Reply
 
Thread Tools Display Modes
Old 01-21-2008, 09:30 PM   #1
JamOKnit
Knitting the Flap
 
JamOKnit's Avatar
 
Join Date: Jul 2006
Location: Central VA
Posts: 438
Thanks: 108
Thanked 67 Times in 60 Posts
Adapting patterns and selling knitted items
Hi all....I have a dilemma of sorts...hoping you have some advice.

A friend of mine saw my pictures of my FOs, mostly baby hats, and she is crazy about them! She is actually planning to open a high-end baby store and would like to try selling some handmade items. She would like to work out a deal with me to make a few and test them in the store to see if there is interest.

The problem is, the hats I've made thus far have been gifts for friends, all made from free patterns I got on the web. I'm sure that there is a problem with someone else selling items made from other's patterns, right?

I've never created my own pattern, and not sure that I could before she wants a few hats to sell. So exactly what magnitude of changes would constitute a "new" pattern? I mean, if I took a stitch pattern from an encyclopedia and incorporated it into a basic hat pattern, would that be original enough? Or if I added stripes, bobbles, buttons, etc?

Thanks in advance for your advice.....
__________________

I'm JamOKnit on Ravelry.
JamOKnit is offline   Reply With Quote

 

This advertising will not be shown to registered members. Join our free online community today!

Old 01-21-2008, 11:32 PM   #2
ArtLady1981
Moderator
Mod Squad
 
ArtLady1981's Avatar
 
Join Date: Aug 2006
Location: Kent, Washington
Posts: 10,473
Thanks: 5,264
Thanked 3,893 Times in 3,014 Posts
Oooooh, that's a sticky one all right! The free patterns we receive on Knitty, etc. usually have a very concise copyright attached at the bottom of the page, don't they?

Well, in the art world...9 major changes must be incorporated into your artwork if you want to sell it as your own art design. Even then, some artists sue other artists over the issue...and sometimes win.

My company has dropped the images of certain artists like hot potatoes when another artist makes a claim of infringement. (and it is hard to copyright ART!) We just drop the artist rather than fuss and go to court over copyright laws. We expect the artists we carry to do their own homework prior to handing us their "new" work. If they get into hot water, we just drop their art.

It is good of you to think carefully about the issue. It shows that you are conscientious and honest-hearted.

A side-story: I make Thank You Cards, using rubber stamps. I have been approached numerous times about selling my cards to them, or in stores. I reply with: "The rubber stamps I used for these cards are copyrighted. I can't sell the cards. If you buy a piece of art from me, I will give you a thank-you card FOR FREE...but I can't sell my cards to you. You have to buy the stamp from the store, and make your own cards. That is how the original artist makes her money...if you buy the stamp!"

Anyway, read the copyrights closely.

IMHO: if you make enough changes to the item, it really becomes another design. I mean, how can one copyright "cables surrounded by rev st st"? Isn't that all the Irish Hiking Scarf is??
__________________
Knitting Help Video Index

Artlady at Rav
ArtLady1981 is offline   Reply With Quote
Old 01-21-2008, 11:49 PM   #3
YarnKitten
Ribbing the Cuff
 
Join Date: Jan 2008
Location: Saint John, NB, Canada
Posts: 86
Thanks: 8
Thanked 12 Times in 12 Posts
I was actually just thinking about this myself today. It's a bit of a situation. I was thinking that if I were to sell anything, I'd contact the makers of the pattern and would agree to give half to the Animal Rescue League in my city and keep half to renew my knitting stash. Maybe you could do something similar?
__________________
OTN: Basic knit scarf for my mother-in-law
Red scarf that I'm making up as I go along

YarnKitten is offline   Reply With Quote
Old 01-21-2008, 11:53 PM   #4
kristinw
Turning the Heel
 
kristinw's Avatar
 
Join Date: Mar 2006
Location: New Hampshire
Posts: 874
Thanks: 2
Thanked 110 Times in 103 Posts
Free pattern or not, you should contact the designer and ask. Some do state right on the pattern whether it is okay or not. If it doesn't say, I would ask. My opinion anyway.
__________________
Kristin
Mom to Nicholas - Born 5/16/06

My knitting blog: The Knit of It

I'm kristin on
kristinw is offline   Reply With Quote
Old 01-22-2008, 01:30 AM   #5
HollyP
Working the Gusset
 
HollyP's Avatar
 
Join Date: Jan 2006
Location: under a pile of UFOs and homework
Posts: 1,870
Thanks: 654
Thanked 786 Times in 577 Posts
I'm pretty sure that if you take a stitch pattern and apply it to a basic hat pattern you are good. Or make a baby blanket with another stitch pattern. Honestly who can say they invented the pattern for a basket weave baby blanket. I have an almost 90 y.o. baby blanket knit by my Great Grandma for my Grams in that pattern. There is an article on Knitty about copy right and selling.
__________________
Holly


