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Q&A
By Marla Stefanelli
We have a new store and plan on selling mostly handmade items. I also want to make clothing and purses. When does a pattern copyright expire? What about magazines and books? Can I make products from patterns and then sell them without violating any copyright laws? Also, if another person brings in things to sell, how do I know that their products aren't violating any copyright laws?
Dot G.,
e-mail
These are all good questions and you should spend some time educating yourself about copyrights if you plan to make and sell handmade items. To manufacture items, the design needs to be your own or one you've purchased from the creator. If the design is yours, you'd be wise to copyright it to protect yourself.
Patterns copyrighted before January 1923 went into the public domain at the end of 1997–unless the copyright was renewed–then it's covered for 95 years. There are some time variances depending on when a copyright was filed, but the time covered is usually 95 years or longer. The same is true for magazines and books. Patterns are published for personal use, and you'd be violating the copyright if you made more than one item and sold them. Technically, you need to purchase a pattern for each time you make an item if the items are for different people. If you used one pattern to make three items for one person, you'd be okay. Even if you made some slight change to the design, such as the color or trim, you'd still be in violation. (There are some patterns available with a disclaimer that states you can use it for any purpose–this is solely up to the copyright holder.)
You definitely want to avoid using any licensed images, such as Donald Duck or Mickey Mouse (or even similar looking images). You also can't use fabric with licensed images on it for commercial use. The large companies that hold the licenses employ people to look for copyright infringement and they're known to prosecute.
As for people who contribute items for sale, it would be to your advantage to have them sign a form that states the design is their own. If it isn't their design, they'll be the ones responsible for the infringement. For more information contact the U.S. copyright office at (202) 707-5000 or visit www.loc.gov/copyright/.
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