ;-)



hennie said:


> dec2057 said:
> 
> 
> > I would be interested in seeing your patterns, please post a link.
> ...


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## meadowmadcow (Feb 18, 2012)

I am really glad you have taken steps to stop this woman selling your patterns. Since she has made money from this you should seek redress via ebay for the money she claims she mistakenly made. A donation to your charity would be a way to ensure your charity doesn't loose out.

Can I also point out, as a lawyer, that English law and American law are different and covered by different processes and legislation. Whilst we are all grateful for advice you need to ensure it is appropriate for your legislation. Employing a copyright solicitor would doubtless wipe out all the money you have made so far and in England the Charities Commission could come after you if they don't feel the expenditure from the charity is appropriate so PLEASE proceed with caution. You may have to write this off to experience but please know that there are many good people in this world. Love to you.


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## meadowmadcow (Feb 18, 2012)

Hennie, I have just looked on your website - I think you need to make your notice re use of your patterns much larger so no one can claim they missed it. As you are making money for charity you should put that on the first page too so hopefully anyone wanting to repeat the ebayer's behaviour will be forced by guilt of their proposed theft from a charity to leave well alone - one can all but hope. Good luck


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## hennie (Mar 28, 2011)

meadowmadcow said:


> Hennie, I have just looked on your website - I think you need to make your notice re use of your patterns much larger so no one can claim they missed it. As you are making money for charity you should put that on the first page too so hopefully anyone wanting to repeat the ebayer's behaviour will be forced by guilt of their proposed theft from a charity to leave well alone - one can all but hope. Good luck


Thanks, will go and do that now xxx


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## Momma Osa (May 1, 2011)

So sorry . The person was unscrupulous in doing what she did. Maybe you can contact the copyright source to see if anything can be done.

Momma Osa


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## LindaH (Feb 1, 2011)

Go to this link to contact eBay about your VERO rights. The section that may apply to your situation is about 1/3 or so down the page. I hope this helps.

http://pages.ebay.com/help/policies/intellectual-property-ov.html



hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


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## Joanna88 (Oct 12, 2011)

This despicable person disgusts me ,I hope you can put a stop to her filching your work a.s.a.p.


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## suzette770 (Apr 12, 2012)

Hennie, I am so sad to know you also lost a son. Tuesday will be two years since we lost our only son (and firstborn). He died of ischemic heart disease and then his bedding caught fire and he was burned to a crisp. It took five hours and three tries for the firemen to find his body. All we could do was stand there and watch the condo complex burn down knowing he was in there.
The deep loss and pain never goes away. :-(


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## hennie (Mar 28, 2011)

suzette770 said:


> Hennie, I am so sad to know you also lost a son. Tuesday will be two years since we lost our only son (and firstborn). He died of ischemic heart disease and then his bedding caught fire and he was burned to a crisp. It took five hours and three tries for the firemen to find his body. All we could do was stand there and watch the condo complex burn down knowing he was in there.
> The deep loss and pain never goes away. :-(


Oh my goodness, Suzette how awful for you. I can not imagine what anguish you went through knowing your beautiful boy was suffering. 
We had spoken to Rich just 20 mins before he had the seizure, he then fell into a local canal and drowned. BUT the last words he spoke were to me, ending the mobile (cell phone)call with I love you loads Mom.
I will always have that, and I hear him saying those words every now and then.


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## PaKnitter (Mar 7, 2011)

Nannajay said:


> This despicable person disgusts me ,I hope you can put a stop to her filching your work a.s.a.p.


In a previous post she did say the situation was corrected, the person apologized and remove it. The problem is it was given to her by someone else and that person is still out there.


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## hennie (Mar 28, 2011)

PaKnitter said:


> Nannajay said:
> 
> 
> > This despicable person disgusts me ,I hope you can put a stop to her filching your work a.s.a.p.
> ...