Southeast Baby Oddball Blog
HollyP is offline   Reply With Quote
The Following User Says Thank You to HollyP For This Useful Post:
ArtLady1981 (01-22-2008)
Old 01-22-2008, 04:43 AM   #6
LilHuskiesFootBallMom
Turning the Heel
 
Join Date: Jul 2007
Location: Gloversville, NY
Posts: 736
Thanks: 91
Thanked 166 Times in 136 Posts
Send a message via AIM to LilHuskiesFootBallMom Send a message via Yahoo to LilHuskiesFootBallMom
when in doubt: don't do it.

it's always best to contact the owner of the pattern (or image... as I did for a paper for my web page development class.. it was on copyright infringement so I e-mailed the owner of the graphics i used in the paper and asked permission... she gave it.. but that short 5 seconds to send out the e-mail saved me grief w/ my instructor!).

Supposedly you have to change a pattern 10% for it to not be the same as the original...

I wouldn't do it in all honesty.
__________________
OTN:
nada. taking a break.
LilHuskiesFootBallMom is offline   Reply With Quote
Old 01-22-2008, 09:21 AM   #7
Knitting_Guy
Grafting the Toe
 
Knitting_Guy's Avatar
 
Join Date: Dec 2006
Location: Following the white rabbit
Posts: 4,992
Thanks: 2,318
Thanked 1,130 Times in 832 Posts
While the basic design of any hat is pretty much the same from hat to hat, you'd need to do something to make your design unique in order to call it your own.

If you use a pattern that has something very unique about it, I'd say don't sell it. If you create something that is unique itself, then it would be yours to sell and you'll feel better about it to boot.

I'd suggest starting with a basic hat design that is common to most hats, incorporate unique design features of your own, and thus create your own pattern for it.
__________________
Mason

What do you mean guys don't knit?

Linux: because a PC is a terrible thing to waste.

Perfection is overrated. Knitting is meant to relieve stress, not cause it. Relax and enjoy it.

My boring blog http://masonm.joeuser.com

My knitting blog
http://knittingguy.blogspot.com/

My New Home Page (work in progress)
http://www.gpstrucker.000hosted.com

Knitting_Guy is offline   Reply With Quote
Old 01-22-2008, 10:28 AM   #8
JamOKnit
Knitting the Flap
 
JamOKnit's Avatar
 
Join Date: Jul 2006
Location: Central VA
Posts: 438
Thanks: 108
Thanked 67 Times in 60 Posts
Thanks all for your sage advice. I have never designed my own hat before, being that I've only been knitting for 2 years, but maybe it's something I can work on. I just wouldn't know if what I came up with was unique enough! Or maybe I'd make something, thinking it was all mine, and then turns out it was an idea someone ELSE had and I had no idea!

This is a tricky situation. I think I will tell my friend I need to hold off until I can come up with something on my own.
__________________

I'm JamOKnit on Ravelry.
JamOKnit is offline   Reply With Quote
Old 01-22-2008, 03:19 PM   #9
willowangel
Knitting the Flap
 
willowangel's Avatar
 
Join Date: May 2007
Location: Aberdeen, Scotland
Posts: 455
Thanks: 224
Thanked 111 Times in 86 Posts
It's a really difficult area, that no-one really knows the ins and outs of. A basic hat pattern is one that starts off big and reduces in stitches, and no-one can really copyright that - the only thing they can copyright is the exact written instruction. If you take a stitch pattern (which aren't copyrightable anyway) and do a few repeats in a circle, and reduce either in normal st st or try to reduce the pattern in a way that looks good, then it's yours and no-one can have a go at you for it. You know how many stitches to cast on for a hat already, so just choose a suitable stitch pattern and play with it until it works :-) Good luck!!
__________________
New blog! http://thewildatheartkeptincages.blogspot.com/
willowangel is offline   Reply With Quote
The Following User Says Thank You to willowangel For This Useful Post:
Nikkilc (01-22-2008)
Old 01-22-2008, 04:33 PM   #10
JamOKnit
Knitting the Flap
 
JamOKnit's Avatar
 
Join Date: Jul 2006
Location: Central VA
Posts: 438
Thanks: 108
Thanked 67 Times in 60 Posts
Good thought, willowangel. I am thinking about stitch patterns and also color designs that I can use to turn a basic hat into something special/new. Hopefully that will do the trick! I would of course be happy to share my own patterns with the knitting world, such as posted on my blog, etc.
__________________

I'm JamOKnit on Ravelry.
JamOKnit is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
selling items made from purchased pattern sammis_grammi General Knitting 12 01-30-2010 06:25 AM
Adapting patterns?!! Laurencass1602 How-to Questions 2 07-05-2009 01:04 PM
UPDATE (pg. 2) - Selling hand crafted items from patterns cookworm General Knitting 17 06-22-2008 10:04 PM
Selling knitted items tokmom General Knitting 2 03-12-2008 01:20 AM
Selling Knitted Items mom2hancj General Knitting 3 01-22-2008 05:07 PM

All times are GMT -4. The time now is 12:45 AM.