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The Sew What’s New Archive
This archived content is from Mary Wilkins’ sewing and
quilting message board “Sew What’s New,” which was
retired in August 2007. It is being provided by
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From: akire
Date: 02-24-2004, 08:18 PM (1 of 23)
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Hi all, been a while since I've dropped in but love catching up on the chatter...I've a question...I've been messing around with quilting and sewing for enough years now that I would love to make something to sell...even though my interest is quilting, I find the stuff I do is too large and too time consuming to think about selling...so I want to find a small item, like a change purse, something I can do quickly and learn to do really well. Give me a chance to put more quantity out than I can with quilting. (Besides every quilt I've made I've given to family...I can't seem to get out of the giving away thing!). My question is what are the concerns around using a pattern I find, say on the internet? Of course I am thinking that I could probably think up a very basic pattern, but I was just wondering about the question of copyright...does it apply to patterns like purses, not the design, but the construction? Any thoughts on this, even if related to just my interest in making something small and catchy, and trying to sell it. I live in PEI, Canada, and we have loads of little shops on the Island all looking for Island made stuff for the tourist season. I would love to do something related to quilting eventually, but need to start with something small enough so that I can get some success under my belt. I work so this is not for money. |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: allie-oops
Date: 02-24-2004, 09:11 PM (2 of 23)
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No advice on the copyright thingy, but oh my, you're from PEI! One of my bestest friends in the world lives there. Her name is Denise, she has 3 children.....it would be too funny if you knew her. I want to come visit SO bad. I need to embroider her something, I have a design of PEI! BTW - I think if you find a free pattern on the internet, there is usually copyright information there also. Such as - you may use the pattern for resale in limited quantities, or just for personal use. I download tons of free designs for machine embroidery, and most of them say it's ok to use them on items for re-sale, but not to sell the designs themselves. So do check it out. Blessings, Allie "onward through the fog"
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User: allie-oops
Member since: 10-25-2002 Total posts: 282 
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From: MaryW
Date: 02-25-2004, 10:32 AM (3 of 23)
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Akire, I think the same rules apply to small items as it does to garment patterns. Copyright rules usually are attached. I have often thought about taking the same route. I find that something very simple usually does the trick. No gimmicks or complicated designs. I sewed kids wear for years with success, but when I added hats for the boys and simple purses for the girls, it really took off. I also had hang tags saying the garment was from Halifax, Nova Scotia. For some reason that was a bonus, the customers liked the idea of having tags stating where it was made. PEI is a real touristy area, you certainly have a super place to test your designs on. Let us know what you come up with. 
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542 
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From: dmoses
Date: 02-25-2004, 11:27 AM (4 of 23)
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Mary, What was the name of your kid's wear business? One of my children had a cute little hooded jacket(hand-me-down) that was made in Nova Scotia...I forget the name on the label. I wonder now if it was one of your creations. 
Take care,
Donna |
User: dmoses
Member since: 02-22-2002 Total posts: 964 
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From: Linda in Colorado
Date: 02-25-2004, 11:48 AM (5 of 23)
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Probably the best way to find out the copyright designation on a particular pattern is to ask the designer! The worst thing is s/he could say, "No, you can't use this." Since you are in Canada, I have no idea of what laws apply in your area. You might do an Internet search for general copyright laws in Canada. HTH, Linda in colorado |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
From: MaryW
Date: 02-25-2004, 05:16 PM (6 of 23)
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I made a lot of hooded jackets, it was Firefly Designs.
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542
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From: dmoses
Date: 02-25-2004, 07:53 PM (7 of 23)
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I can't really remember, but it is possible that it was one of your designs. In any case, it was really nice...zip-front, lined, with side pockets, and a balloon applique on one side. Take care,
Donna |
User: dmoses
Member since: 02-22-2002 Total posts: 964
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From: MaryW
Date: 02-26-2004, 05:07 AM (8 of 23)
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It could have also been Apple K Designs. She did the same sort of thing, we met at a craft fair and became friends.
