![sewing pattern copyright law](https://so-sew-easy.com/wp-content/uploads/2015/07/Copyright.jpg)
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.](https://so-sew-easy.com/wp-content/uploads/2015/06/Pin-Me3-215x300.jpg)
![Sewing to sell. How to price your work. Several different methods discussed and a handy worksheet to give you a range of selling prices.](https://so-sew-easy.com/wp-content/uploads/2015/06/Pin-Me3-215x300.jpg)
![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.](https://so-sew-easy.com/wp-content/uploads/2015/07/Sewing-For-Profit-188x300.jpg)
![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.](https://so-sew-easy.com/wp-content/uploads/2015/07/Sewing-For-Profit-188x300.jpg)
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 law](https://so-sew-easy.com/wp-content/uploads/2015/07/3822687027_622ce9d1c2.jpg)
![sewing pattern copyright law](https://so-sew-easy.com/wp-content/uploads/2015/07/3822687027_622ce9d1c2.jpg)
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](https://so-sew-easy.com/wp-content/uploads/2015/07/6628830795_45ce0828c7_n.jpg)
![sewing pattern copyright law](https://so-sew-easy.com/wp-content/uploads/2015/07/6628830795_45ce0828c7_n.jpg)
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 law](https://so-sew-easy.com/wp-content/uploads/2015/07/5488454359_39be14506b.jpg)
![sewing pattern copyright law](https://so-sew-easy.com/wp-content/uploads/2015/07/5488454359_39be14506b.jpg)
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](https://so-sew-easy.com/wp-content/uploads/2015/07/tardis.jpg)
![sewing pattern copyright law](https://so-sew-easy.com/wp-content/uploads/2015/07/tardis.jpg)
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!
Personally, as a new pattern designer myself and a crafter, I still don’t like the “laws” that some designers try to enforce. It only ever comes across as greedy/selfish IMO. I understand fully the desire to protect your work and time, but once the pattern has been purchased, I always felt as stated, that I can do with the finished PRODUCTS what I please. I can’t imagine re-selling a pattern after buying it. I’ve also run into crazy rules about how many people can make an item, i.e., if I am sewing with friends/or have a business and we’re all working on different parts of the pattern, we all must obtain our own copy. I find that ridiculous. Having recently had someone try to come after me for copyright issues, it’s frustrating seeing the liberities that people will take or how much they’ll stretch the law to make it fit their needs…And I’ve seen those books and patterns that are completely copied! How awful for the original designer(s).
I am happy to see that you have a lot of the same information that I found a couple years ago when I was thinking of sewing items on line. I am happy to see the Supreme Court reference as I lost the information and am going to try again as I am now retired from out of the house work and I wanted to locate the information again. You have it all here. I recall getting some patterns that I want(ed) to use but the designer specifically stated that I had to buy a license from them. This was when I began to look into the copyright issue.
Hi Virginia, I’m happy you found the article interesting and useful.
Thank you for the article. It answers a lot of questions for me, as well. I do have one question, however. I would like to re-produce/type out old vintage patterns and sell them. I was told that this is allowed if the patterns are over 25years old. Would you know if this is true? Thanks so much.
Best,
Theresa Murphy
If the company is still producing and selling patterns chances are they have reproduced them already and you must not reprint the patterns. Do an extensive search and make sure they are not already in circulation. what brand is this? I am curious because most of the original pattern companies are still going today. Can you share the name with me?
Theresa, you can’t. Even if the pattern is no longer in print the copyright is retained by the pattern company. The best thing you can do is contact them and ask. Someone on Etsy did that recently and McCalls said they involve their lawyers when they discover someone doing that.
https://www.etsy.com/uk/teams/7718/questions/discuss/18212350/page/2
“Don’t waste your time and money on pattern designers who are overly-restrictive or unco-operative.”
I find this incredibly offensive. Someone spends HOURS and hours fine-tuning a design, then slogging through the technical legwork to manufacture and produce a pattern, and your comment/judgment deems them ridiculous and demanding for simply asking for credit or some kind of agreement to produce something profitable from their labors. Someone seems uncooperative when they ask to be credited? Are you serious? Your statement comes off as an endorsement to rip people off, and this article, though it may deal with hardline actualities, comes off like an instruction guide on how to use other people’s ideas for profit without consent.
