Sewing Pattern Copyright Law – Myths Debunked!

sewing pattern copyright law

There were a couple of articles in July that had a lot of interest, both about sewing to sell.  How to price your work and a round up of projects that are good to sell.

Sewing to sell. How to price your work. Several different methods discussed and a handy worksheet to give you a range of selling prices.

Ideas and tips for sewing for selling. What do you need to consider and links to some great projects that could be good profit-makers.

Good to see so many people were interested in this subject, but at the same time I got such a lot of emails telling me that it was illegal to sell things you had made from either someone else's sewing pattern or from licensed fabric.  Or that you had to buy a licence from the pattern designer if you wanted to sell an item made from their pattern, known as a cottage licence.  Or that if you want to make more than one item (such as 3 matching bridesmaid dresses) that you have to buy a new pattern for each person!  Sadly it only proves that there is a lot of misinformation out there that is holding you and your business back!

So I got in touch with a couple of contacts, one of whom is a lawyer, and another who has a lot of personal experience in copyright law, and scoured the internet looking for definitive advice on this subject.  There is too much nonsense out there.  I had to wade through a lot of people who were apparently stating a fact but in the end were just really passing on hearsay and opinion without any basis in fact at all, and thereby just perpetuating the myth that you cannot sell certain items.

I'm trying to put the record straight here in an easy to understand way, but at the same time it is a VERY complicated area and opinions, even legal opinions, can sometimes vary.  Please therefore make your own enquiries with your lawyer if you wish to set up any kind of business and think these sort of restrictions might apply to you and your products.  Different laws may also apply to different regions of the world.  Check your local laws.

Sewing pattern Copyright law – myths debunked

I'm aware that some of which I state here below may be controversial, and not everyone will either agree with me or like what I say.  Of course as usual all comments and feedback are welcome.  If you do make a statement of fact that relates to the law regarding sewing patterns and copyright, that contradicts any of these statements below, please provide a source in law where such information can be found and verified.  Saying this isn't true because I read it on the internet, only provides even more confusion and passes on inaccurate information which is something we are trying to avoid.

sewing pattern copyright lawphoto credit: Disagreement via photopin (licence)

1 – If you make something yourself from a commercially available sewing pattern, it is illegal to sell it because of copyright laws.

Not true.  A sewing pattern itself may be subject to copyright law, but that is only the pattern illustrations, diagrams, written instructions and the pattern envelope art (sometimes, again there are limitations).  That means that you cannot simply photocopy or scan in the sewing pattern and then sell copies of it.  Naturally, I'm sure you wouldn't do that.  Although if you look on Etsy there are plenty of seemingly illegal copies of sewing/knitting patterns and even scanned copies of whole books on there.  But that's another matter for another day…

You CAN sell things that you make from sewing patterns, with only minor limitations (see later).  A pattern is simply that – a template to follow to create a uniform item.  You add your own artistic flare to what you create using that template.  What you make is your property and is yours to do with as you will.

sewing pattern copyright law
Will this happen if you sell what you sew? Absolutely not.

In legal-ese.  Patterns for clothing and other useful items generally are not copyrightable. See Supreme Court – Baker v Selden, 101 U.S. 99, (1878).  Even if patterns were copyrightable, the product made from the pattern would not be covered  by the copyright. see Baker v Selden, (1878). Copyright owners only have the rights defined under copyright law and cannot make statements that restrict the subsequent use of their product once they have sold it. see Supreme Court – Bobbs-Merrill Co. v. Straus, 210 U.S. 339, (1908)

As you can see, these Supreme Court rulings established certain factors over 100 years ago, and those have not changed since that time.

You might enjoy this interesting TED Talk about copyright in the fashion industry that explains how utilitarian items cannot be subject to copyright.

So if I saw a cat-walk dress I loved, I could create a pattern for how to make a similar item and you could all sew up similar dresses, no problem. That's how the high-street stores are able to create copies of designer clothing.

2 – If you buy an ‘indie' pattern and then find right at the end it says for personal use only, or not for commercial use etc, then you aren't allowed to sell any items you make using that pattern.