True, but if it was given to her by a friend, I am hoping the friend would not sell any more, if she has sold any at all :roll:


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## tricilicious (Aug 30, 2011)

Your patterns are lovely. I would certainly get in touch with ebay as they have to be careful of their legal rights 
in conforming with the law. Good luck. I'm so sorry someone has done this to you.


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## mochamarie (Mar 9, 2012)

hennie said:


> suzette770 said:
> 
> 
> > Hennie, I am so sad to know you also lost a son. Tuesday will be two years since we lost our only son (and firstborn). He died of ischemic heart disease and then his bedding caught fire and he was burned to a crisp. It took five hours and three tries for the firemen to find his body. All we could do was stand there and watch the condo complex burn down knowing he was in there.
> ...


My heart goes out to both of you. Can't imagine how tough that must be. My dad suffered from epilepsy his whole life although cancer got him in the end. Lost a baby boy in 1981 and that, also, was hard. Prayers to all who have lost a loved one and that said, I hope the copyright situation is rectified. Hugs from Minnesota.


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## Bebekka (Jun 4, 2011)

You have a copyright and the person can and should be sued for violating the copyright law.

You must contact Ebay because they do not allow any foul play like this either.

Maybe you can post a bad comment for them on Ebay, too, of what they're doing so other buyers can see and decided not to buy from this dishonorable person.


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## mmorris25 (Jan 20, 2011)

She really is on the line of being in trouble. I'd send a copy of both to your publisher. They can do something. Let us know what happens!


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## mmorris25 (Jan 20, 2011)

Didn't realize it was on E Bay. They should be able to do something


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## mmorris25 (Jan 20, 2011)

The dogs have a long training period and are certified after that.


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## Cheryl Jaeger (Oct 25, 2011)

Can you go on Ebay and announce that you are the designer of this particular pattern ? If this is possible make sure you state what the sales of your pattern are used for also. 
If you cannot go on Ebay, ask both of the people who have alerted you to this issue to let it be known. 

This is wrong and should be made right. jmo


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## mmorris25 (Jan 20, 2011)

Never too many knitting patterns!


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## mmorris25 (Jan 20, 2011)

Never too many knitting patterns!


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## hennie (Mar 28, 2011)

Re posting this

I have just received this reply from the seller
Hi

I'm so sorry about this... the pattern was passed onto me from a friend and I didn't know you had designed it.

I have now removed the listing.

Kind regards


Thank you all for your comments, suggestions and best wishes.

XX


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## lakesideladyknits (Jan 13, 2012)

May a million moths invade this person's stash!!


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## Bebekka (Jun 4, 2011)

This is good news. No attorneys or more stress. Sounds like the person is trying to do right.


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## hennie (Mar 28, 2011)

Bebekka said:


> This is good news. No attorneys or more stress. Sounds like the person is trying to do right.


Thats my thought too, now do I ask her for a refund on my pattern when it arrives. 
I bought one, in case she wouldnt remove her copies xx


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## SAMkewel (Mar 5, 2011)

hennie said:


> Re posting this
> 
> I have just received this reply from the seller
> Hi
> ...


While she has apologized, the fact of the matter is still that she knew she didn't design it regardless of where she got it, so shouldn't have implied that she did. People give away copyrighted items all the time; that doesn't mean that the receiver can safely claim it is his/her own.....


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## Cheryl Jaeger (Oct 25, 2011)

Glad this person made things right for you.
Just a thought on this subject: Ask this person to annouce on E-bay that the proceeds do go to your fund,what this fund is for and that anyone wanting your patterns in the future to please contact you. That would really make it right on her behalf.


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## Karena (Jul 3, 2011)

I think you can contact eBay and throw a wrench into selling your copyrighted items. At least they may put some sort of "dispute" sign on the site, or block it. Might be enough to discourage selling your designs. 
Carfeul, if you give someone something, they don't value it as they may if they purchase it. Some people!
karen


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## logicfrog1 (Mar 6, 2012)

as she had no right to the pattern as hers any monies she made should be forfieted to you the rightful owner i would still contact ebay they may be able to recover the proceeds


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## Fluffysmom (Feb 17, 2011)

Let us know what Ebay has to say about this. There are lots of designers out there that post free patterns and it would be interesting and beneficial to know how to proceed if this should happen to them.


