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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3424
Experience:  Experienced in intellectual property law
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I'm needing a answer concerning copyrights, but I 't have

Customer Question

Customer: I'm needing a answer concerning copyrights, but I don't have the money to pay anything right now, can you still answer a quick question?
JA: Thanks. Can you give me any more details about your issue?
Customer: My wife stitched a doll house sized rug from a pattern she found in an online magazine. She wants to sell the rug. Can she do so without infringing on any copyrights the original pattern falls under?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Intellectual Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: I can wait.
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Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 11 months ago.

Hello, assuming that the original pattern is under copyright protection then copying it exactly or substantially similarity for commercial purposes would be copyright infringement...BUT if she is only selling one copy then that is "de minimus" / personal use and would not give rise to a copyright lawsuit due to the lack of damages and it being very unlikely that the copyright owner would find out or care to pursue any action. If she is making/selling more copies then the risk goes up, especially when being advertised online.

Expert:  Alex Reese replied 11 months ago.

let me know if you need clarification. there are many situations in copyright law that would be infringing strictly speaking based on the law but practically speaking would not be considered an actionable infringement (in part because there would be no damages to recover because the scale is so small, and certainly not enough to warrant a lawsuit)

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