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Your friends loved that cute bag you made and keep saying you should make more and start selling them.
You start wondering: Can I do that? Is it legal to sell products you make from someone else’s pattern?
The answer isn’t always simple.
You must read the copyright disclosure on the pattern and seek permission from the owner before making items for profit. Don’t assume you can make and sell products from a pattern you did not create. However, a lot of the time you can get permission!
Also Read: How to Make PDF Patterns to Sell
Disclaimer: I am not a lawyer and cannot give legal advice. This post is for informational purposes only.
Look for Copyright Disclosures on the Pattern
The first thing you should do is look for copyright disclosures on the pattern itself. If it says, “For Personal Use,” you’re not allowed to sell the items you make from it. That doesn’t mean you can’t make a couple of items to give to your friends and family as gifts. If no money is exchanging hands, you’re well within your rights to use the pattern.
Some patterns say, “For Pocket Money.” This means you’re allowed to make a small number of items to sell from the pattern. Sometimes the pattern restricts you to 100 items and other times the amount is unclear. If you want to create higher quantities, you must contact the pattern publisher for permission. The publisher may allow you to make more items after you buy the rights. Not asking for permission opens you up to liability.
If there is no copyright disclosure printed on the pattern, this does not mean that you can go ahead and use the pattern commercially. There is implied copyright on all intellectual property, including sewing patterns and tutorials you find on the internet. You must contact the pattern publisher, or website owner, for permission to use the pattern commercially.
What If I Modify the Pattern?
You can’t simply modify the size and color to get out of a copyright notice on a pattern. If you’re using any part of the pattern, the copyright still applies. You must make enough changes so the pattern is no longer recognizable before you’re in the clear. Also, make sure the pattern does not have any specific copyrights or trademarks on it, such as the way certain notions are attached, etc.
If you ever have questions about the copyright on a pattern, contact the publisher. Some publishers will allow you to sell items from their patterns if you give them credit or a commission. You never know unless you ask.
You might also like: What to Do When Someone Copies Your Designs.
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