is it legal to sell my patterns ?

Does legal selling also apply to finished props/suits? I've always thought it was a breach of copyright or trademark if you were to sell full costumes, like an iron man suit for example.
 
NO

Seriously, it is NOT legal to profit or exploit someone else's intellectual property for your own gains. Don't ever think it is, no matter what you can "get away with" on Etsy, Ebay or in the RPF junkyard.

This entire site, as well as all prop sites or cosplay sites, exist on the good graces of copyright and trademark holders. They allow us to make derivative works of their stuff because it helps them get exposure and good PR by supporting fans or it's just too much hassle to sue every little hobbyist (not to mention the badwill it would produce). But do not think for one second that Marvel, Lucasfilm, DC and all the others don't know what we are doing, because they do, and they only allow us to continue as long as we don't get too carried away. Remember that companies like Disney have more lawyers on staff looking for something to do than some towns have inhabitants, so if you ever get a C&D letter, stop whatever you're doing immediately and (if needed) consult a practicing copyright lawyer.

Also, see this thread.
 
JOATRASH FX
but,there are someone like orhadar ,and others sell their spider man patterns.but it seems they didn't get sued or what.
just asking,is it even legal to make spider man patterns ?

Sent from my SM-J7108 using Tapatalk
 
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ronchan32004 said:
@JOATRASH FX
but,there are someone like
Click to expand...

Just because you get away with something doesn't make it legal. Read my post again to learn why those people probably haven't been sued. The only way to make it legal is to get an actual license from the IP owner. There are countless threads on the RPF about this. (Making something, like a Spider Man cosplay suit ONLY for yourself may be legal in some areas or countries, but don't assume it is. The baseline answer is "no".)
 
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No, it is NOT LEGAL. Is it tolerated?.... yes.
Properties owned by the mouse, at least Marvel and Lucasfilm have been quite lenient to fans that make and sell costumes, props etc. If you are an individual selling digital patterns that YOU created, you are most likely ok. If you are a large company selling hundreds of toys or prop replicas that are clearly their property, you will probably have a problem.

Maybe your question should be: Can I sell some patterns to fellow prop enthusiasts or cosplayers without fear of serious legal troubles?

Good Luck!
 
I'm curious as to where you guys are getting your info about selling patterns. Everything that I have researched states that patterns are not protected under copyright law. It seems that as long as you created the pattern and you are not selling it as a "Spiderman" costume but rather a "Superhero" costume pattern then you should be ok.

[url]http://www.tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml

https://library.osu.edu/blogs/copyright/2014/07/14/patterns-and-copyright-protections/[/URL]
 
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JOATRASH FX said:
Just because you get away with something doesn't make it legal. Read my post again to learn why those people probably haven't been sued. The only way to make it legal is to get an actual license from the IP owner. There are countless threads on the RPF about this. (Making something, like a Spider Man cosplay suit ONLY for yourself may be legal in some areas or countries, but don't assume it is. The baseline answer is "no".)
Click to expand...

This is good to know. But, how does this compare to selling a "service" rather than a character? Say for example, you pay a painter money to make a mural on the side of your house. In theory, you're paying him for the service of being an expert painter and painting something for you. But what if you wanted him to paint a picture of a trademarked character? He isn't selling the character itself but his painting experience and knowledge, so wouldn't the same be said for people who make costumes for others?
 
if you can't sell the pattern, sell the access to it

- - - Updated - - -

mDBCnSs.jpg
 
Jedifyfe said:
I'm curious as to where you guys are getting your info about selling patterns. Everything that I have researched states that patterns are not protected under copyright law. It seems that as long as you created the pattern and you are not selling it as a "Spiderman" costume but rather a "Superhero" costume pattern then you should be ok.
Click to expand...

Well, the The OP did specifically ask about selling spiderman patterns, so my answer was to that question only.

But even if you don't use the name, but make something that artistically is close enough that people will always mistake it for Spiderman, you are opening up for trouble. Sure, you might eventually "win" in the latter case if it became a legal dispute (Disney actually lost a lawsuit here in Sweden a few years ago when they sued a company that was importing generic bears in red t-shirts), but again... places like Disney can keep throwing lawyers at you until your grandchildren are having kids.


KilTheMaskedGuy said:
if you can't sell the pattern, sell the access to it
Click to expand...

It's not the patterns that are the problem, but the association and exploitation of the trademark "Spiderman".


Huang said:
This is good to know. But, how does this compare to selling a "service" rather than a character?
Click to expand...
The painter in your example is profiting from copying someone else's intellectual property, so again, you are opening yourself up to issues even if you're not likely to ruffle any feathers by having it done. Games Workshop specifically stated on their website a while back that you are not allowed to have their imagery tattooed, but what are they realistically gonna do to stop fans from doing it?

