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Topic: Is it copyright infringement to sell stuff made from a pattern?  (Read 31403 times)
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« Reply #110 on: June 16, 2009 09:22:25 AM »

Can you use logos on your items (ex.superman, power puff girls)?

If you crochet and you use a pattern from a blog can you still sell that item even if it is a free pattern?

Thats all for now sorry for the stupid questions
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« Reply #111 on: June 21, 2009 07:27:22 AM »

There have been cases of cease and desist orders from corporations in these cases - a rather famous one in the last couple of years involved a woman who was sharing Dr. Who character patterns, and they weren't even for sale. If you're using trademarked materials, you can definitely get in trouble. Many corporations realize that they stand to benefit from the interest of their fandoms, so they may or may not decide to prosecute. I wouldn't do it, as a general rule.

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« Reply #112 on: June 22, 2009 06:30:38 AM »

If you crochet and you use a pattern from a blog can you still sell that item even if it is a free pattern?

Most patterns, even those "free" on blogs, will include some sort of terms that say "not for resale" "for personal use only" or the like. Otherwise, you're profiting off of their work to create the pattern.

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« Reply #113 on: April 25, 2010 09:11:13 PM »

I know that there has been 12 pages of replies to this question but I thought I would put my two cents in as well.

First off, selling products made from someone elses pattern is not only illigal in most cases but in my opinion unethical as well.

That being said, I have used several patterns in the past for personal use. being a self taught sewer I have learned enough about the basic way to put pieces together to get the desired look I want and have started to draft my own patterns.

I would say do alittle studying on how your craft is put together and come up with some great designs of your own.

so far I have only made a few things for my little one but am really looking into starting my own childrens clothing line (small time of course).

on a side note: there is only so many ways a sleeve can be cut and sew on or a skirt made. I have seen several sites that sell similar things (I.E. pillow case dresses) but they each have their own special flare to them.

good luck and keep the creative juices flowing.
« Reply #114 on: May 14, 2010 02:50:38 PM »

My mother have been planning to build her own house, and during the process she tells me about things. One thing I find quite funny, but sad is that if you use the blue prints of a house and either remove or add a wall you don't need to pay them for the blue prints.

it's a funny world we live in

« Reply #115 on: July 30, 2010 07:14:10 AM »

Imera, this may be a silly question, but to what extent do blueprints parallel sewing patterns?  In my mind a blueprint seems more technical, while a sewing pattern is really more just shapes.  But that may be just for more technical things like circuit boards, rather than architecture. (And a circuit board blueprint can be patented.)  Once you've been sewing for a little while, a pattern for a garment similar to one you've sewn before becomes really more a convenience.  It's a guide, simplifies measurements, etc..  but if you've sewn a shirt before, and you look at some other shirt, you're going to be able to have some idea of the pieces you'd need to put it together.  That's one of the big reasons why sewing patterns can't actually be fully copyrighted-- two people could look at a fashion and independently create their own nearly-identical version, without a pattern.  The other big reason, is that fashion revolves around copying.  One person does something, somebody else likes it, they do the same thing.  (Anne Boleyn returns to England from the French court wearing French hoods, and pretty soon everybody is wearing French hoods instead of the English gable hoods.  That's still how fashion works today.) If you could make a particular design and demand that nobody else make anything that looks the same, fashion as we know it would cease to exist.  The dynamic of fashion requires copying. 
Legally, a sewing pattern cannot be copyrighted.  That doesn't mean that you can just take a commercial pattern and copy and distribute it.  There are going to be trademarks, names, etc, on that pattern that clearly establish whose it is.  It can't be copyrighted because an actual copyright claims ownership of derivative works, and the law has been quite clear that for that reason, sewing patterns can't be copyrighted.   And in reality, how many people who sew a lot use patterns exactly as they are without changing anything?  You alter fit, you trade one technique for another..  and pretty soon a pattern ceases to be the pattern that it was.  Where's the line between one person's pants pattern and another person's pants pattern, when there are only so many was to put together a pair of pants?  (Now, if someone puts a garment up for sale using the copyrighted pictures taken by the pattern company.. that's pretty clear.  But other than that, it'd be almost impossible to prove that someone absolutely made something from somebody else's pattern.)
But legally, it's not infringement to sell an item made from a pattern; companies just claim that it is.  Courts (in the US, anyway) feel differently.  It is still infringement to use their images, though. 

« Reply #116 on: August 19, 2010 09:02:14 PM »

I say sell it if you want. They do it on Etsy and the bead pattern sites and selling vintage patterns all the time and claim ownership, originality, blah, blah, blah all over the place. 

Great minds think alike.  Just because I didn't copyright it doesn't mean it's not my original idea.

I invented knitting!  If I say it, it must be so. 

« Reply #117 on: August 25, 2010 12:19:02 PM »

I dont think my question was answered in the 12 pages, so apologies if I am resurrecting an ancient thread!

Basically, I want to make bags and sell them but the design for a tote bag is so simple that just by looking at one you can guess the pattern. But even if I make that pattern from my own research, its so simple it could seem that I had taken it from a book etc. I worry that this would cause copyright issues.

Also what about designs from the internet? I found one for gloves that was exactly the same as a glove I had pulled apart to see what the pattern was. It was a free pattern but was copyrighted. But if its the same as one of my gloves that I had bought and taken apart, surely they have just drawn it, posted it on the interwebs and called it theirs?

Thanks for any help, this is all a bit foggy!

« Reply #118 on: September 25, 2010 02:22:15 PM »

Is it legal to sell something made from someone else's (e.g. crochet) pattern? I've seen things that say, Sure; the copyright only extends to the pattern itself, not the finished item, but also things that say, No, don't do this; it's wrong and bad and evil and illegal! Of course, none of them will cite anything to an actual law. Obviously, if someone says they're providing a pattern on the condition that it's only for personal use, that's different, but you can't assume all patterns and instructions come with that caveat. I know some people who once wrote to a book publisher asking for permission to use a knitting pattern and got a (form) letter along the lines of "Sure--but pay us $400 up front and $50 a hat!" This seems totally crazy. On the other hand, I once bought a second-hand cheerleading uniform that said on the tag it was copyrighted.
Does it matter how original the pattern is?
Does it matter whether I sell locally or online?
What if I modify it? How much would I have to modify it? Using a different brand of yarn doesn't seem like enough, for instance. I've heard you have to change three things; is this true, and what counts as changed?
Please advise! I tried doing research online and did nothing but earn my mother a bunch of SwagBucks.  Grin

I'm looking for Simplicity 6340 (the 1970's sailor dress). PM me if you've got a copy to swop or sell! Cheesy
« Reply #119 on: September 25, 2010 05:44:30 PM »

My mom does craft shows and her mantra is this:

If you are using copyrighted pattern as the base of your idea but you have added so much or done so much that it is most certainly your own then yes you can claim it as such

I would suggest that if you bought a pattern from someone's etsy you probably shouldnt sell what you make and say its your own pattern

in the photography biz when i see a posed pic that i like and i replicate it i will state that it was that person's orginal pose but this is my version, I think its only fair as it was their creativity that brought about the pose into existence and i think the same should be done in all crafting areas its just common courtesy

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