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What Does 'Not For Commercial Use Mean?'

There is often quite a lot of confusion in the craft world about what the rules are when it comes to selling items made from other people's patterns or copyright designs. ­

Not for Commercial Use

This obviously relates to g­arments and accessories made from knitting, crochet and sewing patterns. However it also relates to other items such as cross stitch and embroidery patterns and rubber stamps. Many patterns and designs are sold 'not for commercial use'. This means that people can make the item for their own personal use and for gifts, but the finished items are not to be sold. Rubber stamps and some scrapbook products use the term Angel Policy to state whether their products can be used commercially. For more info see this blog post - Angel Policy.

Charity and Good Causes?

People sometimes wonder if this includes items that are sold for charity and the answer here is often the same – if the pattern or design says 'not for commercial use' then this could also mean that the finished item is not to be sold for charity.

Finding Out More

The challenge for the craft person is finding out what they can and cannot do with a pattern or design. Many online patterns, projects or designs will state somewhere what the usage terms are and whether they can be used commercially to make items to sell. Magazines and books often present this information clearly in the front pages. However sometimes it can be difficult to find the information required. Just because the information isn't clearly stated doesn't mean that it can be assumed that it is safe to sell items made from a particular pattern or design.

Tips for Using Copyright Designs

The onus is on you the craftsperson to establish whether you can use someone else's design to make items to sell. Here are some tips for establishing whether you can sell things made from other people's patterns, projects or designs:

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  • If it says 'not for commercial use' then, no, you can't make and sell items from this pattern or design. There is no reason, however, why you cannot contact the designer and ask if they would consider offering you a commercial license. The designer may charge for this license and this could range from a few dollars to much more. The price that they charge will need to be factored into your end cost, so this is something else to consider. Many designers are delighted that someone wants to sell items made from their designs and are happy to come to an arrangement with crafts people regarding a commercial license to make and sell work from their designs.
  • Keep copies of emails and other records if you try to contact someone but don't get a response. Sometimes, with old patterns or patterns where contact information is not supplied it can be difficult to track down the copyright holder. If you proceed and use a pattern or project without getting permission you may need to prove at a later date that you used your best endeavors to track down the copyright holder.
  • Some copyright holders, for instance some rubber stamp designers, request that the copyright details are shown on the finished project. It is important to check this before proceeding.
  • Even if a website or publication does allow the sale of items from its patterns or designs, it is worth keeping a print out of their terms and conditions and make sure this is dated. You will find that many companies retain the right to amend their terms at any time, and therefore you could be acting in good faith only to find that their terms have changed sometime down the road.
Do you have any tips or comments to share? If so, why not leave a comment below and share your thoughts with others!



Chief Elf - 18 January, 2010

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