Hi I purchased a pattern online on etsy. I want to know if I am able to give it away for free to my mommy members of my blog to help boost my page? I purchased them and the pdf says all rights reserved at the bottom. I wanted to give away something and I read online ebooks or freebies help to boost your blog. Is it possible for me to do so since I purchased it already?
Hi Osiely, absolutely not. Whether you’re charging for it or giving it away, you’re trading it for economic benefit (ie traffic to your site). When you buy a pattern, you’re buying it essentially for your own use, not to resell over and over again to others. Imagine if that could be done, there would essentially be no digital intellectual property rights. Similarly you can’t download a movie on Netflix or a song on iTunes and resell it hundreds or thousands of times over and over. When the pattern says “rights reserved”, that means the author is reserving their rights as the owner of the intellectual property. Hope that helps and kind regards.
I’ve always considered myself pretty informed on copyright… and did know about most of the things mentioned in this post, except for #5… I was quite intrigued that artists who demand they be given credit are not enforceable, when you consider how many artists actually charge for a “no credit license”, yet charge nothing extra to give them credit… Thanks 🙂
This is so informative, I’ve often wondered about paying a fee for a pattern that I wished to sell. Thanks so much for answering those questions that just nag you to death. Thanks again
Thank you!!! I’ve scoured the internet only to find contradicting information. This was so helpful.
This is so helpful, thank you! I want to know, if a pattern is available for free download, does any of this apply? I have found a number of free patterns for stuffed toys that I would love to make and sell (I am using different fabrics and embellishments to the originals, so the design/appearance is different, but not altering the pattern itself in any way) but don’t want to contradict any laws. I am assuming that by making a pattern free for public use the creator can’t restrict the use of the pattern or the sale of items made from that pattern?
(For items I make I also have a blog where I give reference and credit to the original source of all the patterns I use, free or otherwise, to cover my bases but also to respect and credit the creators).
Hi Brinnjal, I’m not sure it is relevant that the pattern was free or paid for. The design still belongs to the designer and was “sold” even at a zero price subject to copyright. I do, however, think that you can sell the items made from that pattern if it is not expressly forbidden. I think you’ve covered yourself well by giving reference and credit to the designer.
This is the clearest article on copywrite for sewists that I have seen anywhere. Thank you so much for what clearly is a lot of effort put into this post. Great job. May I link to your article on my blog?
Hi Bunny, yes, you can go ahead and link to this article. Kind regards.
Very interesting article. I have had these questions on my mind for awhile. Thank you for the information. I am sure you feel as you’ve repeated information many times….but… If I buy a dottie angel pattern, with or without making changes to it, it is okay to sell my dress on Etsy correct? I love your site! I am a quilter trying to learn how to sew garments and you have lots of great information. Wish me luck! Kind Regards, Barb
Depends, you need to read the copyright they are subject to. It is always a good idea to get in touch with the designer and ask permission, that will cover all your bases and your reputation will never suffer.
I have started a small business selling children’s clothing, using some universal patterns, prior to this I made similar for another small company, she is now threatening me with legal action as she says I stole her designs, none of what I do are her designs or her patterns as I us some universal and some of my own. Is there anything v she can actually do as I’m not breaking any law
I hope you are still answering questions on this issue. There is a free pattern for a tote on a fabric manufacturers website……..
I think in your case, you will be best served by a lawyer. We are not lawyers and I would hate to mislead you.
What about old pattern you want to get rid of? Can you sell them at a garage sale?
Hi Tatiana, yes, just like a book or anything else that is copyrighted and that you possess legally, I’m sure you are free to sell it.
Yes, you can legally sell it. I have contacted federal copyright law office (people who issue copyright licenses) and they said it falls under first sale doctrine.
Thank you, thank you, thank you, thank you….so much misinformation out there. I even have an indie pattern that is printed ‘copyright 2009’ but it’s a fib b/c patterns are an idea and cannot be copyrighted. Now the instructions and illustrations printed on the same page…those could actually be covered.