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## yarnstars (Feb 26, 2011)

The problem here is that an attorney would cost a lot of money. Since you have your patterns marked as copyrighted this person is breaking the law. Another problem is that the law is very hard to enforce, without a very expensive attorney. I once bought some designs on ebay that the seller advertised as being her own designs, then, about 3 years later, I got a letter in the mail from some group, claiming that I broke the law by buying those designs, I had no way of knowing that the seller lied and ebay refused to help. I never paid the $600.00 the group asked for and that was 4 years ago and have not heard from them since.


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## Karena (Jul 3, 2011)

Happy ending. Congrats.


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## wannabear (Mar 13, 2011)

I didn't read all the comments yet. Has anybody mentioned that Zingy is a trademarked thing belonging to someone else?


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## Aud36 (Aug 20, 2011)

wannabear said:


> I didn't read all the comments yet. Has anybody mentioned that Zingy is a trademarked thing belonging to someone else?


I wondered about that too thought it is a part of an Energy Co. advert


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## Linda6885 (Feb 13, 2011)

It is your pattern. I think you can report her to ebay. I would also say a thing or two to the person listing this as hers.
Very sorry for your problem. You can also put a public complaint against her on ebay. I would go to ebay look at their rules first and make sure of the steps you may have to follow. Look her site up, she may also have a web site selling your pattern too.


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## MrsB (Jun 3, 2011)

Notify eBay that a seller has been using your pattern (is it copyrighted?) and making money off of it. If it's copyrighted, they'll either tell her that the pattern is copyrighted and can't be sold, or if she continues, they'll shut her down. Did you send her a notice to cease and desist from selling your pattern, as she doesn't have your permission to do so?) If you haven't copyrighted the pattern, you will want to do so with your original drawings to prove that it is your pattern, otherwise she may claim it as her own. That would be my advice.


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## EmmyPrewitt (Jun 11, 2012)

The ebay link on page 4 that dwernars posted on this thread the patterns are still there. I opened a few of the link on the ebay display and 2 people have two ads each, other were different people or maybe the same one with different names. I still think you should contact ebay.


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## BeaStitcher (Nov 18, 2011)

hennie said:


> Re posting this
> 
> I have just received this reply from the seller
> Hi
> ...


This sounds like a very gracious apology. I would not pursue it any further. Since this character is the advertising product of a large company, it could be that they hold the original copyright on it. Pursuing this further could get you in trouble. MHO

Sharon


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## lavertera (Mar 15, 2011)

Hennie

If you can locate the seller, you can report it to Ebay and can get them stopped. Ebay should have their details if you need to take it further but, they would also get yours if you ask for theirs.

There is a seller that has copied some of my pictures and done the same, used the text. He is a horrid person who calls everyone that gives bad feedback ect. I haven't taken any action because of the backlash from it. One of our sons ordered one of his items, that I also make and it was rubbish and not done in the same quality material I use. Now I understand why he gets the bad feedback but, he's still on Ebay!!

Hope you manage to get it sorted. 

Pam


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## wannabear (Mar 13, 2011)

It really would most likely be in your best interest to NOT bring this to the attention of eBay, unless you want retaliation in the form of that person alerting the Zingy people to your pattern.


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## bonbf3 (Dec 20, 2011)

hennie said:


> Re posting this
> 
> I have just received this reply from the seller
> Hi
> ...


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## bonbf3 (Dec 20, 2011)

I'm glad this ended on such a nice note.


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## PaKnitter (Mar 7, 2011)

hennie said:


> PaKnitter said:
> 
> 
> > Nannajay said:
> ...


Very true...


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## Knitry (Dec 18, 2011)

In the several months I've been a member, I've participated in a few copyright discussions. The last one had several people whining about, "Oh, not this subject again??"

