I recently wrote a blog post about donating some items to a charity. Included were five small wallets (Sewing) which I photographed, closed, with no details shown. I included nothing related to the pattern in my post and linked to the website of the pattern maker.
The pattern maker posted in comments that I was infringing on her copyright by donating the items I’d made to charity. I was totally surprised and didn’t realize that donations of a finished article infringed on the copyright of a pattern (for which I’d paid a decent price). In researching on the Internet, I found several websites that were very informative on this matter, especially for people who sew, quilt or do other handwork and then exhibit, sell or donate the items. My research shows the pattern maker is correct as far as her copyright is concerned. It seems to be a matter of whether the copyright owner chooses to enforce the law. Here are some helpful links I found that shed more light on the issue.
- Quilters Newsletter - Copyright for Quilters – answers to quilters’ questions
- Get Creative Conference Center - Copyright and the Sewing Industry
- Intellectual Property - Sewing Pattern Copyright
I also found some pattern makers who don’t mind what sewers do with their patterns so long as they don’t copy the patterns themselves to distribute or sell. Those pattern makers, though, do appreciate a link to their websites.
This was an eye-opener for me. I apologized to the pattern maker for contributing wallets made from her patterns to charity, and I told her I would not be donating items from her patterns in the future, nor from anyone else’s patterns. It saves a lot of time to use a purchased pattern, but I’m not incapable of designing my own and have done it many times when all the features I wanted weren’t included in available patterns.
Just wanted to share as this is something for all of us to consider.
Thanks for the heads-up regarding the law. I didn’t realize some of this either. As far as the wallets go, though, I have to wonder how in the world selling at a charity booth could hurt that company’s sales. It’s not like this was a commercial venue where someone might buy one of your wallets instead of purchasing the pattern. And if the person is the type who would make a wallet herself, she wouldn’t bother buying one of yours.
I can understand that in a technical, legal sense in this case you aren’t allowed to sell the wallets. But I really think the company is being more than a little ridiculous under the circumstances, especially since you linked to their site in your post. If anything, this gives them more exposure. I really think in this case it was short-sited on their part, since you were in no way trying to make a profit yourself.
I have to agree with Frank. I’ve seen these issues come up with intellectual property concerns regarding needlework patterns in general, and this “don’t contribute the projects to charity” stipulation doesn’t make sense. Requiring there to be a card or label attached to the contributed projects citing the excact pattern, company name, and even a copyright notice is something I totally agree with (I’d even request including the company’s website). There’s good mojo in allowing projects made by pattern buyers to be donated to charity sales and auctions; but let’s face it, it’s also good business. (Corporations don’t make sizable charitable donations because they’re big-hearted.) To be totally mercenary about it, allowing pattern buyers to contribute projects they’ve made to charity has potential to generate sales beyond even the original pattern in question, especially if companys require the aforementioned card or label.
I had no idea that this could be an issue. I’m careful about using patterns I didn’t purchase, but the project surely is mine after it’s completed. I’ll be more careful in the future so I don’t infringe on a copyright. Also, I agree with SusannaRose about the charitable donations being good mojo and good business. Go figure.
Hello it was an absolute pleasure to come across, and read your blog. You really have some interesting information that I will have to share with my wife. If your ever looking for fabrics Lauren & I would be more than willing to help. Just let us know. Have a great evening.
Josh & Lauren
http://www.trendyfabrics.com
Lillian, I’ve just read this post – I’m not crafty at all so left these ’till last. I just wanted to commiserate with you. I would have been mortified! What a lot of fuss to make,there’s more than enough to worry ourselves with than that kind of, sorry, but I’m going to say it, pettiness. Legal or not, I think it would be obvious what the intent of your donation was. Some people are very insecure about what they do. A generous person, who shares, their time, knowledge, ideas, whatever, is a much happier person. *whew!* sorry for the ramble Lillian
Do you know if it is okay to post pictures from quilt festivals on a blog or on Flickr? How about of prize winning quilts? I’m seeing lots of pictures on the web, but someone just told me that it an infringement and I certainly don’t want to get arrested:) or to not honor the quilt maker. thanks for your insights
What a mean spirited person that lady is! Seeing her name as the maker of the pattern was good publicity for her; now she’ll get none from you since you won’t be using her patterns for charity items anymore!
I truly don’t understand the hoopla over people making and selling items from a pattern that they have purchased as long as you state it’s made from a pattern by _____. People who can crochet/knit/sew/whatever would be more interested in the pattern; people who don’t crochet etc want the finished project, not the pattern. It would be a different story if you were mass producing the things. People are selfish.
Thanks for this information. I had been looking for just this to see if it was ok to sell or donate items for charity. And this answered my question… We as a group are trying to raise money for one of our members friends who has a baby girl, that is need of a liver transplant. We were going to make blankets to donate to a yardsale they are having to raise money. We were also thinking of having a raffle with the items to raise money also. I have read the copyright laws, and I have emailed the person who created the pattern we would like to use. But I needed to double check this law before we go ahead with our plans.
This kind of information isn’t very easy to find about selling items created from others patterns….
Thank you for verifying this for me…..