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542
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From: akire
Date: 02-26-2004, 10:33 AM (9 of 23)
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Actually, I was thinking of making a small change purse, or just small purse, but out of all stuff I find in thrift shops, flea markets, yard sales...fabric, clothes, jewellery, necklaces for straps, stuff like that. Then maybe writing a tiny story to go with it, a fictional account of the things I've found to make the purse...the people who used to own them...like a mini fictional history... I thought of this when I bought a bunch of old jeans to make my sister a quilt. I have just started putting the quilt together and I thought about embellishing the top with a story about the wearer of these jeans, maybe make some holes and patch them, and talk about how the holes got there. I thought the stories and the fact that the purses were made out of old stuff would add an interesting novelty touch. Any thoughts? |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: MaryW
Date: 02-26-2004, 10:42 AM (10 of 23)
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Excellent idea, a short story on somebody from PEI. I think you are onto something here.
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542
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From: Linda in Colorado
Date: 02-26-2004, 11:38 AM (11 of 23)
| The idea of writing a short story about how and where you found the items for your product, who used them previously, etc., is absolutely inspired!!!!! |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
From: MaryW
Date: 02-26-2004, 12:51 PM (12 of 23)
See, told ya. You just gotta do it now! 
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542
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From: akire
Date: 02-26-2004, 01:29 PM (13 of 23)
I suddenly feel very inspired... I keep ya posted...thanks for the positive feedback. |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: akire
Date: 02-29-2004, 07:49 AM (14 of 23)
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Okay, still doing research...but I guess I'm not finding enough basic information (or easily deciphered info) that tells me how to proceed. If I think of a pillow for example. I can just picture the basic shape, sew it, and make a pillow. There is no copyright issue here is there? A pillow is a pillow isn't it, no one has the right to all pillow shapes? So, can't I just think up a shape for a purse, even though its quite likely a shape I see (like my own purse) or have seen somewhere, but it is copyrighted? Take pottery for example. Stores here on the island make similar products, there is no 'ownership' of the form, just usually ownership of the design. Anyone know of some really basic reading information that will help me get a basic understanding...I will be contacting my local business center and Arts Council to see if they too have information I can use. I am also thinking now that my idea of a story attached to an item, made from old stuff I find/buy, will work on other things, like small, decorative pillows, small quilts, glass cases... |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: Linda in Colorado
Date: 02-29-2004, 12:37 PM (15 of 23)
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Okay, I think you are on the right track here. There are only so many different shapes for pillows. If you think up a pillow on your own, using one of the known pillow shapes, then whatever embellishment treatments you use would be your design which you could copyright if you wished. Same goes for purses, or skirts, or . . . I am not a lawyer, but this is my understanding of the process. |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
From: shirleyp
Date: 02-29-2004, 01:15 PM (16 of 23)
| Copyrights are funny things. As long as you can change 3 things in the pattern you can do anything. Ex: there are many kinds of plastic containers, but one company made a different size, with a different kind of plastic ex. Here is a good site for copyrights. It is from the states, but they are the same rules for us.http://www.copyright.gov/ |
User: shirleyp
Member since: 02-12-2002 Total posts: 352 
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From: sewserious
Date: 02-29-2004, 03:33 PM (17 of 23)
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Originally posted by shirleyp Copyrights are funny things. As long as you can change 3 things in the pattern you can do anything. Ex: there are many kinds of plastic containers, but one company made a different size, with a different kind of plastic ex. Here is a good site for copyrights. It is from the states, but they are the same rules for us.http://www.copyright.gov/ Sorry Shirley, but that is just not true. Using the pattern itself to make something is against copyright law. Patterns are copyrighted, it doe not matter if you 'change' it, you are still using the pattern. OTHO, DESIGNS (clothing) are NOT copyrighted. You can see a dress in a store and go home and make the exact same thing without copyright violation. Same would be true of pillows. It is the pattern itself that is copyrighted, not the design, therefore changing the 'pattern' may change the design, but it is still the company's pattern. |
User: sewserious
Member since: 08-24-2003 Total posts: 112 
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From: Linda in Colorado
Date: 02-29-2004, 04:42 PM (18 of 23)
