Comments on: An Update On Knitting Pattern Copyrights

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.

By: Liz

Liz — Fri, 15 Jan 2010 06:08:40 +0000

Hi Natasha, the easiest way is to contact the owner or publisher of the patterns and ask – many are OK with you knitting up and selling the items, they just don’t want you reproducing the printed pattern and re-selling that, but it’s always best to ask.

By: Liz

Liz — Fri, 15 Jan 2010 06:06:58 +0000

Hi KS,

An interesting question – my sources were online lawyers and advisors, and since going back to them the advice has changed. This is a very contentious issue it seems and no-one wants to stick their neck out! If you have more information for us, please feel free to add! Actually I believe the real issue is not necessarily the copyright, but whether it is even possible to enforce it in any meaningful way (unless you are a corporation with money to throw at legal expenses)

By: KS

KS — Wed, 06 Jan 2010 03:38:16 +0000

"According to my sources, the copyright does apply to the product created from a pattern because that is what the designer has created…"
Both my undergraduate and master's degrees heavily emphasized copyright so I'm always interested to read how others interpret the law in areas such as this. I've yet to hear that a pattern copyright can claim to OWN item that was made from the purchased pattern (particularly if it's a useful item such as clothing). You're absolutely correct that copyright is tricky. With that in mind, would you mind citing your sources (or the exact copyright codes) here for those of us attempting to assess the authority of the information and read the exact sections of law being discussed?
http://www.tabberone.com/Trademarks/CopyrightLaw/Patterns.shtml
-KS

By: Natasha

Natasha — Mon, 28 Dec 2009 19:46:39 +0000

Hi,

I have recently bought loads of knitting patterns that I wanted to knit up and sell. How do I find out if the patterns are protected by copyright or are in the public domain please?

Thanks.

By: Liz

Liz — Sun, 01 Nov 2009 23:23:47 +0000

Hi Phillipa, thanks for your question – it’s a very tricky area and a difficult one to answer! I’m not a lawyer and I haven’t seen your pattern or the original so I can’t give you a “yes”or “no” answer. It is true that if you do enough changes to a pattern you can claim it as your own work, but I’m not sure what the exact percentages are that you need to change to make it different enough. There seems to be a “common sense” element to copyright – if it’s obvious that your pattern is a copy and you are trying to make money by riding on the popularity or reputation of the original, then the original creator may ask you to stop (an example is recognisable brands like “Thomas the Tank Engine” or “Harry Potter”). But a lot of needle work uses the same stitches and patterns, they are all built from the same blocks so to speak. If you become a designer, you will be putting those stitches, patterns, yarns, colours and techniques together in a unique and original way so the design is then yours. Hope this helps!

By: Philippa

Philippa — Sun, 01 Nov 2009 20:03:08 +0000

Hi again sorry forgot to ask
how do you become a knitting pattern designer?
without coping some one else?

many thanks for any information you can give me.

By: Philippa

Philippa — Sun, 01 Nov 2009 18:55:20 +0000

Hi
My Question is
What do you do when you buy a pattern from a knitting designer ,
only find the pattern is wrong
I purchased a pattern and the whole thing is wrong.
I have had to use bigger needles thicker yarn and change the way you increase so it will fit my doll.
the same size as the pattern
Is this then my own pattern?as i have had to change so many things.
Thank you for your time