Using patterns for Etsy products?

Hey! This may be a silly question -

I just got Amy Butler's "In Stitches" for my birthday (thanks, boyfriend!!) and I was curious if I am allowed to sell things I make from those patterns? I looked through the whole book and couldn't find any statement of "Yes" or "No" to that. Anyone know where I could find this information or what the answer would be? Does it change from designer to designer or is the answer always the same?

If it doesn't say, then usually the answer is no due to intellectual property and copyright laws. Amy Butler keeps this info on her FAQ about her patterns.  I have started a  list to collate information on pattern and fabric copyright information. Some designers do allow it, so have a look at the list to see who is fair game, unfortunately Amy Butler isn't one of them.

http://badskirt.blogspot.com/2008/11/big-copyright-list.html

Note, certain fabrics cannot be used for product resale though many on Etsy ignore this and shouldn't. Feel free to send links or more information to help the list grow.

Amy

There is an article about the legal aspects of this at www.Tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml.

Thanks for the information!! I figured it was a No, but it doesn't hurt to ask! Thanks again

Ay ay ay! Haha, after reading those, I think I'm more confused.

So basically (I think I got it...) LEGALLY, items can be made and sold, but MORALLY, it's not okay to do so?

That's pretty much what I got out of it!

Great topic. I hadn't researched copyright law regarding patterns before. It now intrigues me.

People sell items made from patterns all the time.  I admit that even I do it, unless the pattern specifically says not to.  There's a very nice lady who sells her doll patterns on etsy and she specifically says in her listing that you may make her dolls to sell, however she just wants credit for the pattern.  You could probably do the same with the Amy Butler pattern if you wanted to.

I know a lot of people argue the point of how you shouldn't sell anything made from a specific pattern, but what would you be able to sell if you didn't?  Especially if you're not very good at coming up with your own?  I say, if the the pattern doesn't specifically say it, then go for it.  Chances are, you're not going to be turned in or anything.  There are too many people out there doing it--they couldn't catch all of them.

I know I'm gonna get some grief over this lol.

I respect the copyrights that say not to sell them, however I can tell you that if I am going to spend $10-15 on a pattern I'm much more likely to buy one that doesn't have such a stingy policy.  I have learned to check first.  Some don't say and I emailed one and they happily said that it's fine as long as it's small quantities personally made by me.  (And at this point, I do not have an etsy shop and I don't even sell my stuff, but it's nice to know!)  Amy Butler patterns specifically say not to sell, but I see people doing it all the time.  I bought the Swing Bag pattern to make a bag for my mom, because that's what she wanted, and I made one for myself too.  Now all of our friends and relatives want one.  They keep sending me fabric and then I'm what, supposed to "donate" my time?  Or say, "No, I can't sell you *that* bag, pick something else."  Where do you draw the line between charging for your time and materials and "selling" a bag?  Right now I'm just telling people "sorry" until I come up with my own patterns...  It's very frustrating, especially when I see people selling Birdie Slings, etc. on Etsy!  I also make changes to patterns, adding inside and outside pockets, zippers, changing the dimensions (larger/wider/shorter), length of straps, etc. but what is considered a minor or major change?  My issue with designing my own is dealing with seam allowances and consistency.  I know how to assemble a bag, but it's nice to start with a general shape and dimensions.

Here is another thing to check - some say yes, as long as you don't sell more than 99.

At 100 items sold they require you purchase a new pattern.

Basically allowing you almost a franchisee license.

Like someone else said, makes my head spin.

WOW!  This is so great to know!  I've been struggling with certain things (in my head) on what to sell when i get my etsy shop up and running.  I've come up with a couple of my own things but I've been so afraid to try and make things off of patterns and tutorials and stuff.  I have made up my mind though that if someone is kind enough to share a tutorial for free and simply asks that you don't make profit off of it, I don't, except maybe one here and there around my office, lol.  It's funny though, even then I feel absolutely rotten about betraying the "tutor".  It always starts off innocent enough by making something for myself, then I get a handful of friends asking me to make some for them.  I never make much profit though, I usually just ask that they pay for supplies plus $5-$10.  Anyway, I'd never set up shop full of things made from free tutorials that specfically asked you not to. 

I understand about the not using patterns to make items for sale but the fabric?  Does that mean there are certain
fabrics which cannot be used to make items to sell?  I can see not using a pattern designed by someone else for your own personal gain but I have a hard time grasping that some fabrics can't be made into items for sale.  The pattern seems more of the idea of another person but if someone is selling fabric then it seems to me that once purchased, the fabric belongs to the person doing the sewing. 

If I designed fabric and someone used it to make a fabulous item for sale, I'd be happy!  I've seen items for sale and  have not wanted the item but have searched to find the fabric!  Of course, if the item were horrible, then I might have a problem with it!

Hi, yes.

That's exactly what I mean about the fabrics. Certain fabrics are labelled "for personal use only" or "not to be used commercially".  If you check the selvedge, you'll see this printed on some of the more well-known children's book designs. Off the top of my head Michael Millers' Dick&Jane prints are an example, as are The Hungry Caterpillar prints.

I think certain images have been licensed for fabric for home-use only. I'm honestly a tad-surprised by the number of Etsy sellers who ignore this message on the selvedge. Though I like to think they've only purchased a fat quarter and got the non-printed selvedge? I do wish online stores who sell fabrics would note the usage in their listings. It would be a big help those of us who sell at markets and online.

hello ladies! I am so glad to have found this forum!

One option for selling items made from patterns is to do custom work. Have each customer (and a family member or friend should be a customer too) purchase the pattern and supplies, then you do the sewing work--which you can charge for at your hourly rate (or charge the customer 3 times the total materials, which would re-imburse the price of the purchased pattern and any supplies, plus your time).
Just another thought to consider!
 Heather

This is a really interesting topic to me; it seems like a lot of you here are saying it's not kosher to use a pattern to make something for sale if the designer says so. Or fabric. I have seen the Tabberone site before in reference to this topic and regarding character fabrics, and I have friends on other sewing websites who have spoken with the US copyright office and been told that designers simply cannot legally stop you from making something from their pattern and then selling it.

I wonder on what basis indie pattern designers are making these statements (personal use only, etc)--have they actually received advice on this from an attorney or is it just what they want to say? Because from the Tabberone info, pattern designers cannot legally enforce this.

I feel like a bit of a pot stirrer here but I think this deserves more discussion. If the discussions and conclusions on this topic at (fine, ok) sewingmamas.com are wrong, then does someone else have some kind of proof that these kinds of "personal use only" statements are ok and legally defensible? My understanding is that it is NOT ok to sell copies of a pattern you've bought, because the pattern is what's copyrighted.

Looking forward to more discussion!

-vicki