Not true.  These terms are trying to impose a contract between the pattern seller and the buyer.  But for a contract to be legally binding, both parties have to be fully aware of all of the terms of that contract and both expressly agree to them before entering into that contract – at the point of the purchase of the pattern.

In legal-ese. Unless the purchaser agrees to the restriction before the sale. the limitations on the product do not apply.  (Bobbs-Merrill Co. v. Straus) The non-commercial limitation is not legally binding upon the purchaser because the manufacturer lacks the legal standing to make such demands.

3 – What about the designers who want to charge you for a ‘licence' to sell what you made from their pattern? 

Angel licences, sometimes called cottage licences, are agreements between two parties. If you purchase the pattern without first agreeing to limitations the same applies as in #2. These licences are attempts by designers to get around copyright law.  Don't fall for it and pay out money for a licence you don't need and isn't worth anything.

If a pattern designer expresses their wish that you do not sell items created from the pattern, then you may decide to simply use another pattern, there are lots out there.  Don't waste your time and money on pattern designers who are overly-restrictive or unco-operative.

sewing pattern copyright lawphoto credit: Pattern via photopin (licence)

 

4 – You can't sell items made with ‘licensed' fabric, such as Dr Who fabric.  That's illegal and the BBC will come after you for making forgeries, illegal copies of their products or going outside of the licence agreement for the fabric.

Not necessarily true.  Licensed fabric means the design was licensed by the rights owner to be manufactured. The licence is between those two parties, not between the manufacturer and the fabric buyer.  There is no license on the use of the fabric as long as the user insures that when selling the items it is very clear to any potential purchaser that the product is not an officially licensed product but rather made from licensed fabric. We suggest users include a Disclaimer when advertising anything made in this way.

Read more about the use of licensed fabrics here. Are there ‘restrictions' printed in the selvege edge of your fabric?  These restrictions aren't legally binding on the fabric purchaser – read more about that here.

sewing pattern copyright law

5 – What about those designers who insist you ‘credit' them by adding a notice to your sales pages and a tag to the item saying it was made with their pattern? 

Depends where you live.  American copyright law does not require the original author be given credit as you describe. European copyright law does require attribution but Congress declined to add that to American copyright law.  Their demands for credit are not legally enforceable.

6 – You must purchase a pattern for EVERY item you make.

Not true.  Patterns are reusable and there is nothing in the law that allows any pattern designer/manufacturer to set such a limit on the number of items that can be produced from the pattern, even if they are items of clothing intended for different people.  Imagine if you had two daughters and wanted to make them matching dresses – why would you need to buy two patterns?  The same applies even if you are sewing items to sell.

Coming up next

I'll be following up with my opinion in the next article about why I think pattern designers and companies try to put these restrictions on their products.  I'll also be happy to tell you more about what is and isn't allowed with So Sew Easy patterns too – basically that's just common sense.  You know what's right and wrong!


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Susan
Susan

If I see a quilt pattern from a magazine that is out of business and I cannot find the pattern for sale can I trace the picture and give the drawn picture to a friend to make the quilt or make the quilt myself for my personal use?

Terry Morris

Thank you so much for stating these facts! So many designers of knitting and sewing patterns are just too proud of their work and make these ridiculous statements. I have published about 200 knitting patterns and know that only my words and charts are copyrighted. Make as many items as you want, sell the finished items with pride!

Shelby
Shelby

Is it legal for me to draw and sell a sewing pattern of a cartoon character that people can buy to print out and sew for themselves?

Mayra Cecilia
Admin
Noble Member
Reply to  Shelby

Yes, it is. Why not create your characters?

Frank
Frank
Reply to  Shelby

If the cartoon Charakter is your own creation, yes, but just drawing M Mouse yourself will make it your design.