A pattern is more than an idea; it’s a tangible creative product no less than a book or a fabric design. And yes, a pattern *can* be copyrighted, just as a book or a work of art or anything else like that. As this article does not really cover, what that means is that it’s illegal to reproduce and sell *the pattern*, in the same way that you can’t legally (without permission) copy a book, or reproduce a work of art, and sell it. But the claim I’ve seen on some patterns that you can’t sell the things you make using the pattern apparently is bogus.
Hi there,
Thank you for the article.
In terms of licensed fabrics… If the company is the given the rights to wholeselling the fabrics in South Africa meaning that shop owners buy from them to resell in their material shops to designers, what are the laws about sublimation printing ?
I look forward to your feedback.
Much appreciated.
Jessey
You are best served to ask a lawyer, since laws change from country to country.
Great post thank you – you explain it all so simply. Too many people think they know the facts, are freely dish them out in facebook groups etc, but they are just perpetuating the myths. Thank you for setting the record straight.
I know reselling licenced fabric is legal. But do you have any thoughts on embroidering names and dates on the fabric then selling them. In other words personalizing and selling ? Thank you
Hi Lela, I can’t see that there are any issues with this as long as the names used are not somehow trademarked. For example, I don’t think you could embroider “Star Wars” on something and avoid violating Lucas’ trademark. A person’s name, a place, a date should all be fine in my view.
I’m curious about licensed characters are they subjected to the same laws say if you find a pattern can you then alter it so that you make it yours can you still be fined? and by licensed characters I mean like Yoshi, Mario,pokemon,etc
yes you will get fined if the product you make is for sale.
In my mind, that is the difference between cought and trademark. For example, fabric with University logos is copyrighted but the logos are trademarked. Those logos were created by the organization for them to make money. Different rules apply to copyrights and trademarks. I am reluctant to make items to sell that are made from University logo fabric. I will make them for private sale on a very small scale but will not publicly sell items made from logo fabic. – Sue
Hi Susan, i did not write this article. As a rule “I did not make it i do not sell it” simply because I can sleep better that way.
I’m wondering if I take a finished product – like a dress (in this particular example it is a dress up dress) and use it to draft my own pattern, and then make a dress that looks very similar – and in some ways identical to the finished one I “copied” if I then wanted to sell my pattern I made, do you think I could get in trouble for that? Or in your opinion is that ok? Since I made the pattern myself and had test and revise the patterns.
I’ve read that as long as what you’ve made is x % different (I can’t remember if it’s 30% or 50%, but those number stick out to me for some reason), then it is no longer a copyrighted design/pattern. The only issue I’ve ever heard about that % rule is that there’s such vast opinions on what constitutes as a certain percent different.
You cannot copyright the design or else the clothing industry would be in deep trouble with all the knockoffs on the market for big high fashion clothing looks. . I have copied from a picture. The pattern I create is something I drew with my own hand. If I used their name I would be in trouble, but the ideas they cannot go after you for. So much misinformation is floating around making us afraid to use our talents. Your pattern is YOUR pattern as long as YOU created all of it.
Similar shouldn’t be close enough to be a problem. Patterns are an ‘idea’ and ideas cannot be copyrighted. Different buttons, different trim…different garment.
Hi Mayra, so I have a question when I was in China in 2014 I saw this beautiful clutch handle made bought it and made a bag, then when i went to italy and exhibited my bags in.a fair during my exhibition, Iroamed in.the biggest designer department in Milan.and saw my beautiful clutch handle in.the Alexandar Mcqueen section, (it dawned on me that the clutch knuckle buster e was his design) I was so mortified, but a lot of people were intrested in my bag,.i used totally different matrials then him but the base clutch knuckle buster is his design which i think.the chinese market copied anyways I never sold that bag because of what I.know. Am I in trouble? I wish I could send you a picture so you could maybe understand better. Sorry English is not my first language.
