How to Find Out If a Pattern Is in Public Domain

Patterns are intellectual property.

A pattern, such as a template used to manufacture a dress, can be copyrighted in the United States. Drawings and materials accompanying the pattern are also protected by copyright laws. Copyright protection, however, only lasts for a number of years. The pattern is then no longer protected and is in the public domain. In other words, anyone can use the pattern freely. Before you utilize a pattern, make sure it is not copyrighted.

Instructions

1. Find the date the pattern was published or created by looking at the copyright information associated with the title. This information is usually located on the first or second page in pattern books. If you are unable to locate the date but know the pattern name, you can search for the pattern's publication date or copyright online. See Resources for more information. If you are unable to find a date, it is safe to assume the pattern is still copyrighted.

2. Identify the precise year the pattern was created or published. Patterns originally published between 1964 and 1978 are protected for 95 years. More specifically, through U.S. copyright law, patterns are protected for 28 years from the date of publication with an automatic renewal of copyright protection lasting an additional 67 years. If the pattern was published after 1978, it is protected for the life of the author plus 70 years after the author's death unless the pattern qualifies as a work for hire. With patterns made as works for hire, the protection lasts for 120 years from the date it was created, or 95 years following original publication, whichever is less. These rules also apply to unpublished work created after 1978 and patterns made anonymously or through pseudonyms.

3. Calculate the date of publishing or creation to today's current date to see if the pattern is still under copyright protection or has relinquished into public domain.

Tips & Warnings

• Drawings and materials comprising a pattern are typically protected by U.S. copyright law. However, specific construction or creating methods and processes are usually not protected by U.S. copyright law. The end product, or actual piece of clothing, is not copyrighted.

References

• U.S. Copyright Office: How Long Does Copyright Protection Last?
• Margos Patterns: Usage and Copyright of Patterns
• Tabber's Temptations: Patterns and How They are Affected By Copyright Law

Resources

• U.S. Copyright Office