More on copyrights - this time on fabric

I've wanted to write a blog entry on the latest state of copyright and intellectual property issues in the fashion and sewn products business for a while. I've been watching the assertions of copyright restrictions by indie pattern designers (sewing and knitting) and the appearance of copyright restriction on fabric selvages. I've struggled with how to approach the topic because it can become quite heated very quickly.

As a fashion designer, I like to use printed cotton fabrics in my girls dresses. Over the last several years, I've been watching the rise and popularity of certain fabric print lines and their designers. I've loved the prints they are producing because they have hit upon a formula which is constantly fresh and inspiring. Long gone are the sweet floral rose buds that were so typical for infant clothing. Now there is an explosion of modern, colorful designs that are mixed and matched like crazy.

In the fashion industry there is an assumption that fabric available for sale can be used to make commercially sold products*. We don't usually take the time to ask for permission from every vendor and copyright holder before we design a season. To do so would bog down the process considerably. And let's not forget the concept of the first sale doctrine, which in the United States says the creator of an object loses control of it once the item has been sold**. Even so, I went so far as to ask permission on one fabric design a few years ago because it was designed by a well known scrapbook paper designer. This designer was known to go after individuals who used her scrapbook products to make new products to sell. But when I asked the fabric vendor, they thought I was crazy - of course I could use the fabric for a commercial product.

Well it appears with the rise of celebrity fabric designers***, that is changing. I've been reading of the recent case involving Kate Spain and C&T Publishing/Emily Cier. I won't rehash the whole thing but you can read a good analysis at The Free Motion Quilting Project. With the resulting chaos and ill will that is now floating around the quilting industry, you can see how quickly creativity can be curtailed.

This one situation throws chaos into more than just quilts. There are many childrens clothing designers, accessory makers, and manufacturers who use fabrics from celebrity fabric designers. What's to be done there? I can assure you that the fashion industry as a whole will not stand for it. There is a cost associated with printing up fabric, but it is not as hard to come up with our own designs and print our own fabric as it has been in the past. Those fabric designers need to be careful that they don't alienate the very customers they seek to serve by limiting what can done with the fabric they create. They may loose the very income they seek to protect.




*Generally speaking, it is suggested that a fashion designer not use a fabric print that contains a licensed character such as Mickey Mouse. Doing so crosses into trademark territory and Disney will come after you. There are some designs which are so distinctive that there can be no doubt that the design refers to another brand. So while the first sale doctrine may apply, why would you want to go there? In addition, it is copyright infringement to copy an existing fabric design and print it yourself. Though that gets into murky water because there are many, many fabric designs which are technically in the public domain, though which is and is not public domain is difficult to determine.

**Those statements printed on fabric selvages that limit usage to personal use are probably not legally binding due to the first sale doctrine. Though I'm certain some individuals may actually try to enforce it with lawsuits and threats anyway. If you see it and you have a concern, then just don't buy it. And as mentioned above, some companies will actually come after you.

***Please don't think that the usage of the terms celebrity fabric designers is disparaging. On the contrary, these fabric designers deserve the recognition that comes with their talent. The term celebrity simply refers to their popularity and the expansion of their brand across multiple product lines. Just as there are celebrity chefs, actors, and what not, there can be celebrity fabric designers.

Book Review : Sew Serendipity

There seems to be a trend in new sewing books for the home sewing market. Some are written by fabric or textile surface designers as a way to expand their personal brand, others are written by indie pattern makers. Usually, they include basic how-to sew information and patterns. My local library received two of the Sew Serendipity sewing books written by Kay Whitt, an indie pattern maker (though she does sell to McCall's). The first book I brought home was the book featuring skirts and coats.

The book is organized with basic sewing how-to first followed by common instructions on how to sew the designs featured in the book. Finally, the designs are featured with beautiful photography. I have to admit I skimmed most of the how-to sewing instruction as I am probably a bit more advanced. There are some photo step-by-step instructions and each design has additional illustrated step-by-step instructions. A beginning sewist would have to flip back and forth several times to get complete instructions.

There are three basic designs, a skirt, a tunic/dress, and two jackets. Variations are presented for each design with changes in embellishment, design details, and fabric prints while the basic pattern pieces do not change. I do like the basic shapes of the styles presented, though some of the design details are just not my taste. The patterns are sized XXS to XXL and her measurement chart seems to follow a regular grade, which is nice.

As a pattern maker, I was very pleased when looking at the actual pattern pieces. The line width used on the pattern pieces is very fine, which is so much better than the Big 4. Also, the notches were not the traditional outward V notches but rather slit style notches. I did trace off the tunic pattern and walked some of the pattern pieces and they matched up really well. It is important to read the pattern sheet carefully because there are not a lot of markings other than notches and the piece name. Seam allowances are 1/2 inch unless otherwise noted. In addition, you have to read the instructions for the selected design and the basic how-to for the section. As an example, there is no sleeve cuff pattern piece because it is just a rectangle, but the dimensions are given in the basic how-to section.

A few of the seams needed a bit of refinement, but should not bother most home sewists. One area that will probably cause difficulty is the coat facing. I recommend redrawing the outer facing edge just to make it easier to sew. I think the facing has a sharp inward corner to make it easier when topstitching the facing down, so the facing shape is probably intentional. As an option you can use some other guide while topstitching and still smooth out that shape to make it easier to edge finish. Just my personal preference.

Overall, the book has a nice presentation and the designs are generally appealing. As I mentioned, I did trace off the tunic blouse to sew up but I have to put it off until I get a zipper. So the review is a bit incomplete but I think a beginning sewist will enjoy it.

T-shirt pattern quest pt. 4 : Analysis of fit and construction

Here are the results of my first and second pattern test. I had enough fabric to make two shirts. Each shirt revealed problems with my construction and fit. I had added about 1" of extra wearing ease to shirt 1 and that was reduced to 1/2" of extra ease in shirt 2. The pattern was designed with 3/8" seam allowances. This allowed for an 1/8" cut off on the seam edges so that the seams finish at 1/4". I had difficulty in shirt 1 maintaining that cut off allowance, improving on the second.

One thing I did not notice is that this fabric is directional. With napped fabrics, the fabric can look darker or lighter depending on which direction the fabric lays. This interlock is not napped but it definitely looks different in different directions. I had switched the direction of the sleeves on shirt 2 and so there is a color variation. It is subtle and hardly noticeable except in certain light.

Finally, there is an issue with the fit of the armhole, which is just a bit too tight. This creates unsightly wrinkles in the underarm area. I guess I never noticed on the original shirt, but the problem exists there too. So, a bit of adjustment has to happen. I need to lower the armhole a bit and scoop out the front. This means the sleeve will need a bit of adjustment as well. The armholes will no longer be symmetrical front to back, which is how it should be. Anyway, more on that as progress is made.

The shirts are fine and comfortable enough to wear, but a modeled shot may or may not appear on the blog