But this is now getting into complicated issues and grey areas, and thus is pointless to discuss here unless someone in the thread is a practicing copyright lawyer.

So again, I suggest everyone follow MM's thread link above about asking for legal advice on forums...
 
Here is the US the copyright law would not protect any seller of patterns so even if he sells them, the person buying them can legally resell the patterns. If he uses TRADEMARKED words to describe the patterns, then yes, he is opening himself up to potential issues. Studios normally would send you a Cease and Desist letter. Disney, Marvel and Lucasfilm (back when they were separate companies) were the hardest on sellers. Lucasfilm was lenient to most makers of costumes as long as they were not profiting from it. Disney didn't care if you made money or not, they protected their IP with furious vengeance.

SO, to answer the OP's question:

Can you legally sell SPIDERMAN patterns....NO

Can you legally sell patterns for a SUPERHERO ARACHNID PERSON suit....YES.
 
I'm always hesitant to chime into discussions like this but...here goes.
:)

Someone offering their services for hire would be liable if he accepted money to perform a task that resulted in breech of copyright.
In other words a painter should know better than to paint something on a wall without proof of ownership of said design.

Someone selling a pattern of a copyrighted character would be in breech of copyright. Simply put, you can't profit off of someone else's property.

Someone selling a pattern of a copyrighted character with all logos removed could certainly still be liable for damages. What I mean is simple...Inspired by is not the same as copying, and removing identifying logos leaves you with a copy of said design. That's a big no-no too.

Also, changing the name of the character to something that creatively suggests the character while still having 'copied' the pattern is also illegal. Brands, Names, Logos are one thing and absolutely copyrightable/trademarkable. Designs are another and subject to copyright just the same.

Something else people seem to forget...
Someone selling anything under copyright, even for less money than it cost them to make it is still absolutely in breech of copyright.

If you profit off of someone else's intellectual property, you're liable for damages. Remember that the word profit relates to the sale of the goods...so even if you sell something worth $1,000.00 for only $1.00...that single dollar is profit from the sale of an unlicensed item...and as such liable for damages.

David
 
DAVIDYR1 so patterns are copyrighted? I know designs are and anything labeled as "Spiderman Pattern" would infringe on copyright but "generic superhero spandex man" would as well?
 
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Jedifyfe said:
@DAVIDYR1 so patterns are copyrighted? I know designs are and anything labeled as "Spiderman Pattern" would infringe on copyright but "generic superhero spandex man" would as well?
Click to expand...

Let's continue to use Spiderman as our example. :)

OK so if someone has a Spiderman pattern, and sells it as a Spiderman pattern...that's illegal. Why? Because the Name is trademarked and the costume is copyrighted. Selling that is like selling a mold to mass produce something, along with using the name that belongs to that given character.

Same Spiderman pattern, but now sold as an Arachnid Primary Color pattern. Still illegal. Why, because the 'costume' is still copyrighted and this is a copy of that costume. Even with the chest and back logo removed, the costume is still identifiable as Spiderman and that's what the courts look at. So in this case you're selling the mold under a different name. Same mold as the above example which is still just as illegal. It doesnt suddenly become legal because you're calling it something else.

Now...Same pattern, with webs, logos and all identifiable logos and markings removed...now called Primary Color Pattern. Believe it or not but, 'Possibly' still a legal issue. This is now more of an inspired by and not a copied pattern or design so technically a grey area but intellectual property is fickle and very much about 'if it walks like a duck and quacks like a duck...then it must be a duck'.
Look at this as selling the same mold with most of the details being worn out. It's still from the same mold though, right?

A copyright lawyer once told me that if you take an infringing item and show a black and white photo of it, side by side the real item it was copied or inspired by...also in a black and white photo...if they look similar enough then that's all that's needed to press the issue legally.

At the end of the day, making what you want for yourself is one thing.
Selling what you've made is another. That's the way this all goes downhill fast.

Do you want to sell something that you copied - however it is that you copied it? Even if done purely by looking at the original and not tracing, recasting or using 3D game files? No matter how noble or righteous your effort is in creating said item, if it's under copyright then you're liable for damages.

The above is my experience in this environment over the last almost 9 years. *I'm by no means an expert and no one should use my words as a gauge for where one should or shouldn't place himself, but this is what I've gathered from this world in the last few years.
It can get muddy at times, but the grey area isn't what most think it to be. It has more to do with is it worth pursuing someone legally VS is that person actually infringing on said property...because 9 times out of 10 that individual selling kits, patterns and what not 'is' in fact infringing weather he/she knows it or not.

David
 
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