Hi Lala, I think I understand what you’re asking. I was able to find images of the rather distinctive clutch handles on the internet. Your question is a difficult one and I certainly can’t give you an official legal answer, only my thoughts. I don’t think Alexander Mcqueen could have registered all of those designs in such a way that there would be legal intellectual property laws that could be enforced against you. That being said, the handles certainly are distinctive, so people would certainly see this aspect of your work as imitation. You certainly wouldn’t want to be seen as passing your works off as Alexander Mcqueen copies. That would clearly be counterfeiting and definitely illegal. From a legal perspective, I think you’re safe to use the handles on your own works.
Regarding points 1& 2 –
An interesting read published last year at this link:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/399646/Copyright_Notice_4-2015.pdf
Here are two pertinent quotes from it-
“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.”
In another paragraph it states that if the usage terms have been made clear before you made the purchase then you are in breach.
And another quote from it for those thinking well that’s the UK it doesn’t apply in another country:
” The rapid growth of the Internet has meant that more and more knitting and sewing patterns are made available across the globe at the click of a button. There is no single international copyright law; each country has its own laws on copyright. However, most countries have agreed to abide by one or more international
treaties that guarantee minimum standards of copyright protection and provide for reciprocal protection. This means that a person who has produced a knitting or sewing pattern in the UK, for example, may enforce their copyright in the United States, and vice versa. ”
So for what ever reason the indie pattern author/seller has for putting restrictions concerning commercial use on their patterns if they have made them clear before you purchased them then basically by completing the purchase you have agreed to their terms.
Those who aren’t happy about that should definitely buy patterns from authors without that restriction rather than chancing it .
Because of the different countries involved. For instance I am in the UK. If I made up an American pattern and wanted to sell it. Would the legal procedure, if any, be brought under British law or American law. Just a thought.
Hi Michelle, if there is any legal procedure, I think it would have to be done in the place where the law actually applies. The UK courts will not enforce US law and vice versa as far as I know.
“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. ”
American copyright law may not require you give credit to the designer/author, but why wouldn’t you? It is a courtesy to share that information. Give that designer some credit, and it may send them more business…thus helping out other cottage industries.
Just my opinion.
So I saw an image on instagram of a a cute baby swaddle and made up my own pattern of the image and have started selling them on etsy. Another seller who sells these swaddlers as well, messaged me saying that she is patent-pending the design and appearance of these swaddlers and demanded that I stop listing and selling these or she will take legal action upon me. Is she allowed to patent the appearance of an item?? I didn’t think that was possible. You see so many similar items online and in stores that I didn’t think one could patent the appearance. Also, could she actually take me to court for this?! I feel so confused and a bit bullied by this person and their demands. I just want to know what I can do about this and what is actually correct.
Hi Ashley, I’m certainly not a lawyer but I’m quite sure that you can’t patent appearances or even designs. In some countries you can register designs, but they must be distinctive and novel. You can, however, patent inventions so if the swaddle is unique in some way that it could be an invention, it may be possible to patent it. I don’t know if you are in the US but have a look at the US Patent Office website: http://patft.uspto.gov/netahtml/PTO/index.html and do a search for swaddles. There are actually a few things listed there. If the person bothering you has a valid claim, either granted or pending, they should be able to give you a reference number that you can look up and confirm. If you can confirm it, you should probably comply and stop making them. If the person’s claim can’t be confirmed, you can probably continue. Don’t feel bullied in any case. Hope that helps a little.
Hello, my question is if I buy a quilting kit online, make it, am I allowed to sell it without breaking any rules? Confused in Canada
Hi Carmen, the rules vary country to country and I’m not particularly familiar with Canadian laws, but I can’t see why there would be any problems if you’re buying a genuine kit and making something. You’re basically selling the labor involved in the assembly. I would think the maker of the kit would be happy as they would be making their expected profits on selling the kit and you may make something on your efforts as well. If you started replicating the kit or using the same pattern with new materials not from the kit, I think it could be a different story (although there’s a good chance you’d still be ok) but I can’t see any issue if it is from a genuine and original kit. I’ll add my usual disclaimer that I’m not a lawyer so if you want a 100% answer, please consult a local intellectual property lawyer but I think you’re OK.
