Using patterns for Etsy products?

What an interesting discussion! I had no idea about some fabrics only being for home use, it never even occured to me that they might be.  Good to know.

I have come to conclude after visiting the Tabblerone site and speaking with an attorney friend that legally pattern owners have no legal recourse in the US if you were to sell things you made from their pattern, no matter what they say. However it's clear that in general, it is not kosher in the sewing community at large. People still do it, because I've seen this stuff for sale on Etsy, and the bottom line is, it's not actually illegal.

I've been designing patterns and selling my own purses since 2004 and have really looked into this. You can't sell anything that is made from licensed fabric - so Mickey Mouse, Hello Kitty, Spiderman, John Deere... that type of thing. There was a short time when Amy Butler fabric was licensed. The idea is that you are making money off of their brand and they don't like that!
If you embroider and use a licensed design, you have to check with the designer. Some give limits like only 100 made. I embroider golf towels with Lorelie designs and she has that stipulation.
I would imagine that your Amy Butler Pattern is licensed. I own a sewing studio and sell her patterns - they all are copyrighted. That means you can't photocopy the pattern and most have a stipulation that they are for personal use only. If I teach a class using her pattern, each student has to buy the pattern -  I can't use one then tell people what they need to cut out.
The bottom line is that these people have worked their butts off designing and creating patterns, then worked even harder marketing their names and ideas. They deserve to make money from it. If you make a purse with her pattern, then you are making money off of her talent - all you are doing is sewing it - and she ends up with about $5. It's highly unethical and disrespectful. BUT the way around it is to buy a pattern for each purse you sell =)
And as for copyrighted patterns, in the U.S. they CAN sue you if it is a registered copyright. http://www.copyright.gov/help/faq/

Be kind to artists and respect their talent. And just because people do it doesn't make it right.

This is such an interesting topic!  I think it seems that a lot of us feel that selling creations from other people's (copyrighted) patterns is not necessarily the right thing to do, but as a very new pattern designer I've wanted to know exactly what was legal. 

I'm blessed to know a wonderful intellectual property attorney, and her interpretation and explanation of the topics discussed here intrigued me, so I'll share what she said:

It is obviously illegal to copy the pattern itself and sell it as your own.  Any "modifications" made to an existing copyrighted pattern (adding a pocket, extending the hemline, etc.) and then selling it as your "own" is a very gray area and usually a matter for a judge to decide whether the copyright was violated or not.

As far as "personal use only" those who have said copyright holders can't enforce this, seems to be only partially true.  You'll notice a lot of pattern makers and manufacturers are stating these days "personal use only" or in "small quantities handmade by one person".  That is because legally, once you (an individual person) buys  the pattern you are free to do whatever you would like with what you've created from it, including sell your items. If you, personally, can make several (even thousands) of one thing by yourself and sell them, there really is no legal recourse.  (As far as only selling 99 of something, and then having to re-purchase the pattern to acquire a new "license", my attorney says this is not legally enforceable, and probably just the manufacturers way of trying to keep quantities sold from their patterns at a minimum).
However~
"personal use only" ONLY applies to one person per pattern purchased.  If you have a sewing business with a partner, and you both are sewing Birdie Slings (for example)  using only one pattern, you are in violation of copyright because technically one of you "distributed" the pattern to the other person and the copyright holder did not receive compensation for it.  The same goes for mass or commercial production of items made from these patterns.  You can not take the Birdie Sling down to your local sweatshop (or very eco-friendly non-child labor super hip local manufacturer, lol) and give them the pattern and ask them to produce 100 or 1000 of them.  This violates copyright for two reasons:  a) the aforementioned one pattern per person policy.  Each person who works on that garment (which would probably be several) would have had to have purchased the pattern, and b) most manufacturers work from their own patterns, even if you give them one to copy or have one of your own design that you would like for them to produce an item from.  They will make sure it is the design you want, but will in essence "copy" your pattern (or the copyrighted pattern you've brought to them)  to make the pattern fit their mold and standards so that their employees have consistency and can easily read the pattern and quickly produce items from the pattern.  (Not to mention, if you walked into a manufacturer with a copy of The Birdie Sling pattern and asked them to make you a 1000, they probably wouldn't do it anyway.  They know better). 

Anyway, I found all of that information very interesting.  I'd love to hear anyone else's experience with this.

Great discussion!

It seems that artists who are publishing patterns put them out there knowing that the patterns maybe used by people with handmade businesses.  Why then the stigma?  This is a known & legal use as long as the pattern isn't being distributed to more than one seamstress.  If the artist wanted proprietary rights to the pattern, they should be in the garment or handbag (or whatever the pattern is) industry where they can produce and protect their designs. 

Great clarification varenia. Copyright protects the pattern from being copied and sold. Personal use protects the pattern from being made multiple times and being sold??

And I think the reason no one really makes a stink about this is that it is almost like free marketing for them.

