Selling items created from a pattern

[maneki]

What is the name of your state (only U.S. law)? I'm in Colorado but it is regarding people all over the US

If someone buys a pattern (sewing, crochet, knitting, etc) may they then sell the items created from the pattern? I'm finding two main areas of thought on this one.

1) the pattern ITSELF is copyrighted but the items created FROM it are not and therefore may be sold.
2) Items created from the pattern are also covered under the patterns copyright and therefore may not be sold without permission.

I am not referring to patterns that contain trademarked images such as Disney mouse ears, etc. Just a normal pattern with no trademarked images. For example, if Amelia bought a knitting pattern for a shawl from Susan could Amelia knit the shawls and sell them? Thanks!

 

[FlyingRon]

Making a garment from a pattern (I assume we're talking about a convential pottern like McCalls, Butterick, Vogue, etc..) is making a copy under the law. These patterns are protected by copyright and you are given explicit license typically to make items for your personal use or in limited circumstances custom work.

http://www.ebay.com/gds/McCalls-pattern-copyright-information-/10000000009509223/g.html

McCalls does have people trolling etsy, ebay, and the major craft shows.

 

[quincy]

maneki, your question has been asked several times over the years on this forum but I am not surprised to see it asked again. There is a lot of confusion over what one can do with a pattern and what one needs to avoid doing so copyrights are not infringed.

One thread that was started in 2007, and then revived by others several times since then, asked the same question you ask today and covers the issue of copyrights in patterns pretty thoroughly. In the last post in the thread, I provided a link to a website that you might be interested in visiting, if you work in fashion or are interested in the laws of fashion.

Here is a link to the 2007 thread: https://forum.freeadvice.com/copyrights-trademarks-39/sewing-pattern-copyright-question-367341.html