Well I don't know why you couldn't sell bags made from learning via a sew-along. Especially if you do your own dimensions.
But I'm pretty laxed on all this. My big company patterns don't say you can't sell it and those companies are in the business to make patterns, not articles of clothing or bags.
Anyways did you see the thread from a few days ago? There was a big discussion
__________________
Alison - mom of
Brian 5/28/02
Ruby 6/2/04
We're all trying to figure this out right now. We've had some conflicting answers on the question of selling things from a pattern. But, I do know this:
If an actual design, and not the pattern is copyrighted, you can't copy and sell it.
If something is patented, you can't copy and sell it.
If something is patent pending, it isn't totally protected yet, but when it passes, you can be sued.
I thought someone's on the market boards dh was a copyright attorney, maybe we could coop one - think he takes trade? We could outfit the whole family.
__________________
Allison
mama to Ara, Simone, and Zarin
Originally posted by anise I don't think we know. I think at this point we're all scratching our butts and walking around in circles.
LOL! I was laughing so hard! i finally calmed down enough to type. What a mental image to have, i'm sure I will be having giggle spurts throughout the next few days at inappropriate moments of course! Funny sh!t!
__________________ ~Carrie
Single Mama to my Babies Christina 4/98, Adrian 6/01 and Dracos 6/04
The Bella mutt is 1 year old!!!
9 weeks old and one year old, respectively.
I've looked into this on more than one occasion (plus I am the owner of several copyrights) and this is what my understanding is:
If the pattern is copyrighted only, you can sew and sell. Never claim that it is your design, even if you tweek it a little bit. Also, you can never write and sell a pattern that is similar. To copyright a pattern, it needs to be an original design.
A copyright is not a patent, so if a pattern is only copyrighted, the holder of the copyright cannot tell you what you can do with the finished products made from it. (Although I've seen some try by writing on their pattern "You cannot sell a finished product made from this pattern." Actually, their copyright doesn't extend that far and they have no right to tell you what to do with the finished product. It always bothers me when designers try to scare the purchasers of their patterns. My answer to them would be: "If you don't want people to make this project, why did you write a pattern for it?") They only have control over the written word, illustrations, diagrams, etc. of the particular project described. They don't even own the general idea, that comes under patent protection. Nor can titles be copyrighted, that falls under trademark protection. That's why you see so many fakes that follow a successful product. A dollmaker who sells baby doll patterns can't tell other people to not make baby dolls, or even design other baby doll patterns! If they want complete control over the process, they need to apply and be granted a patent for that particular idea and specific construction procedure, then also be granted a trademark for the name of the product along with their copyright. Remember Cabbage Patch Kids? They were so successful because they covered all the bases.
For example, a copyright holder of a dress pattern has control of that particular dress, its design and the directions she/he wrote to make it. If someone significantly alters or makes enough changes to the pattern and creates something that is distinctively different, she/he could write another pattern, as long as their instructions do not plagiarize the original in any way. Although, a new product really needs to be obviously and distinctively different from the original in a variety of ways, not just because you've added trim here or changed the neckline.
So, look everywhere on the patterns you are using. If they only mention a copyright, don't worry about sewing and selling. Think about all those seamstresses out there sewing wedding gowns. They don't make the patterns they use. Usually, they visit the sewing store with their client and buy it. As long as you're not claiming the pattern or design to be your own, you're fine. All you're selling is your sewing services, which is perfectly legal.
If someone asks you, "Did you make the dress?" Make sure your answer is truthful and reply: I didn't design the pattern but, yes, I sewed the dress and added my own touches." -- or whatever. It's not required, but it would be nice and respectful of the copyright owner of the pattern if you are willing to share the pattern information to anyone who may ask. That's what I request on my copyrighted patterns and I hope people are truthful and accomodating in that way.
I may have given you more information that you asked for, but when it comes to these sticky issues, one needs to be very clear.
One disclaimer: I am NOT a lawyer, this is my interpretation and understanding of my rights as a copyright owner.
I talked w/ 2 attorneys about this so far.(Neither are Copyright Attorneys) One being my FIL and another a close friend. My friend found this interesting and is going to research it more.
So far this is there take.. Buying a clothing pattern would be similar to buying plans for a house. You can buy plans for a house and sell the house, but not the plans....
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