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Old 02-19-2006, 10:44 PM   #11
aylaanne
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My guess would be that the word "GAP" when knitted in the same pattern as the logo, would be considered infringment. the TH colors, otoh, are hardly copyright to TH, so you could probably get away with it, as long as you're not copying an actual TH sweater.

However, if you're making it as a gift, I hardly think that you need to border on copyright infringement to ensure they like it. As long as you knit with care and feeling, I'm sure they'll like anything you make.
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Old 02-19-2006, 10:50 PM   #12
KatyKoolkat
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According to
this site it says that if you are making a one time gift, you shoudln't have to worry about it.

Verbatim:
I want to design an item using a popular character. Can I?
Please be aware that characters, such as Mickey Mouse, Bugs Bunny, Barney and so on, may be protected not only by the copyright on their image, but also by trademark registration. Use of a registered character can lead to problems, because the owner of the character has the right to control all use of that character, including reproduction on knitted garments and especially in patterns.

If you want to produce a chart of a character, you should contact the owner of that character first to be sure you may do so. If you are doing a one-time sweater for a beloved child, then you are probably in the clear. But, if you post the pattern on a website or sell copies, then you need to get permission or you can be in trouble for using the character's image without a license.
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Old 02-19-2006, 11:12 PM   #13
Mienna
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Maybe you could contact someone from the company and ask? I doubt they'd have a problem if it were a gift, and not for sale. I'm sure they've gotten their money out of the family already. I've often wondered about this because I'm a fan of Hello Kitty, and I see patterns everywhere, but none for sale. I have no idea if that's copyright infringement or not, but I imagine as often as you see them, someone would have said something if they were.

Just my two cents,
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Old 02-20-2006, 12:09 AM   #14
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There is an indepth article on coywrite in Vogue Knitting winter 2005/6 issue. Unfortunately it does not cover copywrited images.

But based on research I did when I had a soap buisness I would say that Ingrid is correct.

On the whole, if your use is personal and not intended for resale, and your use of that cp image does not deny the cp holder profit then its probably ok to use that image.

It is a really complex issue though. Because there are laws that govern every aspect - yet no one particular law that is black and white. Its very case by case.

If you are really interested in persuing the answers try www.copywrite.gov
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Old 02-20-2006, 12:27 AM   #15
TwoLeftNeedles
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Isn't me using the Gap logo on a sweater rather like me signing Ingrid's name to my work? I'm not copying anything she made, but I'm implying that she made the sweater.
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Old 02-20-2006, 06:17 AM   #16
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I don't see you having any problem with it.

Iam currently knitting strawberry shortcake sweaters from a published book, and as long as I don't use them for profit its okay.

I think they should be happy, it's like free advertising for them.

Laura
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Old 02-20-2006, 11:03 AM   #17
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Well, I think I am going to take my chances....and if they want to sue me, so be it!

Thanks to everyone who replied. This was an interesting discussion!!
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Old 02-20-2006, 07:05 PM   #18
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Copyrights
If a company publishes a pattern book of their characters to knit, then go for it ( as long as you don't sell it)!!. If a comapny has a copyright and a trademark then there is absolutely no legal way for you to use their character. Even if it is for a beloved child, for yourself or your great aunt Mathilda you cannot use their characters for any other purpose than what they have intended. Knitting Mickey in your sweater (unless it is from a licensed pattern book) or the word GAP is a huge no-no! I love to do stained glass and this subject is brought up all the time on the forums I visit. One of the glassers is a lawyer and this is the gist of what she tells us. People often want to share patterns from their books and this too is a no-no.
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Old 02-20-2006, 07:17 PM   #19
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Its easier to ask for forgivness then to ask permission.

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Old 02-21-2006, 12:29 AM   #20
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Thanks, Nina, for your timely reply. I had often wondered about that, but now what about the free charts and things that are online? Are they illegal to use too?
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