Apparently, there's a very great NEED for "this subject" again because there's a very great degree of ignorance of this subject, and since we deal with patterns all the time, some of us actually making our own or selling FOs from others' patterns, copyright is something everyone here ought to have a moderate working knowledge of -- and this very thread will amply prove that.

While I'm not an attorney, I have researched the subject and have acquired knowledge of U.S. copyright that slightly exceeds most lay people's knowledge. Everything I mention is based on my understanding of U.S. law on copyright. It's clearly not legal advice.

BASICALLY:
Anything you create that falls under the copyright law is AUTOMATICALLY copyrighted, whether your add the (c) symbol, or register it with the Copyright office (or anywhere else), or even KNOW your stupid work of art is copyrighted. It just IS. This applies to every pattern you have ever seen or acquired or used. This applies to every email you've ever written -- or received. This applies to your diary, all your blog posts, etc. All copyrighted, automatically.

Here are just some very quick resources I grabbed from Google:

LEGAL ZOOM: http://tinyurl.com/76u52xc
FIND LAW: http://tinyurl.com/7bcfsrq
WIKIPEDIA: http://tinyurl.com/82jbblm

Copyright lasts something 75 years from the date of creation or life of the author plus 50 years.



salbee said:


> If you have offered your pattern as a freebie, then, I am afraid you might have literally 'signed away your rights' to an exclusive product. ...


Utter nonsense. You cannot inadvertently or accidentally give away your rights. They have to be explicitly given away.



Knitnewbie said:


> ...If your work is copyrighted, you can take legal action against the seller, if your laws are similar to those in the USA. If you include the little @ mark on your work, it is an indication that copyrighting is done or pending.


In the U.S., her work IS copyrighted, automatically. The (c) symbol is not required, and is little more than a reminder that copyright exists and applies to this work.



dwilhelm said:


> I am not totally familiar with the laws, but I am not certain you are protected without a copyright. ...


To repeat myself: she has a copyright. Automatically. With or without a symbol. With or without paperwork or evidence of "registration" anywhere. The copyright lasts 75 years from the date of her creation of the pattern, without her doing a darned thing.



ICE said:


> ... I believe this happens to all of us whom post FREE patterns. I have seen MY patterns on sale at several sites too. Do not know if there is anything that can be done about it. It is probably LEGAL, although NOT morally so.


Yes, there is LOTS you can do about it. You can contact the site (ebay, etsy, other?) and demand that they be removed, and if they're elsewhere, contact the web hosting company. And NO -- it's NOT Legal. But if good people like you don't bother to take a stand, don't bother to exercise your rights, it will get harder and harder for anyone to exercise their rights as time goes on. PLEASE DON'T ROLL OVER AND PRETEND YOU DON'T CARE. Oh, and one more time: FREE has nothing to do with it. You still own the copyrights to the pattern.



wannabear said:


> I didn't read all the comments yet. Has anybody mentioned that Zingy is a trademarked thing belonging to someone else?


Someone did mention it upthread just a bit and this is a serious matter. If I'm not mistaken, cartoon or similar characters are trademarked, not copyrighted. But no matter, they're still intellectual property and you're quite right that the owner(s) are not going to allow it.

*SEE HOW IMPORTANT IT IS TO UNDERSTAND ABOUT COPYRIGHTS and TRADEMARKS???* And please don't forget: ignorance is not usually considered an acceptable defense when laws are broken.

If I've gotten any of this wrong, I welcome your knowledgeable, informed, well-researched correction. And again: everything I've said is relative to U.S. law alone. BUT, it sure as heck seems to me something being sold in the U.S. from the U.K. ought to have the protections of the law as well.


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## EmmyPrewitt (Jun 11, 2012)

Thank you Knitry. That is valuable information.