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It is my understanding that sewserious is correct. Too many of us fall into the trap of thinking that if something is changed (I've even heard as little as 10%) then it is a new design. Not true. The only way to be absolutely sure is to contact a copyright lawyer, or search the Internet for this topic. In the US we can go on the Internet and request written material from the copyright office. I would think that Canada would send out written information if requested. I used to have a copy of the US copyright laws, but have lost them over time. Hmmm, must be time to get a new copy of them. I think what needs to be said is this: either do your own original design and copyright it or get permission from the person or company that owns the copyright. Okay, off my soapbox for now. |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
From: shirleyp
Date: 02-29-2004, 05:01 PM (19 of 23)
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Sorry, It seems I used the wrong word. Design is the word I should of used. I have been researching copyrights for three yrs and have a copyright certificate. I realize that because they do not ask for any specifics ,such as a patent, copyrights are hard to enforce. If you check out the site on copyrights and the part of infringments, it is this slack court procedure that causes copyrights to be weak. In order for me to have a strong copyright I also need to get a certificate from the states. Work with copyright lawyers and get a form for act of secrecy. The better security is a trademark which I need to apply for in both the States and Canada. I have made 3 changes in a design and this now falls under a new design. So now I can copyright it. |
User: shirleyp
Member since: 02-12-2002 Total posts: 352
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From: sewserious
Date: 02-29-2004, 08:50 PM (20 of 23)
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Originally posted by shirleyp Sorry, It seems I used the wrong word. Design is the word I should of used. I have been researching copyrights for three yrs and have a copyright certificate. I realize that because they do not ask for any specifics ,such as a patent, copyrights are hard to enforce. If you check out the site on copyrights and the part of infringments, it is this slack court procedure that causes copyrights to be weak. In order for me to have a strong copyright I also need to get a certificate from the states. Work with copyright lawyers and get a form for act of secrecy. The better security is a trademark which I need to apply for in both the States and Canada. I have made 3 changes in a design and this now falls under a new design. So now I can copyright it. Once again, designs cannot be copyrighted. Unique products can be trademarked and protected, but a certain design of a dress or a pillow cannot be copyrighted. The name that item is marketed under may be protected, but the design itself is not. I can make a copy of any designer dress I want, just exactly like the original down to the last detail and it is not copyright infringement. The only way I can get into trouble is if I try to pass it off as the original by using the designer's name! |
User: sewserious
Member since: 08-24-2003 Total posts: 112
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From: akire
Date: 03-01-2004, 05:57 AM (21 of 23)
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Thanks for the gov site ShirleyP. I will look into that. I hope we are all using the same words and meaning the same thing. I want to know about 'pattern' not 'design;, which I would mean to be the embellishment. Pattern is the structure itself, I hope I am using these words correctly. I think about the work I did recently where a group of young adults were to research topics and create a manual to be used by teachers as a resource. Our consulting editor told the group that we didn't have to site material in a bibliography if it was 'common' knowledge, that is to say that it was known to all of us... I know this has nothing to do with copyright, but that is why I was under the impression that all the 'basic' or 'common' shapes that are out there for the accessories we buy can't possibly be copyrighted...everyone makes them! That made me think of the 'common' or 'known' aspect of writing. Like the pottery I mentioned. THere are a dozen pottery places here, and all make some same peices, only they decorate differently and put a different 'trademark' design on them. But no one owns the shape. Anyway...I can see clearly from the posts that I need to know what I am doing before I get started. I will do more research and check with my local business center, they will likely have what I am looking for...thanks for the posts. |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: sewserious
Date: 03-01-2004, 07:09 AM (22 of 23)
| Design is something other than an embellishment. Design is the actual 'shape' of something. You design a dress. It is a thought first and a pattern later. The pattern is the GUIDE that is used to make something. It is a physical piece of paper. I can cut out square pillows to my heart's content and sell them without violating copyright, but if I use a printed pattern to do so, I am violating copyright by using the PAPER PATTERN, not by making the square pillows. |
User: sewserious
Member since: 08-24-2003 Total posts: 112
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From: akire
Date: 03-01-2004, 08:42 AM (23 of 23)
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Gotcha sewserious...gotcha loud and clear. Thanks.
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User: akire
Member since: 03-06-2001 Total posts: 61 |
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