First of all, you can sue ANYONE for ANYTHING.  Just because there is no law against it, doesn't mean someone can't sue.  You can sue for any reason you want.  With that said, I have to respectfully disagree that selling something made from someone else's patterns is unethical and/or disrespectful.  I think if you are selling a pattern, it isn't your right to tell me what to do with that pattern. I don't want to pay money for something and then be told how I have to use what I've just purchased.   If you want to dictate how a pattern is used, you probably shouldn't be selling it.  You (and I mean the collective "you" here, not you personally) should make the item yourself if you want the item to make a profit for you.  They have worked hard to make the pattern, and should profit from the sale of that pattern, but they have not worked to make the items someone may be selling.  To say that ALL a person is doing is sewing it could also be construed as a bit disrespectful as there is a lot of time, money, and work that goes into sewing an item, be it from someone else's pattern or not.  I think it is a different scenario if we are talking something machine produced, mass marketed, in a factory, etc etc, but not for people working hard to hand make items.

I am a beginner sewer and I don't make patterns (although I do make knitting patterns and would be flattered if someone ever wanted to sell items made from my patterns! ) so none of this really applies to me, but I am a lawyer.  Although I don't practice copyright law, I do think there are SOME cases where a person may be held responsible for making items from someone else's pattern; however, I think it would be a very difficult case and probably impossible in the case of smaller, handmade items sold on places like etsy. 

Anyway, just my 2 cents...interesting topic for sure. 

Personally, I think if you have not designed the pattern yourself,and if the pattern does not say how it can be used, I have seen some designers that say you can only make the item once and for your self only, and some allow you to make 10, etc. If there is no statement on how many and how it can be used then before you do anything, get in touch with the designer first. It is not only fair and polite, The designers make patterns for a living and to violate that trust is bad on all of us.

I'm glad to see more discussion on this. I have seen more and more "don't sell stuff from my patterns or tutorials" type statements lately on the blogs and it seems like a lot of people are making these statements without necessarily having any legal background or advice even regarding the legality or possible enforcement of these statements.

I'm interested in hearing from pattern designers who have made these personal use statements regarding how they developed the statements and where in the copyright code they are basing their statements as well. Oh, also the designers who sell "cottage licenses".

An interesting discussion for sure.  I guess I don't see making an item and selling it, a violation of any trust.  To me, and I think most courts of law, copying a pattern and selling it would be violating a trust.  Or purchasing a handmade item and selling it as your own would be violating that trust.  I would definitely be mad if someone xeroxed my pattern and sold it.  THAT would be copyright violation for sure, but I don't think legally anyone has the right to tell you what to do with the finished product. 

Yeah - it depends on the manufacturer of the fabric or pattern.  I personally feel like I need to alter something to make it my own to sell it.  I mean, no need to reinvent the wheel - if certain sizes/proportions are already figured out.  Some pattern designers specifically allow it ... some require an additional fee.  Just look into it the best you can ... And it is always nice to give someone credit .. or ask them first ...

Here's my question:  If you purchase a pattern from someone and it specifically says that it can be used for items you intend on selling (but there is no mention of quantity limits and no mention made that you must give credit), can the seller come back to you after the item is sold and insist that you give credit for the pattern and then place a limit on the quantity?  I guess what I'm asking is that if the pattern designer changes what they allow to be done with the pattern, do those changes apply retroactively or is it just going forward.

My first advice whenever buying a pattern and you think you may want to sell creations from it would be to save or print a hard copy of where the seller gives you permission to sell items from that pattern.  That way if they change their mind later, you will have something in writing. 

That being said, to my absolute best understanding (and I have extensively researched this~ although I am learning new things every day) the pattern maker can not legally stop you from selling items from their pattern, even if he/she/they never granted you permission in the first place, or even specifically forbid it!  (This advice ONLY applies to CLOTHING.  I am not familiar with the laws concerning handbags, etc., but my guess is that it would be similar.  Clothing is considered a "common use" item, like furniture, etc., and can not be copyrighted, or patented.  Bags are probably considered a "common use" item as well, but I am not positive.) 

For all who may be following this thread, times could be a-changing... there is currently a bill being reviewed by the House of Representatives and it is called the Design Piracy Prohibition Act:

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5055:

Basically the Design Piracy Prohibition Act protects designs from being reproduced, kind of like a patent on clothing, handbags, etc.  They would be protected for up to 3 years from duplication.   (Some parts of fashion are already eligible to be covered by patents, but it is few and far between, special ornamentation, etc.)   However, the pattern still needs to be copyrighted, which would be the proof that the design is indeed yours in the first place.

I am sooo curious to see how this is going to play out.  I can see major pros and cons to both sides, and am especially curious to see how it will affect small businesses and independent crafters.  What do you all think?  Any thoughts on the act and the potential upside/downside to it? 

For some reason that link above to the Act will not acknowledge the colon;

If you click on the link you will see a blank page.  Add a colon to the end of the web address in your and you'll be set:

Like this:
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5055:  ... make sure you have that colon on the end.

, Varenia

I have read about the act in the past. Ironically, Diane von Furstenberg, one of the people heading up the Design Piracy Prohibition Act, was being sued for copying someone else.  She settled out of court.

http://www.reuters.com/article/pressRelease/idUS155638+11-Jun-2009+BW20090611

The question then is - who does this rule protect? The large names in the design industry? If someone has a tutorial on their website that, unbeknownst to them, is part of a patent will they be sued? If a large corporation sees something innovative on a website or blog and submits it for copyright they will then 'own' it. I don't like it the idea of the Design Piracy Prohibition Act. In my opinion, it is only protecting big names and will only hurt smaller designers and individuals.

My two cents.