A question in relation to point #2:
I purchased a crochet pattern on Etsy. In the item description it includes the following disclaimer:
“You may feel free to sell the finished products on your local bazaar,craft fairs,etc.
You are not allowed to sell them on the internet. Thank you!”
In this case, you see this condition before purchasing, therefore should be aware of the stipulation. However, I believe what you wrote, that “the non-commercial limitation is not legally binding upon the purchaser because the manufacturer lacks the legal standing to make such demands”, still applies.
Am I understanding correctly?
Hi, technically I think you’re probably right. However, as a matter of propriety and fairness, if the designer has expressed specific conditions that you are aware of prior to purchase, then I think it would only be fair and reasonable to comply with those wishes. This certainly isn’t a legal option, only my own personal one. My sense is there are probably quite a few other patterns around without these conditions attached. Why not use those?
I intend to respect the seller’s wishes; but I thought it was a very strange stipulation, and as a real example out in the wild, it would be a good to opportunity to clarify.
Thanks.
Agreed. It is an interesting example. Thanks for sharing.
hello,
Doesnt it apply only if the “designer” as copyright on the pattern? I mean say i make a pattern, i dont copyright it, and I sell it on Etsy, with restrictions.. since I DO NOT have any copyrights, does the buyer have to respect my restrictions? can I take actions against him/her if he/she sells the product even if i do not wish them to do so?
The buyer should respect your restrictions and not copy your pattern. My personal opinion is that the product resulting from the pattern you do not control. Please consult a lawyer.
Mayra
Thanks for that,
I am just launching Lazy sewing – children’s fast easy patterns for quick sewing, it looks like a legal mind field and expensive too, while being told to protect my intellectual property. My conclusion was i am wasting time, energy and money trying to do so. My instinct is do not worry about it, i still have a brain to create the next idea and at least the patterns are out in the market place and they are getting used. So thank you for backing up my point of view. Terri – Lazy sewing
I have a question…
There is specific indie pattern designer that requires to be credited on the ad and item if you sell anything made using their pattern. This designer allows you to make modifications to the pattern for personal use, but not for sale.
I love to support other indie designers, but I don’t agree with these terms so I’ve decided not to buy from this designer.
My question is (finally LOL): is it wrong for me to just draft my own pattern? This designer has very unique things, and my final items will resemble their items a lot.
I guess you can make your own pattern, but you really shouldn’t copy the actual pattern of the other designer. Many things resemble many other things without being copies though. Like in writing, paraphrasing is not copying. If you go through the process of making your own pattern I think you’d be ok. But if you’re going to do that, go ahead a make some distinctive modifications of your own so it is absolutely clear you haven’t copied. Hope that helps.
Just what I needed to know, without all the ‘truths’ I have been wading through to find this information! Thank you for writing a nice clear and easy to understand post!
pretty much what legalzoom wrote!!
I’ve just come across this post from endless searching for a different matter and had a question regarding patterned fabrics (instead of fabric patterns)
Say I found a set of fabric featuring the design of say an owl or fruit printed on it, and then make say a bag from said fabric and then sold this bag online, would I be okay with doing that?
A lot of fabric stores who sell patterned fabric VERY rarely state the designer of the fabric therefore I cannot even contact them to find out more information if it’s okay.
For example, say I were to purchase a fabric with a distinctive pattern with the intention of making a bag from it to then sell online, as it doesn’t state a designer, how would I know it is okay for commercial use?
Would I constantly have to ask the sellers of the fabric (regardless whether I am buying it from online or a local store) whether the fabric they sell is okay for commercial use?
Hi Danielle, as always, for specific legal concerns, it is always best to consult a lawyer, but for my opinion on the situations you describe, I think it would be OK to make and sell items with patterned fabric as long as that fabric is not “distinctive” with say the likeness of a Star Wars character or Dr Who as the example we used in the article.
Danielle, I know it’s been a while since you posted this but if in doubt check the selvedge edge of the fabric before you buy it. Those with restrictions on the useage (like trademark characters, Dr Who, Disney, Hello Kitty etc and also designers who restrict the use of their fabric) will have Not For Commercial Use or Personal Use only printed there. Those are the ones to avoid making and selling anything from.
