IMPORTANT QUESTION!

janae1987 · 06-17-2011, 03:10 PM

I have a question regarding Copyright Laws. I'm considering entering the Cupcake Baby Set from Itty Bitty Nursery by Susan B. Anderson in our state fair - would this violate any copyright law?

Jan in CA · 06-17-2011, 08:47 PM

I don't think so. If you were making them to sell that would be a different issue.

http://yarnaholic.wordpress.com/the-...-for-knitters/

ArtLady1981 · 06-17-2011, 10:17 PM

I agree with Jan!

Besides, you're not taking credit for being the designer.

(You're the lowly builder, she's the designer and architect.)

Best Wishes for a BLUE RIBBON!

janae1987 · 10-27-2011, 05:56 PM

well..its only taken me forever to respond!!! lol!!!! i went ahead and entered the set...hat, mittens and scarf. unfortunately no ribbons...the competition was stiff tho!!! there were so many beautiful pieces!!! as disappointed as i was i just chalked it up to a new experience...and am already planning on what to enter next year!!!

kayhold · 11-01-2011, 03:04 AM

Copyright protects the pattern from being copied or reproduced but does NOT protect finished items from being sold, ever. Even if the pattern maker says you can't sell it, or that you must have a license, its untrue. Once you make the item it is yours to do with it what you want.

MrsPilgrim · 11-01-2011, 03:16 AM

Originally Posted by kayhold

Copyright protects the pattern from being copied or reproduced but does NOT protect finished items from being sold, ever. Even if the pattern maker says you can't sell it, or that you must have a license, its untrue. Once you make the item it is yours to do with it what you want.

Interesting but how does this relate to patents? You also need to keep in mind copyright laws differ from country to country. Is there a link you can provide to back up this information? Im interested in knowing more about this.

kayhold · 11-01-2011, 04:40 AM

http://www.ravelry.com/discuss/patterns/1216882/1-25n There is a pretty long discussion on it there.

And you are right - this is in the US. As far as patent goes = Copyright only protects the words that compose the pattern. If you wanted to protect your rights to a three dimensional object created from the pattern, you'd have to file for a *patent*. And you can't patent useful items, like clothing. And then as soon as anyone using the pattern changed *anything* about it, as in using a different colour, yarn, needle size, stitch, etc, it would nullify the patent. You would have to patent every possible incarnation of the pattern to cover yourself, providing what you were trying to patent wasn't deemed a useful article.

Not to mention patents being obscenely expensive.

I saw on Rav where a lady was giving out an Angry Birds pattern, and she had received a cease and desist letter. SHe had to rename the pattern to "Angry Fowl" and she was all good.

ArtLady1981 · 11-01-2011, 05:17 AM

I finally decided that if someone wanted to "hire me" to knit a sweater for them (pattern being a "copyright" design) I would ask the customer to purchase the pattern, and the yarn. Then they would only be paying me to knit it. The designer is happy, she got her $6.50 for the pdf pattern, the LYS is happy, they made their profit on yarn. I'm happy, I've been compensated for my time.

I know this scenario can't apply to all possible situations, such as what if the design is in an out-of-print book? But then there is always the Library, and Ebay.

I'd never want to tangle with some designers, even if I'm in "the right." Some designers are real nut jobs, totally paranoid about losing their "living". Why borrow trouble? One designer in particular stalks my Ravelry projects, and jumps down my throat if I say anything she considers "revealing" about the pattern stitch counts when I'm describing a modification I had to do. Even though I'm totally "in the right" and "within my rights" according to Ravelry guidelines, this designer persists in sending me nasty, threatening private messages, and went so far as to dig up my personal email and continue her hysterical rant. The lady is C.R.A.Z.Y. It's very upsetting, even though I am not breaking anything close to copyright laws!

So I really do speak from experience about crazy designers, and their paranoia! You'd never want to run into one of them, and you'd never guess who the nut jobs are!

Another precaution I'd personally take is: Keep my business to myself and OFF THE INTERNET. I'd work with customers one-on-one, face-to-face, when working out a suitable agreement for a knitted item.

The second her design hits the internet in any way, the designer knows how to find out. Search engines are powerful tools. The crazy paranoid designers would spend the time to gain this information even before they'd eat breakfast.

MrsPilgrim · 11-01-2011, 05:34 AM

Thanks for the extra info Kayhold

@ ArtLady1981 : Very good advice, if I ever knit well enough to have someone want me to knit for them Im doing it your way.

Jan in CA · 11-01-2011, 07:06 AM

That's an excellent way to handle it, Dollyce! I doubt I'll ever knit for anyone for money..for one I don't knit enough or fast enough and two I don't like making what I do for a hobby become work. It's not fun anymore that way IMO.