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## Ms. Tess (Mar 2, 2012)

Most lawyers give a free 15 minute consult. I would contact one on Monday and find out how to stop this before it gets any sillier. If you have to be the one that "brings the hammer down", then so be it. It is a sad thing that some people cannot just accept your free pattern and make the product and be happy with it. Some have to ride on your coat tails and sell your property to generate an income for themselves. I don't know about where you are, but if someone takes something of mine and sells it, they are guilty of theft. Stop crying and find the number of a good lawyer for 9 am Monday morning.


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## wannabear (Mar 13, 2011)

Well, here is my free legal advice. I learned this in a courthouse, actually, when I was going into court on divorce and child custody matters. The rule is, you don't go into court with 'dirty hands.' That means, don't sling any mud if you aren't perfect yourself. 

"Some have to ride on your coat tails and sell your property to generate an income for themselves. I don't know about where you are, but if someone takes something of mine and sells it, they are guilty of theft."

Who does Zingy belong to? NOT anybody on this website.


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## kangaroo (May 20, 2011)

dwernars said:


> I following a sewing blog of a lady who offers download patterns for free. Well someone downloaded those patterns and tried to sell them on ebay. What this lady did is:
> 
> 1. Contacted ebay
> 2. Sent the seller on ebay a cease and desist email
> ...


 :thumbup: :thumbup: :thumbup: :thumbup:


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## nuttyknitter (Mar 11, 2011)

you can also go in and make a comment that her "customers" can read. Simply stating that if they want the pattern free from the actual designer go to .... and list the URL. I would keep writing to eBay as well but keep doing the posts.


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## missylam (Aug 27, 2011)

Your site says that any sales from the patterns go to the charity, so I am thinking any that this person has sold, that money should go to your charity. I would contact e-bay.


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## raisedontherock (Mar 26, 2011)

I just wen to your website and I noticed that you were selling patterns from other books. I think once an item is printed by a still existing company, they still hold the rights to the patterns therein. I do think that the person on ebay is doing a terrible thing but perhaps not all that different from what you are doing. Please let me know how you feel about this?



hennie said:


> I had a pattern which I offered as a freebie, the idea being that people might then purchase one of the other patterns I have for sale. The money raised goes to our sons memorial fund which in turn goes to epilepsy.org.uk
> Now I have been informed twice now, that there is a seller on ebay SELLING my pattern, apparently she hasn,t even changed the wording.
> 
> Does she have the right to do this??
> ...


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## suebuddah (Aug 26, 2011)

I don't know if she is allowed to do it or not but I hope she reads your post and feels guilty enough to stop selling it, I think it is a terrible thing she has done and it will spoil it for other people if you stop giving because of it, my thoughts and prayers are with you xxx


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## realsilvergirl (Nov 13, 2011)

(BEGIN QUOTE)


Dowager said:


> [
> 
> People selling and buying fake stickers doesn't impact you or your service dog. You still have the same trained dog which helps disabled people. It doesn't diminish the great work these dogs do, it just shows how dishonest some people are.


Actually, it DOES impact her and her service dogs. Those dogs go through extensive, expensive training, and it isn,t easy. Animals who are not that well trained can and sometimes do cause problems. this would make places reluctant to admit even service dogs, as they can't tell the "real" ones from the "fake" ones.

It is just like trying to pass off a dog as a police dog when it hasn't been trained as one. You can just imagine the difficulties that could cause![/quote]
(END QUOTE)

I get what you are saying but here in the U.S. places cannot be reluctant to admit service dogs. They MUST allow service dogs. So even if they get 9 unruly fake service dogs in their establishment but are unable to prove that...they must let in the 10th dog on their threshold! But yeah i see what you mean!

Ps anyone interested read Until Tuesday a book about a serviceman who suffers from PTSD And traumatic brain and spinal cord injury in the war, who gets a service dog. Great book. I saw him speak - very good-and a movie comes out next year...


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## logicfrog1 (Mar 6, 2012)

For anyone who is intrasted[? sorry] interweave's website has a downloadable booklet labeled copyright 101. As I make my own patterns I felt a need to have it. It gives a condensed explainion of copyright ins' and outs'.


