Are Patterns And Templates Protected Under Copyright Laws?

[Ian1783]

I want to be able to fashion an assortment of bags for sale in shops, at craft/farmers markets, etc., but worry that what I create from patterns I create using clues from other people's work might constitute copyright infringement of some sort.

I'm talking simple designs (time honored?) like possibles bags. I create a template from an image or pattern, adjust for size, material characteristics, etc., the sew out a bag to be sold for profit.

Do any of you see issues with what I'm hoping to do? Not talking Gucci knockoffs, or anything like it, but I am using basic designs that I re-purpose with custom touches.

Ian

SF Bay Area

http://imcinnis.blogspot.com/

[WillAdams]

Useful/unctional items are not subject to copyright protection. Specific stylistic aspects can be protected w/ a design patent, but must be marked w/ the patent #..

[Ian1783]

Thanks for the response, Will. While I'm still not sure I'm especially on top of this, any input gets me closer to being comfortable with where it is I'm heading (I think).

Ian

SF Bay Area

http://imcinnis.blogspot.com/

[Cyberthrasher]

Basically, a bag is a bag and can't be copyrighted like that. BUT, any individual styles of a bag can be. If a person cuts a certain scallop into the front flap, that's a design characteristic that can be copyrighted. I'm basically just repeating what was said above, but it's a touchy enough subject that it bears reiteration. If it's not an individualized design element, then you should be good. If it's just a square bag that's been done since cavemen first decided they needed bags, go for it.

[St8LineGunsmith]

making a bag and selling it from a pattern you bought from say TLF or a pattern you found on leatherworker.net is not copyright infringement however copying the actual pattern and putting the actual pattern up for sale is without a doubt copyright infringement.

[medsar]

I second what StateLineGunsmith says about copyright infringement. To add to that -- you can't take a TLF pattern and post it on leatherworker.net (even for free) without express written consent from the copyright holder, TLF. The reason is because you would be re-publishing copyrighted material under your copyright...which is illegal.

Also, I think it is good to acknowledge who you got the pattern from. It's not required legally, but it's good etiquette.

[Brazos Jack]

Lan, These fellers are on the right track for sure. Speaking as an author of books and patterns published for the leatherworking community I can tell you that if you purchase a pattern from Tandy, Etowah River, or anyone else; it's yours to use as you please. Making and selling the item is legal. Problems arise when one chooses to reproduce and distribute the pattern itself without the express written permission of the person holding the copyright. The only time you need to worry about selling a particular item is when it has a patent mark. So, keep on crafting! Jim

[Ian1783]

Thank you all for your responses! A fellow LW member posted a template that I regarded as his attempt at producing such using a drawing program. The template itself seemed to be based on a particular online seller's "possibles" bag.

My wife and I used this pattern for the basis of a few bags sewn out as tests while we acclimated to the craft of machine sewing. We made some adjustments to the design to better fit our design sense and purpose. We're enjoying the process, and have had encouraging responses from a couple of small retailers who'd like to carry our bags.

Interestingly, I pointed out to my wife a detail on a vintage Black Forest Cuckoo Clock owned by friends: a hunter's bag as part of the whole carved-in-wood theme - stag's head, rifle, bugle and bag. The bag was remarkably similar to what we now know as a "possibles" bag.

Ian

SF Bay Area

http://imcinnis.blogspot.com/

[St8LineGunsmith]

Lan, These fellers are on the right track for sure. Speaking as an author of books and patterns published for the leatherworking community I can tell you that if you purchase a pattern from Tandy, Etowah River, or anyone else; it's yours to use as you please. Making and selling the item is legal. Problems arise when one chooses to reproduce and distribute the pattern itself without the express written permission of the person holding the copyright. The only time you need to worry about selling a particular item is when it has a patent mark. So, keep on crafting! Jim

Hey Jim speaking of copied work How do you like this?

I made it with Harness Leather and lined it with 3 oz veg tan

[Brazos Jack]

By golly, now there is a sure nuff Brazos Jack Shoulder Holster! And it looks like you followed the instructions to the letter on the shoulder strap. Well done Sir! Just makes my old heart glad.