Jade Campbell
Jade Campbell
Reply to  Shelby

Shelby, If it is say a Disney Character or registered Toy/Doll character, then that is patented/Copyrighted – so no you can’t. These Corporations have a vested interest in sueing all who breach their Character Copyright/Patent /Image/Story Development, Movies, Board Games and the like as there are many peoples’ livelihoods and years of development involved. But there is nothing to stop you drawing your own Character and creating a Template pattern from that, in multiple sizes, then add appropriate seam allowances and construction methods preferably with a photo tutorial “How To”, create a Story Card/Booklet to go with it, introducing your character – and voila you have something valuable to sell, Then perhaps a couple of sets of garments to go with it. Something you can be proud of.  😀 

Shannon Winkler
Shannon Winkler

Clarity on point #2. If the designer of a pattern states at the bottom of description “ for personal use or gift giving…do not resell items made from”, etc. Is this binding “contractual” lingo if a person went ahead and purchased the pattern? I see often “by purchasing this, you agree to these terms…”

Jill Jensen
Jill Jensen

If I purchase a pattern and then make changes and adjustments to it does it ever become okay to print it as my own? If I give credit to the original pattern as inspiration then could I publish as my own?

Brittany
Brittany

Thank you for looking into this! I’ve been confused for YEARS on this subject. I can now more forward with more peace of mind.

Joyce
Joyce

Can you sell craft items made from Disney license fabric?

Susan Gardner
Susan Gardner
Reply to  Joyce

I would be interested in this answer. I have always hear that the Disney “Police” will sue a person for doing it.

Katrina
Katrina
Reply to  Susan Gardner

My understanding is you can, but need to be careful not to use trademark terms such as Disney. It’s the use of trademark terms in advertising the product, not use of licensed fabric that is the issue.

Beth
Beth

What about video tutorials made using someone else’s pattern? Are you allowed to do that? For instance, if I find a project I like and watch the original maker’s video on it, then decide I’d like to do my own video on it using their pattern/directions, can I do that? Would I need permission from the original creator or can I just link back to them? And how do I even know they are the original creator?? I find this many times, when I will buy a pattern (usually a PDF) and that person will copyright their pattern and say they are the original creator. But then later, I’ll see the exact same project/instructions with someone else saying THEY are the originator. So how do I even know for sure???? This is what is confusing to me. I don’t know what the law says but I personally feel like if I make a video and give credit to the person I *think* is the original creator, that even if I use their pattern it should be okay. Because ultimately if I am linking back to them, aren’t I helping them out by telling people to buy their pattern??? Thoughts??

Kim
Kim

Is it legal if I see a pattern online, reverse engineer it, and make it for my own use (not to sell)?

Cindy B
Cindy B

Some patterns and designers have rules but rules are not the law. We had a class on copyright issues in high school home ec class when we used bought patterns for clothes and projects. That was when Home Ec was an everyday school class for two school years and very comprehensive.

Niamh
Niamh
Sonia Edwards
Sonia Edwards
Reply to  Niamh

https://www.gov.uk/government/publications/copyright-notice-knitting-and-sewing-patterns/copyright-notice-knitting-and-sewing-patterns

The facts are in this link. It would be interesting to know which law firm gave you the information to write this blog in this way.
The information that you are telling does not apply in the United Kingdom and could lead people to to become sued by people who own design rights.

Sydney
Sydney

This is a great article. I too was buying into this myth and glad I did a little googling before passing on incorrect info. Instead I’m linking them to your article.

Elizabeth Rose
Elizabeth Rose

I’m confused, if I buy a sewing pattern and make a doll from it is it okay for me to sell it? she said it’s for personal use and that she doesn’t want us selling the dolls we made?

Jetana
Jetana
Reply to  Elizabeth Rose

From what I am getting through this article, since you know about the stipulation upfront (Before you buy the pattern), you are agreeing to those terms when you purchase the item and therefore cannot sell dolls made from that pattern.

If you buy the pattern and then find out afterwards (say it’s located on the pattern itself but was nowhere available to see before purchasing) then you were not aware of the designers terms and couldn’t possibly agree to it before spending your money on that pattern

Jess
Jess

Thanks for this straight-forward article! What are your thoughts on patterns that limit mass production? Thank you!

Mayra Cecilia
Admin
Noble Member
Reply to  Jess

Yes, there is where people get in trouble all patterns are covered by law even if they are not marked. Plagiarism, copyright law infringement, loss of income and future revenue are just a few things that a lawyer can grab into to make a case.

pamela
pamela

This was very fascinating and very useful. Thank you so much for writing about this.