Thanks for this super useful information! I am looking into starting a small online shop of items I have sewn. However, I live in Canada…do you know if Canadian laws are significantly different than American or where I could find reliable information to find out?
Thanks
Hi Sarah, I suspect the Canadian laws are probably very similar. Lots of trademark and intellectual property law has be harmonized around the world, probably more so than any other legal category. As you can imagine there is a tremendous amount of intellectual property that flows and trades around the world every day. Of course for any specific advice, it’s always best to consult a local lawyer skilled in the subject but if I were you, I would assume that the laws are essentially the same.
It’s technical stuff but I’ve found the World International Property Organization to be useful. This is an intergovernmental body which coordinates global international property rights. Here’s the link to their info on Canadian copyright: http://www.wipo.int/wipolex/en/details.jsp?id=15561
Hope that helps.
I just took a look at a remnant I bought a few weeks ago. Cotton plaid with Mickey Mouse. Clearly states in the selvage that it is sold for noncommercial home use only. That makes it pretty clear on this issue, I think. Disney is very protective of their trademarks so I wouldn’t risk selling anything with their characters or graphics. They have a lot more money and lawyers than me?
So I’m pretty new to all of this. I am confused about many things, and have a lot of questions but will start here…..If I purchase an embroidery design to stitch on items to sell, say Etsy for example, where does this fall under all of this? Also, how does one go about making their own designs to sell on their website or Etsy? I see so many designs that are the same from different websites or embroidery sites, I’m confused as to how one does this without any Copyright issues. If I purchase a design, download it and change it to add my personal designs for sell or use, does that change when I save it? Or does copyright still apply? I use embrilliance essentials and it saves as my design by default. Can you clarify any of these questions?
Hi Tiffany, we’ve tried to pull together a good summary of copyright law as it relates to sewing and patterns, but we certainly don’t have all the answers. For specific questions, it’s always prudent to consult a lawyer. Perhaps one of the many followers of this article can comment more on this.
Thank you for clearing up many of the mundane rules for hand crafting. Many persons have held back from pushing forward with their craft ability because of so many grey areas that have been for years stated as black and white. I often look for patterns and see many patterns that I know without buying I can make it. I’m always settling on not to because I don’t want to be accused of stealing someone else ideas.
Thanks Michele. Well said.
Thank you for clearing up something that has been nagging at the back of my mind for several months!
You are welcome Gretchen!
Thank you for taking the time to review copy right laws regarding patterns and the selling of things you make. You cleared a lot of myths for me and I’m sure for others.
I have a question about Appliques. When a pattern, such as a Simplicity Pattern or a McCalls Pattern contains appliques are they covered any differently under copyright law than the pattern itself? For example, a Stocking Pattern has appliques, are the appliques considered “Works of Art” or “Artwork” and therefore cannot be replicated and sold? I have a small Etsy shop and I made an item that contained appliques from a Simplicity Pattern and the pattern maker contacted me and said that the artwork is copyrighted and for personal use only as stated on the pattern envelope, is this the case with appliques? I thought, as the article you posted states, that the pattern itself is copyrighted and not the items made from the pattern, but I guess I just need to know if appliques are different. Thanks.
Regardless of what it says in the article, please follow the instructions given by the designer. It is not that hard to find royalty free appliques, you may have to pay for a membership, but is worth it, since you will not be braking any laws.
It seems very simple, and understandable, but just to be repetitive with a specific question. I go to Joannes to buy “john Deere ” printed fabric. I make a bag out of it and want to sell it. Im “able to ” happily?
According to the advice we received, yes, the fabric design is licenced to the person printing it, but there is no restriction as to how you can then use it afterwards. You should however, of course, note when creating and selling any item, make it clear that the product has been made from licenced fabric and is not an officially licenced John Deere product, nor should you use John Deere in your marketing title which might imply that it was. Hope that helps. Laws on this matter may vary according to where you are in the world and where you transact business, so you should take legal advice before putting your business at risk of any potential conflicts.