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## hennie (Mar 28, 2011)

Regarding Zingy himself. I know he is a character off the advert, I emailed a lady at Edf energy sending her both the pattern and a photo of my creation, I explained what I wanted to do with it, their reply was that they thought he was great. No mention of NOT selling either him or the pattern for charity. 
My beef is not that I think I own the right to be the only one selling patterns etc, but that someone used MY particular pattern for their own profit.

Regarding the vintage patterns I also have for sale, I am (or was) pretty sure that I am okay to sell these as they are in the public domain. If someone can tell me otherwise, I've no problem with removing them.


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## dwilhelm (Dec 29, 2011)

Copyright laws are complex. You need to consult a lawyer.


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## KEgan (Feb 15, 2012)

jumbleburt said:


> I don't know about copyright law, but you have my sympathy. I hope you can stop her.
> Jan


I was thinking the same thing. You could email her and tell her it's your pattern. See what she says.


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## Daeanarah (May 7, 2012)

the person can't claim that she wrote them. that is copyright infringement.
Once a work is put to paper, or computer file it is considered copyrighted. Officially copyrighting it gives added protection.

Also, perhaps you can put a password, meaning that a person needs a password to download, open.

Rhyanna

Check out the faq's on http://copyright.gov/


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## Daeanarah (May 7, 2012)

Ok I need to correct this.

The advice I give is just that advice. It does not constitute practicing law.
I have taken several law classes, (Long story as to why they ended).

If you legally bought a pattern. You can then sell it, but Can't claim that you designed it. You must state who the designer is, or sell the pattern as a whole. Once you sell the pattern, you can't keep any copy of it. Usually copyright will allow one copy for school like purposes (i.e. printing diagrams of the human heart to test people on, print one copy of a pattern because you don't want to mess up the original (guilty of messing up an original). However, again, once sold, that copy must be destroyed as you no longer have the right to the pattern.

I hope that makes sense.
The same holds true for music. Remember the LP Albums, people would record on cassette tape to make it portable. However, once they sell that LP, they must get rid of the tape.
Same thing with CD's, make a cassette tape backup, once they sell the cd, or give it away to someone else, they can't keep the copy they made.
No one can claim your design as theirs. Not even if they alter it a bit. 
I would recommend for added protection, filing a copyright on your designs. Please read the US Copyright website. If you have any questions on US Copyright Law, contact them. They will reply.

http://copyright.gov/ this is the website for the US Copyright Office.

Again....you can't claim a pattern, design as yours unless you actually created it.

I hope this helps.
Crafts are easily stolen, because people think if its on the internet, then they can take it. People also seems to think there is a "poor mans" copyright.
THERE ISN'T.
As the other person has stated, once an idea is put on paper, cd/dvd, film, it is copyrighted. However, you can't copyright an idea.
By the way, the zingy, copyright symbol...It is a universal symbol. Besides registration, some countries state that there must be a copyright notice attached to the copyright item. Here in the US, as long as you put it on paper, website, or other tangible form, it is considered copyright.
Getting it officially copyrighted, affords you more ways to file a "infringement" claim against someone who is claiming your work as their own.
Again, check the legal-official Copyright Office in your country. Here in the US it is www.copyright.gov


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## wannabear (Mar 13, 2011)

By the way, the zingy, copyright symbol...It is a universal symbol.

What are you saying there?


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## joanh8060 (Apr 22, 2011)

prismaticr said:


> You know your work is copyrighted, and there are a ton of articles here and all over the internet about it. You need to grab just one article and the contact e-bay and report the seller as illegally selling items he/she does not own the right to sell. E-bay has forms for this, and take these matters quite seriously. You also need to correct your website tag line to say that free patters are free for YOUR PERSONAL USE, and not to be sold... etc.....