I have a question regarding beaded jewelry tutorials on YouTube. I have watched a number of jewelry tutorials where the teacher/designer creates a design piece using a set number of specified beads and a set manner of sewing them together into a pattern. She specifies the size of the beads and sometimes the colors and tells us where we can go to purchase them. She then demonstrates exactly how to sew the beads together to create the pattern that she has designed. We do not pay for these lessons except through viewing them on YouTube. But she gets paid by having lots of students view that particular tutorial.

But at the bottom of the page inside the YouTube description area, she will say “you can make this for personal use only. You cannot make them for online sales.” I am wondering, and this is my question, if we learn how to make a certain piece of jewelry from this teacher’s tutorial, which is described and promoted as a tutorial to learn from, don’t we have the right to continue making more and selling them if we wish. I know we do not have the right to use the teachers YouTube video to teach how to make the design. But once we learn the design, don’t we have the right to make several pieces and to sell them even if the designer/teacher says that we cannot sell them?

Mayra Cecilia
Admin
Noble Member
Reply to  pamela

Hi Pamela, you need millions of views to be paid, YouTube has changed the rules and every year is less and less money because you need more and more views every month. To be able to make money you need a minimum of 10K subscribers and 100,000 views a month then you can see perhaps 30 or 40 dollars it is not as profitable anymore as people think.
I would seek written permission, It is not only fair to the designer but also you avoid any legal problems.

Silvia Jiménez
Silvia Jiménez

Yes, I always thought it was weird that you could not sell the clothes you made from somebody else’s patterns, it makes no sense. It’s like a recipe. I can buy a cookbook, make the cookies and sell them.

law
law

Hello, I know many sites where you can see free patterns, but I do not know if this would violate copyright law. But I am not from the USA and it seems to me that this law will not apply in my country. Thank you very informative article, I will look for information on this law in my country and will keep you updated.

Sonia Edwards
Sonia Edwards
Reply to  law

https://www.gov.uk/government/publications/copyright-notice-knitting-and-sewing-patterns/copyright-notice-knitting-and-sewing-patterns

There are many people who copying designs and turning them into patterns and selling the patterns this is illegal

Saime
Saime

Beside from selling what you se i have question for sellin patterns. I am planning to start an Etsy shop where I will sell cross stitch templates (PDF files) for $3-4. The templates will generally consist of cross stitch patterns of pop culture characters, quotations, manga characters etc. It seemed like a very good idea at first since i, myself, love buying and producing pop-culture related products. But then, although I saw hundreds of unlicensed products being sold on other online and non-online platforms everyday, I thought that this might be copyright infringement. I don’t think componies with millions of dollars of worth will care about my small business but i anted to be sure. am i allowed to do this? can i? I mean i am seeing baby yoda patterns everywhere but i still have concerns. If you have any information on this regard could you help me?

Mayra Cecilia
Admin
Noble Member
Reply to  Saime

I would stir away from selling someone else’s work. Why don’t you make your own patterns, this is not hard to do.

Kayla
Kayla

Question, Ive taken many store bought garments apart and created patterns for them to recreate the same style dress for myself many times. Im wondering if its legal to sell these? Im not selling the exact dress I bought, Im not selling the patterns I made, just final product that looks similar with different fabric/colors/sizing/ect. Is this legal?

Mayra Cecilia
Admin
Noble Member
Reply to  Kayla

HI Kayla, you will be fine. As long as you do not sell the dress you bought under your label. Did you know that simplicity patterns started this way? taking apart dresses from French designers? true story.

Brooke
Brooke
Reply to  Mayra Cecilia

I have also made my own pattern by deconstructing a garment. Would selling the pattern that I created from that be legal?

Mayra Cecilia
Admin
Noble Member
Reply to  Brooke

I don’t think so, in fact, that is how simplicity patterns started.

Peggy
Peggy

Am I correct in assuming this also extends to knitting and crochet patterns and the items created from them?
How about indie yarn dyers recreating a dye pattern from a company that no longer produces that colorway?

Mayra Cecilia
Admin
Noble Member
Reply to  Peggy

Hi Peggy I don’t think you will have a problem if they are not trading anymore.

