Reproduction sewing patterns

[18luckycharms]

I just came across a seller that is having reproductions of vintage sewing patterns made and then is selling them here on eBay. They talk alot about their patterns and what they come with but I have not seen them use the term "licensed reproduction" once. Is it legal for someone to do this on eBay. Can you sell reproductions of vintage items you had made yourself without acquiring the proper licensing? What are Ebay's rules around this topic?

[nobody*s_perfect]

If the copyright has not expired, then permission from the copyright holder would be required for ... making copies.

[slippinjimmy]

Define what you mean by "vintage"?

Copyrights don't last forever.

[chevymontecarlo88]

I would say it is no different than selling a vintage item as BRAND NEW when it obviously is not. (maybe slightly different 😀) 

[18luckycharms]

The patterns range from the early 1930s to the late 1970s.

[chapeau-noir]

What I know: Before about 1928 everything is in the public domain. After that until 1963 everything remains in renewable copyright, if copyright is renewed. After 1963 copyright would be violated. Having said that, for US copyright, patterns are considered "useful  items" and so are not copyrighted, but the contents (design, printed materials, etc.) may be. It's pretty confusing, though. 

Copyright violation is a civil matter not a criminal matter, so I doubt anyone will be hauled off to jail for doing it, and it's the copyright holder who needs to prosecute.

I'm not a lawyer, though, not even on TV, so this is my layperson's understanding.

[onlinecentral]

What are Ebay's rules around this topic?

Verified Rights Owner (VeRO) policy

What is the policy?

Intellectual property rights owners
Only intellectual property rights owners can report eBay listings that infringe on their copyright, trademark, or other intellectual property rights.

Not the rights owner
Members who are not the rights owner can still help by getting in touch with the owner and encouraging them to contact us.

https://www.ebay.com/help/policies/listing-policies/selling-policies/vero-policy?id=4349&st=3&pos=1&...

[tobaccocardyahoo]

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@18luckycharms wrote:

The patterns range from the early 1930s to the late 1970s.

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If they are from a period when copyrights had to be renewed and they were not renewed, they could be in the public domain and legal to reproduce.

Copyright law is complex enough that without researching the specific vintage  item the question cannot be answered.

This is no different from the many print on demand books which are offered on Ebay.

I have reproduced and sold public domain printed matter without violating any laws.

[gurlcat]

I'm even less of a lawyer, but to me logic would dictate that the whole reason the seller reproduces the patterns is there's enough demand for the old designs that he/she can make a little money selling them on eBay, but probably not enough demand for the companies to keep printing them, thus no reason to renew their copyrights. 

Some of the companies do bring back a few classic designs here and there so I would think these at least have copyrights.  Here's one I bought and sewed in about 2013.  -Got it at Walmart, lol.  

[1786davycrockett]

@18luckycharms 

It would be up to the copyright owner to file a claim through eBay -- and, being as old as you state theseitems to be, the original copyright owner may be long deceased, or the copyright not renewed.

Considering the millions and millions of items listed on eBay at any one time, eBay simply doesn't have the time and personnel (much less the wherewithal) to track down each and every copyright owner for each and every item on eBay.

By some miracle, perhaps one of the current copyright holders may chance upon one of those listings -- and then THEY can do something about it.

Let it be someone else's worry, and not yours.

[chapeau-noir]

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@gurlcat wrote:

I'm even less of a lawyer, but to me logic would dictate that the whole reason the seller reproduces the patterns is there's enough demand for the old designs that he/she can make a little money selling them on eBay, but probably not enough demand for the companies to keep printing them, thus no reason to renew their copyrights. 

Some of the companies do bring back a few classic designs here and there so I would think these at least have copyrights.  Here's one I bought and sewed in about 2013.  -Got it at Walmart, lol.  

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What I would do to be that size! I wasn't even when I was a young'n.

[gurlcat]

Ha, nobody is that size, ever.  The waist barely wider than the neck?  🤣   Nah. 
But I do wish I was still the size I was when I made the dress!  It is so cool and easy, just TWO cuts of fabric sewn together to make a garment you simply poke your head through and bring the sides in to button at the waist (see the little outline of it in the bottom left corner of the original package). 

[chapeau-noir]

I am always and forever that very unfashionable size 10. But yeah, the model sketches on those patterns are like the worst of modern AI.

[moondogblues]

I made a lot of my own clothes for years and was so disappointed when the pattern companies stopped using the drawings of skinny girls and started using photos of 'real' people.  And I was very thin but never could get over imagining myself as THAT thin.  Remember when one woman said You can never be too rich, or too thin.

In my 70's now and far from thin, far from rich too, oh well.  We get by.

On the copyright thing...like someone said it varies.  I still sew so went to my table stash and have a pattern from NEWLOOK for a coat.  No c in the circle, and , wait...there is an "All rights reserved" statement.  And it's a Simplicity pattern.  And a statement about to be used for home use, etc, no commercial.  Up in the air I would say.

[pickapaper]

I think it is sad that people don't sew like they used to.  I used to make almost all my own clothes and even some shirts and a coat for my husband.  Fabric stores with all the beautiful fabrics were my idea of heaven.  I even bought sewing magazines so I could order fabric sample pieces from all the companies that advertised in those magazines (and they would happily send an envelope full of little sample squares so you could actually see what the fabric looked like, and they would show how to coordinate fabrics together to make an outfit; I got some beautiful fabric that way).

Alas, over the years it got so that it was about as cheap to buy readymade clothes, the price of fabric got too high and patterns' prices got ridiculous.  Fabric stores went out of business.  The only fabric stores in my area now days are ones that specialize in quilting or cutesy fabrics for kids or home decor and even those are on the line; one big store here just announced it is closing.

So, I say kudos to those who still sew clothing and if it turns out it is okay for that seller to reproduce patterns, kudos to her for thinking of it.