Yeah! I am sure you appreciate that information. I hope you make the effort to follow up on it. That is just sooWRONG! 
You have my empathy. Years ago I wrote the first manual /handbook for people, mostly 4- members, raising puppies for Leader Dogs for the Blind. It was printed under Michigan State University's imprimatur. The next handbook was written by one of the staff member's at LDFB and without so much as a "may I" or an other form of acknowledgement lifted a whole chapter from my manudcript. When I confronted him with the fact he claimed it was in the public domain ......but he did not credit MSU either. It called plagiary plain and simple and its illegal. The incident left a very bad taste in mouth but no money was involved. 
The young man I taught to kinit socks last winter is an epilepsey sufferer. Do I offer more empathyy for your loss. Joan 8060


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## Bebekka (Jun 4, 2011)

Love your cats! We just said our final goodbye to an abandoned that has lived with us since 2005, receiving i.v. fluids for kidney disease since 2008 -- now we have 7 left ranging from 13 yrs. old down to 8 mos. -- feral and abandoneds.


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## dwilhelm (Dec 29, 2011)

You have to go through a legal procedure to copyright an item. There are forms to complete, etc.


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## bonbf3 (Dec 20, 2011)

So the mark designating copyright is called the zingy thingy? Who knew!


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## wannabear (Mar 13, 2011)

No, the copyright symbol is not called a Zingy.


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## Chezl (Mar 12, 2012)

dwilhelm said:


> You have to go through a legal procedure to copyright an item. There are forms to complete, etc.


No you don't. Just writing the pattern down means it is copyrighted. I just read up about US copyright laws.


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## realsilvergirl (Nov 13, 2011)

Aren't the Minions property of Disney Pixar?


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## Knitry (Dec 18, 2011)

hennie said:


> Regarding Zingy himself. I know he is a character off the advert, I emailed a lady at Edf energy sending her both the pattern and a photo of my creation, I explained what I wanted to do with it, their reply was that they thought he was great. No mention of NOT selling either him or the pattern for charity.
> My beef is not that I think I own the right to be the only one selling patterns etc, but that someone used MY particular pattern for their own profit.
> 
> Regarding the vintage patterns I also have for sale, I am (or was) pretty sure that I am okay to sell these as they are in the public domain. If someone can tell me otherwise, I've no problem with removing them.


Glad to hear you got clearance for using the Zingy image.

As for your vintage patterns, I have absolutely no idea how UK law treats the issue, but in the United States, copyright extends for 75 years after creation of a work covered, or 50 years after the end of the author's life. SO, I hope you won't be trying to sell U.S. patterns that aren't that old. And actually, having said that, the were earlier provisions in the law (prior to 1978, I believe) that may apply to works created back then.

So you should definitely research the whole thing. Google serves up a wealth of information.


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## grammasandi (Apr 10, 2012)

Thank you for posting your site ! I have bookmarked you so that when I don't have so many "WIPS" I can have some fun with your creations!!! I am sorry that there are people about who would do this . Hope you can set them straight.


hennie said:


> mirl56 said:
> 
> 
> > I'm not sure what you can do. I don't knoe if just writing the person would make them stop or not.
> ...


 :thumbup: :thumbup: :-D


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## Daeanarah (May 7, 2012)

The only legal thing a person has to do....
Again once an idea is on paper, other media, it is considered copyrighted here in the United States.


It just helps to have your work registered with the copyright office, especially when someone takes your work and claims it as their own.


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## wannabear (Mar 13, 2011)

I had not ever seen the Minions but I was reading this last night when my daughter came in and said "Oh, it's the Minions." And yes, Pixar owns them. To be honest, I've seen the Olive You and the heart elsewhere, but I don't remember where now.


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## dwilhelm (Dec 29, 2011)

I am a retired librarian. I have just been on the official US Copyright law website. The forms are there for you to register a copyright. There is a fee for filing the forms. If you do not register your work, get a valid copyright, you have little legal recourse. 

I will say that I know nothing of patterns themselves, but just of "print" material, which now includes the internet.