Cindy
Cindy

Re: Disney designs: My son works for Disney here in the USA. They have aggressive lawyers and jealously guard their images.
Kenner (toys) came after a dollmaker friend of mine who in the early 1990s designed her own pattern of a Strawberry Shortcake cloth doll from a picture. It was a Cease and Desist letter and a demand to destroy the doll and hand over her patterns.

Kristy Cox
Kristy Cox

I bought a pattern off etsy and didn’t see where it said personal use only and it was a copyright pattern . It also says the pattern cannot be used in items to be sold. How do I go about finding the copyright that says I can’t sell a pillow with the quilt block that I made from the etsy pattern? I bought it specifically to make something and sell but I don’t want to go to court. I mean don’t most people buy patterns to make something and if it turned out good enough to sell them what’s the problem?

Amelia
Amelia

I have seen a lot of people making PDF’s and selling them on Etsy. This seems like it would be illegal. Just like it’s illegal to sell a PDF of a book unless it’s authorized by the publisher.

Mayra Cecilia
Admin
Noble Member
Reply to  Amelia

Absolutely!

Alexia
Alexia
Reply to  Mayra Cecilia

I’ve researched the legality of this sort of thing mainly because I have discovered a series of patterns I wish to publish digitally. The creator of the patterns is no longer in business and has let the trademark registration lapse, so the trademark is even legal to assume.

This is governed by laws that date back into the middle 1800’s that have been upheld by the Supreme Court which basically say that clothing patterns are uncopyrightable (that happens to be the longest word in the English language that uses each letter only once.) I don’t have the specific law citations here, but I have them at home. Basically it comes down to the fact that person A can create a pattern for a t-shirt and person B can create a pattern for a t-shirt that for all intents and purposes are identical and person A cannot file for copyright infringement.

It doesn’t even matter if person B bought a t-shirt from person A and “disassembled it” and created his own pattern from that.

Consider the plethora of street artists around the world who re-paint masterpieces, including some with incredibly exacting accuracy. This is not illegal, even if it is a modern masterpiece, just as long as they don’t claim that it is an original Van Gogh or whatever. and they are free to sell as many copies as they desire.

A person can take a pattern for a dress or shirt or whatever, re-draft it and sell it as their own as long as they are not saying that it is an original Vogue pattern or Simplicity pattern. As long as they are not zeroxing the patterns and selling those, they are not violating the law.

Mayra Cecilia
Admin
Noble Member
Reply to  Alexia

Alexia, it is good to know the law, but there are many ways to work around it. Sleeping in peace have a price. it is always best to make your own patterns even of the style is so common.

Gayle
Gayle
Reply to  Mayra Cecilia

I sell my line of linen bags at art shows. I found an older Vogue pattern (can’t find the year) maybe 20 years old. It’s called a body contour bag looks like a vest.
I’ve changed it up….. removed the dart, made the strap wider, changed the size, and changed the tie strap to Velcro. I sell them to men and women. If I (with the changes) cut my own pattern the “Urban Crossbody” would I be able to patten the design or be sued out the wazoo!

Mayra Cecilia
Admin
Noble Member
Reply to  Gayle

HI Gayle, I would not bother to patent the design simply because by now someone has already copied you, such is the life of designers. I found worrying about people coping you is so detrimental to your creativity, it outs you in a bad flow. What I would encourage you is to continue to create interesting things that are useful to people so they keep coming back to you. Quality over quantity always prevails. If I were you I would invest in a print designer course and make my own prints, that you can protect much easier. Kind Regards, and good luck

Barbara Mayes
Barbara Mayes

There are many sites on EBay selling copies of vintage patterns & stating the copyright date has expired. Isn’t the copyright date only good for 20 yrs? One lady has sold 177 of 1 doll pattern! Just wondering!
Many thanks

Amelia
Amelia
Reply to  Barbara Mayes

Interesting, perhaps this is the case with the PDF’s being sold on Etsy of vintage patterns. The copywrite has run out.

Emma Laney
Emma Laney

I have a question regarding vintage patterns. If it’s a pattern that has not been offered in print since the 40’s and the parent company was bought out a couple times, but the original line was long since dissolved, is it legal to sell a digitized copy of the pattern? My great grandmother bought several doll patterns and a couple of them are in mint condition, unused. I digitized one for personal use already.

