Copyright for craft patterns?

Question

If you see a sewing pattern for a design you like, and later sew similar items which you will sell on, using your own interpretation of the items, and not using that specific pattern, is that considered copyright infringement?

Answer 1

If I understand your facts correctly, what you are considering doing is creating a derivative work.  As a general matter, the copyright holder has rights not only to the original work, but also to derivative works.

A derivative work can take the form of "any . . . work [that] may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represents an original work of authorship, is a 'derivative work.'" In short, a derivative work is a whole work based on one or more other whole works.

The question can become more complicated if you only use part of the original work or you substantially transform your work in some way.  However, these issues are not present in your facts.

For more information about derivative works, consult the link below.

http://www.chillingeffects.org/derivativ...