« Is this ok? | Main | Photos! »

An unsatisfactory conclusion

September 26, 2009

Thank you so much to everyone who offered advice and opinions on this post. Everyone disagreed quite a lot, which is where all my confusion on the topic comes from in the first place! But it was really interesting to read all the different perspectives. I guess the only way to get a definitive answer is to consult a lawyer, and I really can't afford to do that over a charity sale! I might as well just give the money I would pay the lawyer to charity instead.

I contacted Rowan, fully explaining the situation and received the following response:

"Dear Ms Devine

Thank you for your query. Unfortunately Rowan cannot give you permission to sell the garments that you have knitted up due to as you are aware of the copyright reasons.

Many thanks"

This email makes me cross. It's not the refusal I object to, as I can see from comments some of you made why they might refuse, but the tone! I've been buying yarn from them for 10 years, I just wish they cared enough to put together a proper sentence. I emailed them back and asked exactly which part of what copyright law I would be infringing, as even though they seem to think I know, I actually don't, but I doubt they will reply.

So I will have to look into other options. Maybe I can give my sweaters away, and then the person I give it to can give money directly to a charity. That would work, although would rely on some trust. Maybe I can do what Sil suggested and give them to a women's shelter.

Either way, I have next week off and will try to sort something out then, even if it's just picking out the sweaters to go, and washing and blocking them all ready for donation.

Thanks everyone!

Posted by jen at September 26, 2009 07:56 AM

Comments

How about setting up a Just Giving page for people to donate to a charity and then holding a raffle at the end of the donation period, for the people who donated to win the sweaters that you want to clear out? That way no money changes hands between you and the recepient and the sweater is a prize rather than a purchase.

I for one would love to win one of your sweaters!

Posted by: Jackie at September 26, 2009 09:56 AM

I already emailed her directly to say - but I think this is a fantastic idea, and I will probably do this or a very similar variant of it. Jackie is a genius!

Posted by: jen at September 26, 2009 10:38 AM

Wow that is a great idea! I can't wait to see what you can raise for charity!!!!

Posted by: Lauren at September 26, 2009 04:16 PM

http://www.tabberone.com/Trademarks/HallOfShame/AmyButler/AmyButler.shtml

Rowan is wrong and you can sell your items on Etsy or wherever you like as long as you do not misrepresent them. this link should provide some useful info.

there is no confusion in the law. NOW - that is US law. I do not know if there is some special law in the UK that is different. I kind of doubt it, since Rowan sells their items here as well. (i'm in the US).

As a pattern designer what i sell is a pattern, not the eternal rights to every object ever made from that pattern.

Posted by: michellenyc at September 26, 2009 05:19 PM

Just my two pence, but how about if they were listed on Ebay instead of using Etsy? If Rowan or the designer tried to argue that you couldn't sell them on there (especially if they had one of those this goes to charity buttons on the page) then they would be arguing against the whole point of Ebay, to sell secondhand things, and would have a giant of a company up against them for trying to suggest people can't sell second hand items. I'm not a lawyer so i don't know how well it would work, but it might be a more secure way of selling them rather then having them in an Etsy shop (i understand that Etsy has set prices in people's shops, where as Ebay is an auction, if Etsy does do auctions then i'm not sure if that would make a difference) you could even set a guide price if you want to make sure you get a decent amount for the charity? And maybe link in a post on here to the items so they get the right publicity.
Something someone with more knowledge about the subject could contribute to?

Posted by: Georgina Carr at September 26, 2009 09:22 PM

Wow! What a can of worms you've opened up! I have no idea either way, but from reading the comments it looks to me that you are allowed to sell your items, it's just that some designers/pattern writers would rather you didn't, which is an entirely different thing. If you're legally allowed to sell your items then you should. If pattern writers don't want you to sell the items made from their patterns then they should address this in law. Clarification from Rowan would help. Saying they can't give you permission isn't the same as saying it's illegal for you to sell. But, as you only want to clear out your cupboards and raise some money for charity perhaps you'll find an easier route to achieving this. Good luck!

Posted by: Paula at September 28, 2009 07:37 PM

Good for Jackie! I've just caught up with these posts and had been thinking something similar all along. Donations are quite a different kettle of fish, and you really can't go wrong with giving away prizes.

Posted by: Jyoti at October 7, 2009 03:49 AM

I think since you've already contacted the company and they did not approve of your request, you need to do the idea suggested by Jackie. It's a great idea and still gets you to your desired end result. I'm sure that someone at the charity of your choice would be up for helping you facilitate the process, since they would benefit in the donations.

Posted by: Sara G at October 14, 2009 02:23 AM

I think since you've already contacted the company and they did not approve of your request, you need to do the idea suggested by Jackie. It's a great idea and still gets you to your desired end result. I'm sure that someone at the charity of your choice would be up for helping you facilitate the process, since they would benefit in the donations.

Posted by: Sara G at October 14, 2009 02:24 AM

I have sprint and I heard the new Instinct will be close to the iphone but will it have the real internet like the iphone does?

________________
unlock iphone 3g

Posted by: Velay at October 25, 2009 04:42 PM

I've created a couple of ringtones through the site Ventones, but when I send them to my iPhone, I click the link in the text message that they come in but all it does is play the song. I don't know where that song goes on my phone or how I can make it a ringtone. Any help? Thanks.

________________
unlock iphone

Posted by: Velay at November 21, 2009 01:47 AM

94TzMu gxhxddybucaw, [url=http://xpukemoxvdbs.com/]xpukemoxvdbs[/url], [link=http://aoxaumxfswre.com/]aoxaumxfswre[/link], http://hrvzvmobnbyx.com/

Posted by: uzfwucbjje at December 15, 2009 11:25 AM

At my new work, due to firewall limitations, I cannot install the VT Trader, a software from CMS Forex. Therefore I need to buy a device, Im thinking Blackberry or a Windows Mobile and then look for a new broker dealer to start trading. Anyone knows about Mobile Forex Trading?
best forex software

Posted by: Velay at January 4, 2010 08:07 PM

I want to get a book on Forex but I am not a beginner. I would like to learn better strategies.
best forex software

Posted by: Velay at January 4, 2010 08:48 PM

Hi

There are tons of ideas on how to make a living in this world. I know casue I tried a few, and I guess you have done the same.

I got tired of the 9-5 grinding that many of us do and wanted to something else, to be in charge of my own life.

How do I make a living today? check it out here.

ATB

Posted by: CerryKesjar at February 6, 2010 01:59 AM

After reading you site, Your site is very useful for me .I bookmarked your site!

Posted by: account money at February 27, 2010 02:07 PM

After reading you site, Your site is very useful for me .I bookmarked your site!
I am been engaged 10 years on the Free finance personal software If you have some questions, please get in touch with me.

Posted by: finance personal software at March 1, 2010 10:21 PM

After reading you site, Your site is very useful for me .I bookmarked your site!My Home free battery

Posted by: free battery at March 6, 2010 02:30 PM

Post a comment




Remember Me?