What if you and I came up with the exact same pattern and you filed for copyright and I did not? You would have ownership, I would have to prove the work was mine.

If you want to maintain ownership, do not publish anywhere, including the web, until you have the copyright in hand. You then have legal documentation that the work is yours. 

This goes for patents as well. I know a person who shared an idea with someone, that person then filed for a patent,got the patent, then sold the product. The true inventor just lost out. 

Go to your local library and talk with a librarian to make certain to you that you have a book or an official website that gives you the true facts and requirements of coypright.


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## vpatt (Dec 24, 2011)

I still don't understand how you can get a copyright because I don't know how you could check thru zillions of patterns to know that it hasn't been copyrighted already. It would almost always have a different name than what you've used. How many patterns do you think have been copyrighted? Unless the copyright office is going to check for you.


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## LaluBoatie (Apr 4, 2011)

I am sorry to hear someone has taken advantage of your good nature. I did use your free download light bulb pattern, but it was to make a light bulb for a friend who had just been diagnosed with Stage 4 Follicular Lymphoma. It was for her to take to Texas with her when she went to see her doctors there and to keep her spirits up. It did as I had hoped, you can't help but smile when you look at the thing. It is just too cute. So thanks for your positive nature and I hope things work out. By the way my friend was told she was not a true stage 4 and after Chemo and radiation is in remission! Positive thoughts breed positive results. Sending my positive thoughts your way!


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## i knit (Jan 17, 2011)

made me very sad to read this i hope you can stop her!


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## 1artist (May 24, 2011)

If you have a friend who is an attorney, perhaps he would write a letter on his letterhead threatening a lawsuit if she doesn't immediately desist and remove the pattern from eBay. You could also report her to eBay and they will remove it. d


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## Patty Sutter (Apr 17, 2012)

Contact eBay, this should NOT be allowed!


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## Knitry (Dec 18, 2011)

vpatt said:


> I still don't understand how you can get a copyright because I don't know how you could check thru zillions of patterns to know that it hasn't been copyrighted already. It would almost always have a different name than what you've used. How many patterns do you think have been copyrighted? Unless the copyright office is going to check for you.


Are you confusing copyright with patent?

If you write a short story, you don't need to search to see if it's already been written.

If you create a particular unique design for a beanie hat from your own imagination, you don't need to search anything to see if it's already been done by someone else. (There is always a chance with something like this that something you DID see registered on your subconscious and you later came up with it, but that isn't really all that common.)

Patents, however, which are all about inventions, can't be granted until there's been a "patent search" to determine if anyone else came up with it and patented it first. And that's ALL I know about patents. 

But again, you do not have to go GET a copyright. It's automatic. You can, however, register your copyrighted work with the U.S. Copyright Office if you want to.


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## tassoni (Jan 8, 2012)

i hope if she were a member of our community action is taken against her here also.
is she taking credit for designing the patterns? if so i would get some legal advice.


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## vpatt (Dec 24, 2011)

Knitry said:


> vpatt said:
> 
> 
> > I still don't understand how you can get a copyright because I don't know how you could check thru zillions of patterns to know that it hasn't been copyrighted already. It would almost always have a different name than what you've used. How many patterns do you think have been copyrighted? Unless the copyright office is going to check for you.
> ...


I think it would be entirely possible for 2 people to come up with the same 'pattern' at the same time. (there are only so many ways to make a hat, for instance). So if there is a dispute over who came up with it, how would it be settled? And how do you know that another person has not already made that pattern? Lol, I think I need to quit following this as I haven't yet seen the answers to several questions that people have. Or there are different answers.


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## Knitry (Dec 18, 2011)

Nevermind.


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## mavisb (Apr 18, 2011)

She can be charged and it would cost her a lot of money to fight a court case. I would go for it, it is a devious way to make money. Let her know that you know what she is up to and I would put the words :I am going to seek legal advice with regards to you selling my patterns without my permission" she is a cheap person seeing as the proceeds are going to a worthy charity cause.


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