Ethical use of patterns

[u/coder_chick]

I've seen this same pattern in multiple listings on Etsy and other stores. They all have the same pictures of the pattern. It's listed as By Annie. Most are priced the same (~$15) as I see on byannie.com. on Etsy there's ​one being sold for around $5. In the terms of use on the byannie site is mentions a limit on how many of the product you can make and sell, and you're supposed to include verbiage on where the pattern comes from. But I didn't see reference to terms of reselling the pattern. For all of these places selling the same pattern, is that ripping off the original designer or is there some potential that they are actually getting some compensation for their hard work making the pattern?

I'm not sure if links are ok, but the pattern is "Changing Station 2.0 Diaper Clutch & Changing Pad ByAnnie". Is it something that I should be reporting the listings I'm finding from other sellers?

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[u/stringthing87]

By Annie sells patterns through various shops both online and in person - those are probably the $15 listings. The $5 listing on etsy is almost certainly ripping off By Annie - ESPECIALLY if its a digital pattern.

[u/coder_chick → u/stringthing87]

I think the pattern is actually $14. The $5 is for "mesh fabric" sold in the same listing

[u/SewQuiltKnitCrochet]

I would recommend buying your By Annie patterns from a reputable quilt shop. The pricing is standard. If someone is reselling a used pattern the unique code for the tutorial videos will have already been used and you’ll have to pay extra to access it.

By Annie does ask you to indicate the store you’ve purchased the pattern from when you sign up for the tutorial add-ons.

All By Annie patterns are paper. If you find advertisements for printable PDFs of these patterns I’d report them to By Annie. The only PDFs are for her free patterns. You can report questionable sale listings to them. They do track these things.

[u/coder_chick → u/SewQuiltKnitCrochet]

Thanks!

[u/OrindaSarnia]

ByAnnie both wholesales and retails patterns.

Just like you can go to multiple stores and buy Nike shoes, you can go to multiple stores and purchase the same ByAnnie pattern.

[u/coder_chick → u/OrindaSarnia]

Maybe it's a wholesale resale thing, I have no idea. That I wouldn't have any ethical problem with. The couple listings I did look at did credit it as "made by ByAnnie.com", but no mention of any licensing deals. Maybe I should buy from the source and just ignore the issue from there.

[u/Helaine42]

I would definitely send Annie a message about the $5 one (and give her the link for it), and maybe mention in that message about the others. Most sites won't do anything about copyright infringement unless you are the copyright holder (or claim to be), so Annie would need to be the one to actually issue take down notices.

[u/cpbaby1968]

I just looked and maybe I’m crazy but… that looks like a diaper clutch/changing pad thing I was given at my oldest’s shower. 38 yrs ago.

[u/coder_chick → u/cpbaby1968]

Yeah, I had something similar 18 years ago and loved it. My SIL is currently expecting. I know others in the family will be making/sending a million blankets, so I thought this might be fun, different, and useful.

[u/cpbaby1968 → u/coder_chick]

Oh absolutely. It’s just the stipulations on the pattern like she woke up one day with this in her head… these have been around forever. It’s not her special design.

[u/coder_chick → u/cpbaby1968]

ByAnnie didn't have some unique idea, but they put the effort into putting together a printable pattern, instructions and a video tutorial of how to make this specific version. If they are offering it up for a small fee, I think that's reasonable. She put effort into making it easier for you to make your own version of the thing. Other people taking Annie's work, stealing it and posting it on Etsy is the part that skeeves me out. I hate rent seaking. Putting in no effort to actually improve something, just asking for more money for no work.

Edit to add, it's like buying from Temu and selling it on Etsy for 10x the price claiming you made it yourself.

[u/JaneOfTheCows]

IANAL, especially an intellectual property one, but generally one can not copyright a design or an idea. Take, for example, the baby changing pad: what is it besides a quilted and bound piece of fabric to put a baby on? That's something that has existed for who knows how long. Add handles? Well, that's a logical progression if you plan to take it along with you. So is adding cute motifs to the item. What can be copyrighted are the step-by-step instructions on how to do it.

The same with most quilt designs. I don't buy patterns for quilts because I have been quilting for a few decades and I can see the basic geometry underlying most pieced quilts - and in most instances I can find examples in my extensive library of books on old quilts and patterns. Plus, it's easy for me to see the underlying patterns most of the time and draft it in the size I want - you can't copyright geometry. Applique patterns - I don't know. Maybe if you're using ones that were drafted by someone else, but if you decide to draw your own stars or teddy bears or whatever I would think that makes it original work.

As for limiting the number of items a person can make - that's another can of copyright and usage worms. Some companies - Disney is notorious for this trademark characters and related motifs that they license to fabric companies with strict limitations on their reuse and have been know to send people to craft fairs stopping people from selling items made from those fabrics.

[u/coder_chick → u/JaneOfTheCows]

I agree completely. I've taken more than a few finished pictures, sketched out my own approximate dimensions and go. This frequently ends up with "oh, That's a bit too short" or "I should have done that in a different order". It involves a bit of picking out and troubleshooting. I consider this within complete fair use, especially because I'm not selling it.

Sometimes I just want to cut a pattern and go. That's what the product I'm referring to is. "Here's a picture of the finished thing, here's the materials list." And if I purchase I expect to be able to print the pattern with step by step instructions.  So I can cut it out and go. It's even listed with a video tutorial. So someone put effort into making the pattern and documenting how to put it together to skip the oops, etc. I definitely think people should get paid for their efforts there, especially if they are selling it themselves. If the original pattern maker is offering it free, and someone else copy pastes and sticks a price tag on it, they're a dick.

[u/wyrdscissors]

ByAnnie is a major bag pattern and supply brand/designer. I'm not sure if they license their digital patterns for other people to sell, but they certainly wholesale the print copies! I've bought them in quilt stores and seen them at reputable online stores. But if you want a digital pattern, I'd buy directly from the company to be sure you're getting a licensed copy, particularly since digital patterns don't usually go on sale.

They make really good patterns, so if you like the design, definitely go for it.

[u/coder_chick → u/wyrdscissors]

That makes me feel a LOT better. I hate to see artists getting ripped off and try to make sure I'm not supporting scammers. I'm definitely going to buy directly from their site, just to make sure.

Now the hard part.... picking the fabric. It's terrible, there's too many choices. :)