Patterns and how they are affected by copyright law.

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Patterns and how they are affected by copyright law

Last Updated July 14, 2008
When someone releases patterns into the stream of commerce they effectively have relinquished control over the uses of that pattern. What we find disturbing is that there are so many people who want to believe that a pattern manufacturer or a fabric manufacturer has the right to tell you what you can and cannot do after you buy their product. It just isn't so. Image if General Motors tried to tell you where and when to drive a vehicle you purchased from them. Would you listen to them? Of course not!
A quick check of copyright records does not reveal any copyrights registered with the U.S. Copyright Office for patterns by Simplicity, Butterick, or others. Paragon Patterns has no copyrights. There are a lot of "patterns" copyrights and many are fabric patterns. Why are not these companies registering their clothing patterns? We think because they cannot. We think that is because the copyright office won't accept a registration of copyright on the patterns for clothing.
While the pattern itself isn't copyrightable, and there is no question about that because it is a useful item, the product made from that pattern certainly is not. Useful items, such as clothing, cannot be copyrighted. A unique design embedded within the clothing article might qualify for a copyright but there are conditions attached, and, the design would have to be copyrighted apart from the pattern. The sewing pattern is a set of instructions for making a utilitarian object. While the way those instructions are expressed is copyrightable, the pattern and the finished item are utilitarian and not subject to copyright.
Logically, how can a copyright extend to the item made using the pattern even if the pattern could be copyrighted? The actual fabric being used would not be covered by the pattern copyright even if it could be copyrighted. The snaps, zippers, velcro, etc, used to make the item would not be covered by the pattern copyright, even if it could be copyrighted. The pattern copyright, if valid and we don't believe it is, would only cover the physical pattern purchased. The purchaser, that being you, buys the pattern for a fixed amount of money. It is now yours and the manufacturer no longer has any legal control over what you do with the pattern, including in our opinion, you may

Make copies of the pattern to either sell or give away
Post a copy of the pattern on the internet for others to use
Modify the pattern and sell it as your own
Many pattern manufactures falsely claim that you cannot make items to sell from their patterns without their approval or a license. Many pattern manufactures falsely claim that you can make a limited number of items to sell from their patterns without their approval or a license. Like software, patterns are sold, not licensed. In Bobbs-Merril vs Straus, 210 U.S. 339 (1908), the Supreme Court limited the rights of copyright holders to only those allowed by statute.
These claims of expanded limits on the copyrights are false and unsupported by federal law. Beginning with Bobbs-Merril vs Straus, federal courts have regularly rejected attempts by copyright holders to expand their right beyond those allowed by statute. So why do they continue to do it? Because they can. And often, people believe their claims. Mostly because they want to believe the claims. Many, many, crafting boards have comments posed where the crafters believe, or want to believe, the pattern manfacturer can limit what someone does with their patterns. Image Disney selling a coloring book and demanding only certain colors can be used for certain characters or they will sue for copyright infringement. The coloring book is yours after you purchase it; color it as you wish..
However, this fact will not stop these companies from improperly interferring with you attempting to make items to sell. Why do they do it? Because they know the average person will not fight back. These companies, supported by their unethical bottom-feeder corporate lawyers, will continue their mis-information campaigns until stopped by a civil suit.
We do get input on these pages. In response to the issue of a pattern being a useful item, from Darlene Cypser, Esq., an attorney in Colorado, with whom we agree on this issue:

The (dress) design itself is an idea and is thus not copyrightable. (Usually within 24 hours of the Academy Awards knock offs of every single designer dress on that runway will be for sale online and the designers can't do a thing about it. You can't copy and sell the TV footage where you saw the dress but you can copy and sell the dress.) A drawing or a photograph of a dress design is a creative expression of that idea and is copyrightable. It cannot be directly used to construct the item as a pattern can be.

See also Copyrightability for more information and court cases supporting these arguments. See also "End User Licensing Agreement" ("EULA") for more information and court cases supporting licensing statements.

See also Licensed Fabrics and also Licensing & Licenses.