Mimis
Frequently Asked Questions
Selling Dolls Made From
Another Designer's Pattern
by Gloria J. "Mimi" Winer
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Many of us need to sell the dolls we make to support our habit. Here are some things you should know about selling dolls made from
other designer's patterns.
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If you sell a doll made from a pattern without the designer's
permission you are violating the law. It is a "derative work" and is
expressly covered under the Copyright law. You could be sued:
If the work is registered within three months from the date of first
publication, you can be sued for
statutory damages. Statutory damages can be up to $100,000 plus attorney fees and court costs. How much you will have to pay depends on whether the court
thinks the infringement was malicious.
On a practical basis, nobody wants to sue and take away your house for making a copy of a pattern or selling a doll made from a pattern. If you make a few copies of a pattern or sell a few dolls on a local basis without attracting much attention, you will be breaking the law, but you aren't likely to be caught. On the other hand, if you set up a factory and produce thousands of copied patterns or dolls, you are certain to get caught and certain to pay a whole lot.
Some designers, such as myself, Kezi, elanor peace bailey, Sally Lampi, and others,
give you specific permission (stated right in the pattern) to make
and sell dolls within some limits. Here's what I put in each of my patterns:
You can sell dolls made from this pattern.
When the doll is completed add the copyright symbol (a "c" in a circle ©), my name ("Mimi"), your name as dollmaker, and the date.
You can sell as many dolls as you can make entirely by yourself as long as you don't set up a factory.
Most other designers simply limit you to 100 dolls or 100 dolls a year.
If you are in doubt, request permission from the designer. If the pattern is in a magazine or book, request permission from the magazine editor or the book publisher.
Most designers will give you permission if you write and tell them:
You will only be selling a limited number. (Tell them how many or how many per year.)
You will mark each doll with their copyright and designer credit.
How you will make the dolls different or special.
That you will mention the pattern name and the designer's name and address on the hang tag or piece of paper that comes with the doll.
Copyright © Jim and Gloria Winer.
You may make a copy of this article for your own personal use.
Copying for commercial purposes is prohibited.
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