Just because a pattern designer puts that disclaimer on their pattern, does not mean they have the LEGAL right to prevent you from selling what you make from their pattern. Some of them want to claim that anything made from their patterns is a "derivative". However, the SOLE PURPOSE of buying a pattern it to MAKE THE ITEM FROM THE PATTERN. So by selling the pattern they are essentially giving you implied permission to make the item. They only have a copyright on the pattern, which is instructions on how to make something, not on what is actually made.

There is no such thing in US Copyright Law that gives a copyright owner the authority to impose restrictions upon the use of copyrighted material once it has been sold or given away by the copyright owner.

But some patterns / books I've seen say items made from them can only be for personal use not sold. They've got it wrong from this article but it may not apply over here.

Quilckly read through the first two sections, and was happy to see that someone with a law degree finally states that pattern designers DO NOT have the authority via copyright to restrict what someone does with something they have made from a purchased pattern. I contend that while a pattern may be copyrighted, the fact that it is a pattern, there is implied use of said pattern in the sale of that pattern. If I make something, no matter what method or process I follow, I should be able to do what I wish with the item I created. A copyright holder does not get to control something I have created, even if I followed their pattern.

If a pattern designer wanted to have control of the item being made from the pattern, then they should be in the manufacturing business, and create the item to sell, not patterns.OR they should license the pattern to one or a few manufactures, so that they can better control how their item is created. But once they start selling their pattern to the general public, they lose CONTROL over what can happen to the ITEM that is created.

Thank you very much for sharing this. I wish something similar would be available for the rest of the world
Marianne

Saw this and thought I'd share.............perhaps of interest. A quilting lawyer.

http://www.bravelittlechicken.com/quilting-and-the-law-series