Marlboro, NJ asked in Business Law and Copyright for New Jersey

Q: If I purchase a design from online, would I be able to use that design on my own product to sell?

I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You would need a license to avoid copyright infringement.

Barbara Berschler agrees with this answer

Barbara Berschler
Barbara Berschler
  • Intellectual Property Lawyer
  • Rockville, MD

A: As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for resale.

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