If I purchase a pattern to make a handbag, am I able to sell the bag I have made?

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If I purchase a pattern to make a handbag, am I able to sell the bag I have made?

I have recently bought some patterns and on the pattern they state either for personal use only and product cannot be sold. My understanding of copyright is that the pattern I have purchased is protected by copyright and cannot be copied and sold. That yo cannot copyright a bag ie the physical product. I am trying to determine if the product that I make from a pattern is then part of the pattern copyright. Who has the right of the physical product made from a pattern. Do I have intellectual property right of the product as I have through my creative efforts made the bag using my design skills in selecting fabrics and such.

Asked on June 30, 2013 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are, unfortunately, wrong:

1) Copyright includes the right to reproduce or create *derivative* works--that is, works or products based on the copyrighted material. To make and sell products using the pattern violates copyright.

2) In purchasing and using the pattern, you agree to be bound by the terms of use, which include for personal use only and not for sale.

Therefore, you cannot sell the bags you have made. If you wish to make and sell handbags, you should design your own patterns.


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