Sewing Pattern Copyright Question

[cycler]

What is the name of your state? NY
There is so much misinformation online that I am hoping to get a definitive answer. While I realize that it is illegal to copy a pattern itself for resale some say that it is also illegal to sell an item created from a purchased pattern and some say that it isn't.

And that isn't the only issue. Many different companies produce identical patterns for a piece of clothing so how does any one of them claim proprietary rights to a design?

For example - a pocketbook pattern is simply 2 rectangles connected by a straight piece. If someone was to cut one freehand but it happened to match the exact dimensions of an existing pattern are they violating a copyright of something that they've never seen if they sell that pocketbook?

What about using a piece from one pattern and another piece from a different one to create a garment? If it does still violate Copyright Law how much does the design need to be changed to be legally sellable?What is the name of your state? NY

 

[quincy]

Copyright laws protect sewing patterns. If you intend to sell the clothes you make, create your own designs.

 

[nextwife]

Copyright laws protect sewing patterns. If you intend to sell the clothes you make, create your own designs.

Technically, isn't the "pattern" the hard paper (if the pattern was created for apparel industry production, or tissue paper if it is the type bought at a sewing store) "layout" that is placed on the spread fabric, that the cutter follows when cutting the pieces to be assembled?

Three different pattern-makers could interpret a particular drawing three different ways in creating their patterns, depending upon their knowledge of the fabrics being used, the "give" that fabric offers, whether they plan on cutting on the bias, or spreading the fabric differently because of the behavior of the intended fabrics, and whether the pattern-maker is looking to combine production steps in the sewing process. And depending upon their professionalism and knowledge of proper fit? Where to place darts, how much rise to give the crotch, the armhole drop, etc?

Isn't the "pattern" a totally DIFFERENT animal than the design/look/ or croakie that the pattern is created for?

 

[cycler]

Copyright laws protect sewing patterns. If you intend to sell the clothes you make, create your own designs.

I've been selling my own designs from my own patterns for about 30 years but I recently puchased a pattern (for an item for my own use - not for sale) which has the same "pattern pieces" that I've always used so I was wondering how anyone (including me) might claim any type of copyright - how do you copyright a circle?

 

[quincy]

You can never use copyrighted patterns to create items for sale. Major pattern companies often patrol places where they suspect their patterns may have been used in a commercial way. You can be fined up to $60,000 if you are found guilty of copyright infringement. It is not enough to make small changes in a pattern, either. If the final item can be shown to have come from a copyrighted pattern, you can be sued.
When you purchase a pattern, you may use it to make as many articles of clothing from that pattern as you want, if the clothing is for one person. If you are creating clothes for more than one person, you must buy a pattern for each person that you create clothes for. But you must not sell any of these clothing items. If it is a business operation, and you are profiting from the sale of these clothes, you are violating the copyright law.
Some pattern companies will allow you to license their designs, for a fee, however. Contact the specific pattern company to see if they are interested, and then make sure any agreement is in writing.
Otherwise, to avoid copyright infringement, you must make your own patterns.

 

[quincy]

cycleer - You asked how anyone can copyright a circle. They really can't. The easiest infringement suit to bring by a copyright holder is when there is an exact copy made. If you were to use a sewing pattern to create an article of clothing, then you sell the article of clothing, the copyright holder would have an easy time showing infringement. The toughest infringement suits to prove are those in which the copyright holder claims someone else's work is a "derivation" of the copyrighted work - for instance, using a copyrighted shirt pattern but perhaps changing the arm length. In these sorts of cases, it must be decided if the similarity between the pattern and the shirt you created is due merely to similar ideas (ideas cannot be copyrighted) or infringement of the copyright. To determine this, there is an abstractions test - how much is exact, how much is similar, how much is original. If the shirts are similar (same collar style), the court has to decide if the similarity is substantial (same collar length, same button placement, same tucks). Experts can be called in. Then there is a more subjective judgment of the shirts - if I owned the pattern and saw your shirt, for instance, would I recognize it as coming from the pattern. Pattern copyright holders are serious about protecting their copyrights. That is why it is wisest to create your own patterns if you intend to market the clothes you make.

 

[wagener]

Pattern copyright question

7.23.08

I am a detail person and see shades of gray in situations, so I would like more clarity on the pattern copyright question.

Scenario:
I have no problem creating my own patterns. The question that arises for me is looking at patterns for inspiration and coming across a dress design I like. I can look at the line drawings on a dress pattern and I can copy those lines and create a similar pattern.

I will be using my own intuitive visual ability for actual line placement. If there is a cowl, drape, flared insert, or multiple gores I will have to decide on their width and actual placement on the body which may differ from the pattern company's placement.

Is that copyright infringement? Would my pattern be considered a derivation of the copyrighted pattern?

If my pattern would be considered a derivation, how many ideas can one "borrow" from one dress design and it not infringe on copyright?

I realize that might be a gray area question, but I'd like to know if there is an answer .... or a rule of thumb one can go by.

.....Like use ideas borrowed from at least two dresses in whatever I am designing if I am using dress patterns for inspiration.

i appreciate feedback on this matter.

 

[quincy]

It is a gray area and there is no easy rule to follow, although the safest course of action is to create something entirely on your own. Unfortunately, even when you do that, someone can still claim you infringed on their copyright if there are similarities between what you created and another's copyrighted design.