Frederieke Grange

I suspect this article is based on US laws, be aware that the laws are different, for different parts of the world. I’m a UK based pattern designer, and just found the following information on a government issued leaflet:
Can I sell an article that I have made from a pattern?
“As explained above, from the point of view of copyright law, it is broadly the case that unless the made work that emerges from the pattern is itself a work of artistic craftsmanship (or unless the work bears an artistic work, along the lines of the Homer Simpson example) then making the article will not be an infringement of copyright. It follows therefore that neither will it be an infringement of copyright to distribute (including sell) such an article.
However, it will often be the case that the designer / author of the pattern will have included terms and conditions with the pattern, limiting what use may be made of a finished article. Those terms commonly specify that the pattern is licensed / sold on the basis that it is only for personal or non-commercial uses. This means that you may give as a gift, or yourself use, an item that you have made from a pattern, but if you sell an item you may be in breach of contract law.”
If of interest, this is the source of the quoted text:
https://www.gov.uk/government/publications/copyright-notice-knitting-and-sewing-patterns

Mayra Cecilia
Admin
Noble Member

Absolutely, this is not lawyers advise at all…as I always say do your due diligence before deciding to sell anything, especially online.

Co-D
Co-D

Thank you for the article. I have a question. Is it illegal to create an Acrylic pattern from a purchased pattern and sell it to others?

Mayra Cecilia
Admin
Noble Member
Reply to  Co-D

Yes it is.

Darlene
Darlene

You’ve provided very helpful and factual information that clarifies a lot of misinformation that I’ve read from various websites who sell their patterns. Thanks for sharing. I look forward to reading more of your articles.

Brooke
Brooke

I’m so confused. So if I buy a quilt pattern can I make quilts using that pattern and sell the quilts on Etsy? The article made it sound like I can but your responses on the comments say otherwise.

Cynthia Marie
Cynthia Marie
Reply to  Brooke

The article states that you can buy a pattern. Make the product, then sell the item. What we can’t do is sell the actual pattern. Countries other than the US might be different.

Mayra Cecilia
Admin
Noble Member
Reply to  Cynthia Marie

No, the law is the same, do not sell the pattern you used even if it is free.

Elizabeth Rose
Elizabeth Rose
Reply to  Cynthia Marie

I’m confused. So if I buy a doll pattern off of etsy and I make a doll from it( says for personal use and doesn’t want anyone selling the dolls they make from her patterns) am I allowed to sell it?

Lauren
Lauren

Thank you very much for this. Even though it’s not legally necessary is it polite/considered good form to notify the pattern maker before selling a product made from that pattern?

Mayra Cecilia
Admin
Noble Member
Reply to  Lauren

absolutely, What seams like a small detail says more about you that you could possibly know, this is a small world after all and building bridges and good working relationships that can open many doors in the future.

Carole
Carole

Very interesting article you have sent. I had no idea. Thank you

Carole H.

Janice Kubiak
Janice Kubiak

Thank you for the clear information.

Jan Massie
Jan Massie

Thanks for the great article. I’m just starting my bag business and you answered a lot of questions

Peggy Finch
Peggy Finch

Excellent information for those of us sew and sell! Thank you!

karen
karen

Thanks. I’m creating instruction to a bias top pattern that others have sold but I’m sure it goes back to the 1920’s. So because they don’t own it and I have a different way of constructing it, I won’t copy any of their materials or illustrations. I think I’m safe.

Marie Murphy
Marie Murphy

Great article! Thank you for answering some questions!

Roberta
Roberta

Embroidery designs state that you can sell some products but acknowledge the original designs, but my question is Disney, no where can you find designs unless you buy a Disney machine

Stephanie Wilson
Stephanie Wilson
Reply to  Roberta

Great article. Thank you for setting me straight.

Sandra
Sandra

Great article and very helpful! Thank you!

Avis Cooper
Avis Cooper
Reply to  Sandra

What about machine embroidery designs? When you buy a package of several designs and it says “for personal use” does that mean you can’t use that design on an item you sell to a friend?

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