Sewing

[C.Arden]

I'd love to include some baby/toddler dresses in my etsy shop but while I'm great at sewing, I'm terrible with making my own patterns. Is there any place where I can find patterns that I can use to make things to sell? What are my options? Thanks

[E.V. Lowi]

Originally Posted by C.Arden

I'd love to include some baby/toddler dresses in my etsy shop but while I'm great at sewing, I'm terrible with making my own patterns. Is there any place where I can find patterns that I can use to make things to sell? What are my options? Thanks

Garments are not protected by copyright so any garment you make from a pattern that you purchase can be sold. Good luck!

[art4babies]

Are you serious E.V? So many people go back and forth over that an insist they can't sell such items. Interesting.

[Billie]

Originally Posted by E.V. Lowi

Garments are not protected by copyright so any garment you make from a pattern that you purchase can be sold. Good luck!

Really? I've been informed differently.... I've even bought patterns which specifically say, "items made using this pattern can not be sold for profit." Some have said that items made using a pattern can be sold for profit, but a license/contract (or something similiar) from the pattern designer must first be obtained. ??? :

Do you have further information on this?

[E.V. Lowi]

Originally Posted by Billie

Really? I've been informed differently.... I've even bought patterns which specifically say, "items made using this pattern can not be sold for profit." Some have said that items made using a pattern can be sold for profit, but a license/contract (or something similiar) from the pattern designer must first be obtained. ??? :

Do you have further information on this?

There are no copyright protections on garments. Any clothing you make from a commercial pattern can be sold- there is some dispute about patterns for soft sculpture but the general consensus is that when you purchase a pattern, you have the right to use it, yourself. You are restricted from copying the pattern and selling or even giving it away, but the items you sew can be sold. You can't use the trade name without permission, as it is protected by trademark.

Here are some interesting cases. You have to look through to find the ones on patterns sales.-

http://www.tabberone.com/Trademarks/trademarks.html

[sapphire_chan]

I know I've seen free patterns with "please do not use this pattern for items to sell". I've never seen that on patterns for sale.

[E.V. Lowi]

Here is another interesting link about garments and copyright protection.

http://leda.law.harvard.edu/leda/data/36/MAGDO.html

[CalaRei]

Wow, EV, I had heard the exact opposite, to the point of being overly restrictionist about commercial patterns. Thanks for the EXCELLENT links!

The story I'd gotten is that when you buy a commercial pattern, you really only are allowed to make ONE garment from it, and really you are supposed to buy a new pattern for future garments. So if someone were to commission you to sew something, they'd have to have their own pattern, or you would have to include the cost of a pattern into the figure and buy it yourself. Of course, this is totally hearsay, and I'm not a lawyer, so I don't have much caselaw backing me. I did find this link here: AU's Sewing Copyright Sheet, but since it's from Australia, I'm not sure how much applies - though I imagine it's similar, because of int'l copy laws.

I think the issue here is that the pattern companies think of it as a "license" and not a "copyright" issue. So... no, a clothing design cannot be realistically copyrighted, but the pattern can be licensed according to their terms. Like, I could directly copy a piece of clothing I bought at Target - even something "designer." But using a pattern produced is different, because it has instructions and such that CAN be copyrighted and licensed?

I found this note at the bottom of a Kwik-Sew pattern on the web:

Copyright © MMV KWIK•SEW® Pattern Co., Inc.
All rights reserved. Protected under international copyright law. Commercial or industrial
use prohibited unless there is a written agreement with KWIK•SEW® Pattern Co., Inc.

In any case, practice and theory are pretty different here. It could be something like software EULA's where - sure there's a license but it's not very enforceable, and even the chance of getting noticed/caught is extremely low.

Personally, I hoard patterns and trace so that I can reuse or make in different sizes for myself, though I've never sewn for someone else or sold something already made.

On the other hand, if something is patented, good night. There are stories about the owners of the "taggy blanket" patent trolling ebay and etsy and the like and threatening to sue knockoff makers.

EDIT: Oh! And first poster, I totally ignored your question of where to find patterns. A few years ago I bought some "pillowcase dress" patterns from a woman on ebay under the name of Parksbird. She not only allowed, but actively encouraged selling items from her patterns, and her instructions were very good. The clothing is simplistic, but cute, so if you want check it out. So there you go.

[E.V. Lowi]

Only the patterns, printed specifications and instructions are protected by copyright, not the garments themselves. It behooves the companies who print these restriction not to elaborate further. That Quick Sew warning doesn't say anything about the garment, only that all rights (whatever they may be(?)) are restricted and no commercial use of what ever those right may be.

[KeanusMomma]

Does this apply to knitting patterns, too?

[rubelin]

As a pattern maker/ seller, I do have a restriction on my patterns that garments made from them are only for personal use. This is because I made a living off of selling the garments that I made and to have anybody make my designs and sell them without my approval and quality control could ruin my business. I offered the pattern for home use because I got so many requests from those who could not afford to buy the ready-made version and I did want the designs to be available to everyone.

So, while, yes, it is not illegal to sell garments that you make off of any pattern, please do consider the source of the pattern and the damage that will be done to that designer/seamstress when you start selling things that you made from their patterns.

[E.V. Lowi]

Originally Posted by rubelin

As a pattern maker/ seller, I do have a restriction on my patterns that garments made from them are only for personal use. This is because I made a living off of selling the garments that I made and to have anybody make my designs and sell them without my approval and quality control could ruin my business. I offered the pattern for home use because I got so many requests from those who could not afford to buy the ready-made version and I did want the designs to be available to everyone.

So, while, yes, it is not illegal to sell garments that you make off of any pattern, please do consider the source of the pattern and the damage that will be done to that designer/seamstress when you start selling things that you made from their patterns.

I agree that it is nice to respect the wishes of the designer, in regards to the pattern, there is no legal standing to do so according to what I have read in the links provided. I'm not a lawyer, but I am a designer and I feel sympathetic to small businesses that make a living from designs. But if you don't want the consumer selling your designs, don't sell the pattern and expect to be able to control the end product. It's not worth the energy to try and police such an unenforceable clause and trying to do so can get you into hot water.

[BinahYeteirah]

bs"d

What does this mean for sellers of cloth diaper patterns? I know there are some patterns with patented elements (e.g. pocket diapers with an opening in the back), but otherwise these would be no different from other garments. A person would probably be ostracized from the CD world for doing this, but it isn't illegal? Wow. BTW, I would consider the source before selling a garment!

[E.V. Lowi]

Originally Posted by BinahYeteirah

What does this mean for sellers of cloth diaper patterns? I know there are some patterns with patented elements (e.g. pocket diapers with an opening in the back), but otherwise these would be no different from other garments. A person would probably be ostracized from the CD world for doing this, but it isn't illegal? Wow. BTW, I would consider the source before selling a garment!

Patents provide protection, in cases where copyrights or trademarks wouldn't cover. If some aspect of design of a useful object like a garment or a diaper is unique, then you could get a patent on it. Copyrights are for original artworks, including drawings and sculpture, music, written word.

The WAHM word operates through word of mouth advertising and it is a small world, so even though it is not illegal to sell a diaper from a pattern, it is highly frowned upon. Can a WAHM sue for such a thing and win? Probably not, but they can sure talk about it in the various chat rooms available and I see it happen. Does it stop anyone? Maybe a few, but hardly.

When you see how hard it is to take a case to court, it doesn't seem likely that any WAHM could do this, but there are severe penalties awarded for violation of copyrights, trademarks and patents, so it is wise to mind your Ps and Qs about the intellectual properties of others.