Courts have several tests that they use when deciding whether a work is infringing on another's copyright. The easiest, as I said earlier, is when there is an exact duplication and obvious infringement. Otherwise, the works must be "substantially similar" for the courts to find infringement - and this is often a subjective judgment.

The tests used by the courts to determine substantial similarity between works in an infringement action (and you can probably Google each of them to see what they involve) include the analytic dissection of similarities test, the abstraction-filtration-comparison test, intrinsic/extrinsic tests, totality tests, subtractive tests and abstraction tests.

As an example of one of the above tests: The subtractive test would first look at both designs and then subtract from them all elements that are "common" or "ordinary" that cannot be copyrightable. For, say, a suit jacket, common elements would be lapels, buttons, pockets, arms - as every jacket has these in order to be a suit jacket. What is not common is then looked at - lapel width, perhaps, or button placement, or pocket size, or whatever. If these elements that make a work creative and unique are substantially similar in both jackets, the courts can determine that one infringes on the rights of the other.

Borrowing ideas is fine, because ideas cannot be copyrighted. Borrowing someone else's expression of those ideas, however, can be infringement and should be avoided.

 

[divgradcurl]

Unfortunately, even when you do that, someone can still claim you infringed on their copyright if there are similarities between what you created and another's copyrighted design.

Remember also that copyright protects against copying -- in addition to the tests you articulate, it is necessary to show that alleged copier had access to the copyrighted work, or reasonably should have known about the copyrighted work. Copyright -- unlike patent law -- does not protect against the possibility that someone might independently come up with the same thing, or something very similar.

I realize that is this more relevant to the necro questions than the newer question, but I thought I would include this for completeness.

 

[quincy]

Right. Thanks for the addition, div. Independent creation may not protect against a lawsuit, but it may prevent the lawsuit from being successful.

Wagener, if you have never seen the dress patterns before and you create a dress that is similar, even substantially similar, your dress may not be found to be infringing because you came up with it independently. However, if it can be shown that you had seen or purchased or had in your possession two different dress patterns, and you took inspiration from these patterns, and your dress winds up being substantially similar to one or both of them, an infringement action against you is more likely to be successful.

These old posts DO seem to keep coming back, don't they?

 

[bobbo]

Sewing Pattern Copyright - New Information

I completely disagree with the opinions expressed here.

Pattern copyrights cover the document only, and cannot limit the user as some might like to state.

Please go to this link for further explanations:

Copyright Law - Patterns

 

[quincy]

You are not disagreeing with "opinions" here, bobbo, but with the law.

The Tabberone opinion site is probably not as good as reviewing case law. But, if you are willing to provide cycler with the dollars needed to defend against the possibility of a copyright infringement suit and/or trademark infringement suit and/or trademark dilution suit and/or trade dress suit and/or false designation of origin suit and/or an unfair competition suit, then terrific. We'll see how the court rules.

You can check out the following cases to see how well cycler may fare against any pattern company (and the costs involved in defending against such a suit):

Trovata v Forever 21 and the other suits brought against Forever 21 by Anthropologie, Diane Von Furstenberg, Anna Sui and BeBe or Alexander McQueen v Steve Madden or Balenciaga v Steve Madden or Wal-Mart Stores, Inc v Samara Brothers, Inc or Guru Denim v Hercel Zarrabian, et al or Deckers Outdoor Corp v Claire's Stores, Inc et al or Randy Stratton v Upper Playground Enterprises, Inc or Linea Pelle, Inc v Sabina Handbags & Accessories, Inc or Deninxworks, Inc v J.L.J., Inc et al or ELVH, Inc v Nike, Inc or Hudson Clothing, LLC v BVDJ Design, Inc. . . . .

Cases can be won or lost, settled or dismissed, but to get to a final determination by a court is time consuming and always costly.

I will repeat what I said in 2007 - If you intend to sell the clothes you make, create your own designs. That is the best way to avoid having a lawsuit filed against you.

 

[AlexeiM]

Vintage Sewing Patterns and Patterns from Made Clothes

1) How can you tell if a vintage pattern is copyright protected? I did a copyright search for Simplicity on the US Government's website, which only allows you to search back to 1978. What I found was that Simplicity only has 76 copyrights in the database, including some of their patterns. I know that more recent copyright laws include protections for unregistered works. How does this appy to sewing patterns?

2) Within a week of the Oscars and many other awards shows, copies of some of the gowns seen on the red carpet start showing up in stores. I have even seen a show which featured a company which openly admits to making copies or "inspired by" prom gowns from these events. How do the laws of copyright apply to this?

Thank you.

 

[audra.reville]

Purse Pattern

I think I have created a unique pattern. I have not seen any other pattern online or in pattern catalogs like the purse pattern I made this weekend. I am not sure what I need to do to make this pattern mine so that I could possibly sell or sell the purses made of it. Any help would be greatly appreciated.

 

[justalayman]

I think I have created a unique pattern. I have not seen any other pattern online or in pattern catalogs like the purse pattern I made this weekend. I am not sure what I need to do to make this pattern mine so that I could possibly sell or sell the purses made of it. Any help would be greatly appreciated.

please start your own thread. It simply leads to confusing when you tag your question onto the end of somebody else';s.