Sincerely grateful.
Natalie
Moderator for Crochet Heaven.
Humph. I won’t be buying any patterns by that pattern maker in the future.
Sure, patterns are copyighted, as are the results of using them– if the finished product is decorative rather than functional. Given the simplicity of the pattern, I’m not so sure that pattern maker has a valid copyright in the finished product. And she’s an idiot to tell you you can’t make the wallets and given them to charity.
What if you had made them for yourself, then decided you didn’t want them and gave them to Goodwill or even sold them in a yard sale?
The law is what matters here. They can make claims, but the questions remains…are they enforceable by law.
A great site by someone who has fought back is http://www.tabberone.com You will spend hours reading over the information found there.
The pattern itself is copyright and may not be copied and sold, but the end products are yours to do with what you want…
Tom
I agree with Bitsy and Tom. I don’t believe anyone can tell me what I can do with something I’ve made regardless of the pattern I used. Or if I don’t use a pattern……if I look at a picture and ‘interpret’ it, how is that her pattern? Or I make something for myself from a pattern then decide I don’t like it. Am I just “out” the money for materials etc? A point my wife brought up…..what if someone really wanted that item and they don’t sew? what is their choice? to go out and buy a $1000 sewing machine, all the fabric and thread, the pattern, and oh hey take some sewing lessons too in order to make a $2 item? Look on Craftster. there are very similar wallets that weren’t her pattern or idea. I myself made one very similar over 40 years ago. Never thought I should copyright it.
Your take on patterns is wrong. The pattern itself is copyrighted, not the item made from the pattern. There is nothing in copyright law that allows the pattern manufacturer to place post-sale restrictions upon the use of the pattern. As a copyrighted item, the manufacturer loses all legal right to control its use once it is sold to you. This is in copyright law and is referred to as the First Sale Doctrine. Restrictions printed on the pattern are not legally binding upon the purchaser. Imagine a pattern designer restricting you to to using a certain sewing machine, only certain thread, and purchasing your fabric from only certain outlets. Would you consider that legally binding?
The most recent commenters here are being dangerously cavalier about copyright law. What you “believe” is true and the actual law are two separate things. If you want to take chances yourselves, that’s up to you, but your advice is questionable.
I totally agree that’s it’s ludicrous that someone can’t make something like quilted wallets from a pattern and donate them to charity. However, that doesn’t mean there aren’t complexities to the law that have to be honored. Surely you don’t believe a dress company could simply buy a Simplicity pattern, make dresses with it, and then sell those dresses unchallenged by the pattern company? And don’t set up the strawman that this is the same issue as a pattern designer restricting you to using only a certain machine, thread, etc. And where on earth does the notion that “As a copyrighted item, the manufacturer loses all legal right to control its use once it is sold to you.” Um, really? Good luck with that.
Sorry, but you were misinformed. First, useful items are not protected by copyright–only those features that “can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article” are protected. I’m betting your simple wallet lacked any sort of features that would meet this high standard.
Additionally, it is incorrect that the copyright of a garment pattern would transfer over to the finished garment. Once you’ve made a useful item from a pattern, you’re holding a useful item. That item is not protected by copyright and you can do whatever you want with it, unless the designer had gone through all the trouble of getting a design patent (again, that sounds highly unlikely here). I’ve also read through your links–the information is often wildly inaccurate. If you have questions, contact the Copyright Office.
However, some patterns are sold pursuant to a license–that would be the language you see stamped on, say, Simplicity Patterns that says you can only use it for home sewing, or something to that extent. You can argue back and forth about what exactly a particular license covers and whether or not it is binding on you. But pay attention to them.
I would suggest you all read this-
http://tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml
-good info and real court cases to back it up, not reliance upon what the pattern company would like you to believe.
Fantastic!!!!
You might want to read this article regarding the federal rights of companies and their copyrighted material.
http://www.tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml
They can bark all they want, but once they have sold a pattern, their rights end. You can not reproduce the pattern (paper) and sell as your own, but what you create using the pattern you bought, is your business, not theirs. It’s like buying a crock pot with a note beside the copyright label stating that you can not use the crock pot to cook pork.
Good luck and happy sewing!
I think some of the confusion here is a result of misunderstanding the difference between copyright law and licensing usage rights. Copyright law protects the pattern from being resold or redistributed by unauthorized agents. It doesn’t matter if there is a profit involved or not, you cannot, by federal law, make a copy and give/sell it to someone else. Usage rights on the other hand dictate who can legally use that pattern and for what purposes. Most patterns allow for the usage of the pattern for private use only–you can make it for yourself or a gift, but not profit from it. Some allow a limited production amount or for charitable use, but no mass producing. The owner of the pattern does have the right to stipulate usage rights, whether we agree or not.
Actually, licensing rights are way more complicated than that. If the pattern companies wanted to sell their patterns with a license of usage, they would have to spend way much more money than they are willing to spend. A license agreement actually has to have a contract of terms that has been agreed upon by both parties. You can not simply state what you want, for example “only for personal use”, and call it a license agreement. When you buy a pattern you are NOT signing a license agreement with the company that owns the pattern.