Comments on: An Update On Knitting Pattern Copyrights

By: Jazz

Jazz — Mon, 12 Dec 2011 00:25:27 +0000

Hey,
Have read through everything and thought I would add what I know about copyright, as it is something I have to be very careful about once I get the shop up and running. When it comes to changing a pattern, article, book etc it has to be changed by AT LEAST 25% to be able to call it your own. If you use a different stitch, different needles and a different colour…its yours… so… let us say I have put up a copyright garter stitch scarf, using 5mm needles, in noro silk…. you then knit that scarf in stocking stitch, on 7mm using an aran weight… you have changed the pattern significantly enough to sell it. However, there is still a massive grey area… what separates all the different garter stitch scarves? How many times have you seen the same pattern but with a different name on somewhere like Rav?? The patterns I give away to people tend to be the ones I have found free elsewhere, with the credited designers name and url… and the copyright logo… but what my customers do with that pattern afterwards??? I do not know!!

Anyway, that was my bit
Jazz
x

By: Connie Delaney

Connie Delaney — Mon, 06 Dec 2010 16:02:36 +0000

Thanks for the informative post. I have a full line of knitting patterns that I am happy for people to use to make and sell items. It only seems right because my patterns are for handspun and exotic yarns, and each knitter becomes their own designer in choosing yarns, colors, and many of factors. Please give me credit when due. Of course, I do not want people to copy and sell the patterns themselves. See http://spincraftpatterns.com.

By: Hennie

Hennie — Tue, 31 Aug 2010 19:22:57 +0000

Hi Liz, thanks for the info. I make and sell things to raise funds for my sons memorial fund, Supporting epilepsy) If I see a pattern I like, free or not, I message the designer and ask permission, so far I have only had one person refuse me, several who haven't replied, so I dont use their patterns to sell, just as gifts.
Most people, I find have been nothing but helpful, and very supportive.

By: Amy

Amy — Sat, 19 Jun 2010 00:49:58 +0000

Hello Liz, I have worked out my question with an example that should clarify my question a little better. I hope it doesn't seem too silly, but I would really like to know about this one, as copyright can get tricky and some details can be surprising. I was looking for some information about avoiding copyright issues when creating crochet products, and thankfully I have just come across your website. I have begun to create my own original designs, and hope to open an etsy shop one day where I can sell them. For now, I am interested in sharing a free pattern on my blog. I make 'amigurumi' crochet toys, so I work in the round for the most part. My question is, how can I avoid copying someone else's crochet pattern by accident? I imagine this could happen since crocheters work in common multiples ie: 6,12, 18, 24 or 5, 10, 15, 20 etc. when working in circles. For example, let's say person A is selling a simple pattern for a black toy spider, with a round body and eight legs, and works in multiples of 6. They put the spider pattern up for sale in their shop. Later, they get an e-mail from person B who has spotted their toy online, and is upset because they have already created a spider using the exact same multiples, and since the patterns match exactly, person B suspects person A has copied them on purpose. In actual fact, person A has not copied person B, but was attempting to create an original pattern. Now, even though person A and person B have design two very different toys style wise (ie: different length of legs, different eyes, one wears a hat, etc) person B insists person A stole their idea. In this scenario, is person A infringing on person B's copyright, even if person A created the same pattern by accident/unknowingly? I have often heard that 'not knowing' is not an excuse that will stand up in many cases. I hope you can help! thank you, Amy

By: Amy

Amy — Wed, 16 Jun 2010 20:08:08 +0000

Hi Liz! I visited your site for some information on copyright and original designs. I found the following bit of info you provided most relevant to my question. You wrote: "Obviously, you can’t just change a couple of stitches and claim a design as your own, but you can use the ideas and techniques in a pattern to create your own designs. Exactly how much different it needs to be to not infringe copyright is like asking "how long is a piece of yarn?". A lot of it is down to common sense and courtesy really" What I am getting from this is, it is Ok to create a similar product, (say a crochet teddy bear for example) as long as it is not exactly like, or strikingly similar to a product already in existence. Common sense means being as original as possible in the creation of your own designs. I do amigurumi (crochet creatures). I work in the round in common multiples (6,12, 18) (5, 10, 15) (4, 8, 12,) etc. So I imagine it is possible to copy a pattern by accident too! If you could give me some advice on these questions, I would really appreciate it! thank you, Amy

By: mandybeau

mandybeau — Sun, 30 May 2010 07:34:39 +0000

I design knitwear, that is totally orginal and offer the patterns for Sale, this way if others make them and sell, I am happy long as they leave me the small amount for the initial pattern. Seriously though, it is nigh on impossible to pull copyright restrictions and make them stick people are just soooo blatant. Anyone wanting to look at my patterns can find them on my Site. I also do sewing and other design work. I know that others have used them, and am happy to encourage this. My jerseys are all made from recycle wool it gives them a beautiful look.

By: Heather

Heather — Wed, 28 Apr 2010 00:05:35 +0000

Clothing is considered utilitarian, or "useful articles" under copyright laws and are therefore not protected under the Copyright Act. This means that you cannot copyright the design of an article of clothing as a whole. However, aspects of the clothing are copyrightable if they exist separately from the utilitarian aspect of the clothing. Examples: print found on fabric, or specific characters knit onto a sweater. Bitlaw.com explains "useful articles" in more detail at
http://www.bitlaw.com/copyright/unprotected.html
and for more copyright info related specifically to knitting check out Ms. Yarnaholic's School for Wayward Skeins at
http://yarnaholic.wordpress.com/the-copyright-faq-for-knitters/7/

By: Melanie Shanks

Melanie Shanks — Tue, 20 Apr 2010 10:36:43 +0000

Superb posting! I 100 % consent with you.

By: Elly

Elly — Tue, 20 Apr 2010 07:29:34 +0000

Any advice for myself as now I’m thinking about working on a blog similar to this?

By: Tabberone

Tabberone — Sun, 28 Feb 2010 20:00:46 +0000

I have on my web site two letters from the Register of Copyrights that state patterns are generally not copyrightable. And even if they were, the Supreme Court ruled over 120 years ago that a dress made from a pattern was not covered by any possible copyright the pattern might have.
While patterns are generally not copyrightable, one could possibly still be prosecuted under common law for copying and selling the pattern as their own.