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From: vmyrick
Date: 10-18-2004, 07:58 PM (1 of 9)
| I have a home based sewing business that I've been doing for about 8 mths now. I mostly offer services but am looking to offer my own line of infant, toddler, & children's clothing. I am well aware of copyright and infringement policies that's why I'm trying to create my own designs. My question concerns basic designs, it seems that when it comes to basic straight leg pants every pattern company has them. If I created straight leg pants with a pattern I made myself would that be infringement. I have a good many ideas that I haven't seen so I am going to go for the copyright and hope and pray for the best. But I was also wanting to create some basic designs to sell but wanted to know if this was legal or not before I put all my time money and effort into this idea. Thanks in advance |
User: vmyrick
Member since: 10-18-2004 Total posts: 6 |
From: MaryW
Date: 10-19-2004, 10:06 AM (2 of 9)
|
Vmyrick, hi and welcome to Sew Whats New. I absolutely do not know the answer to your question. Every single pattern company has a pattern for straight leg pants. Kids wear included, so how can they have a patent on them. I understand your quandry and I think it is a very grey area. If you want to patent your patterns, that's great but what is to stop anyone from copying your designs and ideas? I sold kidswear for years. My designs were based on a pattern and I made changes and added on embellishments. I never had a problem, but "they" could have shut me down I guess. I know a lady who does not bother to make any changes to her kidswear at all. Straight from the pattern and she has done this for 20 yrs. or more. Sorry I couldn't be of more help. MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542 
|
From: paroper
Date: 10-19-2004, 01:06 PM (3 of 9)
|
A lady near here had a shop where she bought and modified Martha's Minitures and then resold them as very fancy pagent dresses. She was prosicuted and as far as I know may have gone to jail. I was pretty amazed that since she bought the merchandise she could not do that, but I guess it was also an infringement of copyright.
pam
Bernina 200e, Artista V5 Designer Plus, Explorations, Magic Box, Bernina 2000DE & 335 Bernette Serger, Bernina 1530 Sewing Machine, Bernina 1300 DC Overlock (with coverstitch) |
User: paroper
Member since: 02-03-2004 Total posts: 3775 |
From: MartySews
Date: 10-20-2004, 06:56 PM (4 of 9)
|
One of the ways to secure your patterns is to talk with a patent attorney. That way your designs will be secure. You can go to copyright.com (I think that is the website) to gather data. I take it that you have sketches and other proof that your designs are original. You might also want to talk with one of the design schools in your state. They may be able to help you. Happy Stitching! Marty 
It takes one moment to change a life.
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User: MartySews
Member since: 02-23-2003 Total posts: 504 
|
From: MaryW
Date: 10-21-2004, 08:25 AM (5 of 9)
|
Marty had an excellent idea. The design school might help and a patent lawyer should enter the picture as well.
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542
|
From: MartySews
Date: 10-21-2004, 08:36 AM (6 of 9)
|
Thanks Mary. I appreciate the vote of confidence. When copyright laws are involved, it's best to get professional advice to protect your own design work and to protect your business interests. Happy Stitching! Marty 
It takes one moment to change a life.
|
User: MartySews
Member since: 02-23-2003 Total posts: 504
|
From: Linda in Colorado
Date: 10-23-2004, 11:32 AM (7 of 9)
|
First, I am NOT a copyright lawyer. Here is the way I understand copyright laws, although I could be wrong. If you design a pattern for a garment, in this case pants, that design belongs to you. You put "copyright (year) by (your name)" on the pattern and instructions. To make sure you hold the copyright you need to register it with the copyright office in DC. If someone should come along in the future and copy your design, you then have the right to sue them. On the other hand, just how many ways are there to design a pair of pants? That number is definitely finite. So, if you design a pair of straight legged pants, make some actual garments and sell them, you are doing the legal thing. If I should also design a pair of straight legged pants, make some actual garments and sell them, there may -- or may not -- be a way to tell that I copied your design. I could have come upon it all on my own. This is such a gray area that it's no wonder so many of us have no idea how to approach the situation. I have a friend who designed a distinctive child's chair, made a bunch of them and sold them at area crafts fairs. He had also checked into the copyright laws pertaining to his design. At one such fair he noticed someone else selling the exact same thing. He strutted himself over to their booth and informed them that they could not do that because the design was his copyright, he had not sold that copyright and had not given permission for anyone else to use the design. If I remember correctly, he also threatened a lawsuit if the other people didn't stop immediately. They stopped! My advice would be to see a lawyer who is proficient in copyright law as and do as he or she counsels you. Copyright laws -- one more way to get gray hair! |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
From: paroper
Date: 10-23-2004, 11:52 AM (8 of 9)
|
I know someone who designed a dress for her daughter made out of polyester pieces that were left over from her dresses. The design and the colors were unique. In the next printing of a pattern catalog, her dress was there in the exact colors (it was patch-worked) as the one she had designed. My daughter started something a few years ago in the jewelry line. Within 6 months they were everywhere selling for big dollars and they stayed in fashion a couple of years! The bottom line is: Protect yourself and your business. Someone local saw these ideas and probably made money on them. If you come up with the idea and it goes big, you should be the one to make the money!
pam
Bernina 200e, Artista V5 Designer Plus, Explorations, Magic Box, Bernina 2000DE & 335 Bernette Serger, Bernina 1530 Sewing Machine, Bernina 1300 DC Overlock (with coverstitch) |
User: paroper
Member since: 02-03-2004 Total posts: 3775 |
From: vmyrick
Date: 10-26-2004, 04:43 PM (9 of 9)
| Thank you all for your response. The info was helpful, sorry it has taken soo long to respond but my computer was in the shop. Ihad to ship it the very next day after posting my question(afternoon) |
User: vmyrick
Member since: 10-18-2004 Total posts: 6 |
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