Former_Member
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required reading for all pattern designers!

i have been involved in a long-running debate over whether pattern sellers have any legal right to forbid customers from selling items made from their patterns, or if they can require "user licenses" for boutique sewers. this article sums up many of the falsehoods and may require some of us to revise our shop policies. id be very happy to hear what others have to say about it all. enjoy!
http://www.tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml
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Former_Member
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Re: required reading for all pattern designers!

I personally believe that it is so, so wrong for people who make clothing patterns to forbid people from selling what they make or making people buy a license, simply because you did not invent any of those techniques. I have collected sewing patterns for years and a lot of them are remakes of something else.

As for things like dolls, however, if it is a unique design, it is copyrighted, I believe. But clothing cannot be copyrighted. I know as I list patterns, I not only "allow" people to sell from my patterns but I will be encouraging!
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Former_Member
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Re: required reading for all pattern designers!

I believe that maybe half of the people who have sewing skills do it for profit not just friends and family. To limit them from sewing from their patterns for profit is to shoot themselves in the foot. They lose a big profit margin. I started out sewing for myself then my children and friends. Later it turned into a business when I retired.
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Re: required reading for all pattern designers!

There are patterns being sold on Etsy and elsewhere for all sorts of designs and things, not just clothing. The arguments presented on the link above apply clearly to sewing patterns to create garments, and I would also imagine a similar logic would apply to patterns to create other utilitarian items -- e.g. crochet hats, knitted socks, etc.

However, if you create a pattern for a sweater or other object that has an original design of say, a Scotsman playing a bagpipe, the charted Scotsman design IS covered by copyright and a purchaser of the pattern cannot go and sell finished sweaters with the knitted Scotsman. They could recreate and sell the basic sweater made from the pattern as long as the Scotsman design was NOT incorporated into the item.

So for my quilt designs -- No one can prohibit people from making and selling items made from a traditional quilt design (such as shoo-fly, 9 patch, drunkard's path, etc.), because these are in the public domain.

However, if a designer creates a design which is original and unique, such as my version of an edelweiss blossom or a raccoon, then that specific design is covered by copyright and cannot be rightfully reproduced and sold without permission from the original designer.
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Former_Member
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Re: required reading for all pattern designers!

exactly. Yet we still are seeing people making a dress, for example, with no applique or special design and putting "for personal use only" or requiring people to buy a license. I'd rather spend half the amount and buy a real tissue pattern that is basically the same thing than to spend, say $10, on something where the person who made it has that attitude...what's wrong with sharing? They already bought the pattern! Then again, I come from a generation who tends to believe in more freedom of information and such.
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Former_Member
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Re: required reading for all pattern designers!

Actually a lot of what is in their website is incorrect. Per my patent lawyer (I have other products patented not my patterns) An item made from a pattern is what is known as a derivative work and is not only copyrightable but companies such as The Gap and other well know designers have sued and won companies like Walmart after they made knock offs that we confusingly similar. This is one reason why you are seeing designer duds in Target, they pay for them to make items for them rather than getting in legal trouble by making knock offs. Dont believe everything you read on the internet.
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Former_Member
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Re: required reading for all pattern designers!

Honestly, your patent lawyer, the one down the street, and the one a city over will all say different things. I don't think it's even worth it to consult one over clothing issues. It's one of those things that will continue to be a gray area and everybody will have their own opinion. Even though the court cases have shown a garment cannot be copyrighted. That's why they were trying to make a fashion law about copying garments that did not succeed.

However, I cannot find anything online about the court case you are talking about with Gap vs Walmart (too much going on about the factory collapse and their refusal to take care of their workers, which is why I don't buy retail typically). But you cannot copyright a garment and, frankly, GAP is selling BASIC stuff. How would they have a right in court? Now, if the walmart stuff said "GAP" or stole their lettering that may be another thing (if it doesn't fall under parody).

Frankly, I believe so little I read on the internet...I google everything relentlessly and just have to form my own opinion, lol.
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