What kind of copyright applies when you want to sell hand knitted items?
Posted on May 29th, 2009 by admin
I'm considering selling hand knitted items online but I'm not sure what limitations there are for selling items made from other people's patterns. So is the general rule to just not do it? Or is it okay if the pattern's free or if the owner specifically says you can? And what if there is no specific owner and it was just published in something?
In general, one doesn't sell someone else's work, but it does get confusing because there is a variety of ways copyright can be communicated. Keep in mind that copyright does not cover materials or techniques, what it does cover is tangible forms of expression – that is, if you are following someone else's written directions you are into copyright territory. One cannot legally sell someone else's design without permission.
When patterns are marked, "for personal use only", it normally means you're not selling the item. But, if the owner specifically says you can – often stated as "okay to sell at crafts fairs" – then you can sell what you have made, but NOT the pattern. Nor can you make money teaching from their pattern.
If the pattern is from an online source, why not contact the owner direct? Many-many times people are quite gracious with permissions. The important part is to read their copyright caveat. No copyright info? Well then, assume it has a fully covered copyright.
This doesn't help much, I know, when one is facing an ethical dilemma. One route is to pursue vintage knitting patterns of which there are many-many (many-many-many) basics. Anything published before 1923 would be in the Public Domain – and why 1923? Well, that has to do with changes in Copyright laws. In addition, patterns published without a copyright notice from 1923 to 1977 are in the public domain, but be careful, because if they have been registered subsequent to the version you are viewing, they would be covered. Read more here: http://www.copyright.cornell.edu/public_domain/
And eZine article about same:
http://ezinearticles.com/?Copy-and-Sell-Vintage-Craftwork-Patterns-From-the-Public-Domain&id=768545
additional sources:
Antique Pattern Library offers full text of knitting (and other needlework) patterns that are in the public domain – what a fascinating website! http://www.antiquepatternlibrary.org/
Iva Rose Vintage Reproductions: http://www.ivarose.com/inc/sdetail/7311
or try Project Gutenberg http://www.gutenberg.org/wiki/Main_Page
they have the full downloadable texts of "Beeton's Book of Needlework", Therese de Dillmont's "Encyclopedia of Needlework" and more.
OR you could seek out patterns using the Creative Commons copyright: http://creativecommons.org/licenses/by-nc-sa/2.5/
On google, type in: 'creative commons knitting patterns' to find sites that use the Creative Commons copyright.
As far as the literal copyright info, the US Copyright office can explain types: http://www.copyright.gov/circs/circ1.html
or you can get the PDF document here: http://www.copyright.gov/circs/circ01.pdf
Copyright info is free from the US office, never any need to pay for it as it is free at their website.
For crafters, bead-media.com has a page that helps explain http://www.bead-media.com/copyright.html
as does Yarnaholics http://www.geocities.com/jbtocker/copyright/index.html
Lauren Wood gets into the existential idea: http://www.laurenwood.org/anyway/2007/08/10/knitting-and-copyright/
Purple Kitty speaks about vintage patterns: http://www.purplekittyyarns.com/info/copyright.html
Girlfromauntie: http://girlfromauntie.com/copyright/index.php/88/
And since you've gone through all this hassle, when you ever post your own independent patterns for sale, do indicate the freedom or limits to your copyright so that next knitter knows whether he or she can sell. Good luck to you.
May 29th, 2009 at 9:05 pm
i think most patterns sold are for non commercial purposes but if you change it slightly this may get round copyright laws.
References :
May 29th, 2009 at 9:25 pm
In general, one doesn't sell someone else's work, but it does get confusing because there is a variety of ways copyright can be communicated. Keep in mind that copyright does not cover materials or techniques, what it does cover is tangible forms of expression – that is, if you are following someone else's written directions you are into copyright territory. One cannot legally sell someone else's design without permission.
When patterns are marked, "for personal use only", it normally means you're not selling the item. But, if the owner specifically says you can – often stated as "okay to sell at crafts fairs" – then you can sell what you have made, but NOT the pattern. Nor can you make money teaching from their pattern.
If the pattern is from an online source, why not contact the owner direct? Many-many times people are quite gracious with permissions. The important part is to read their copyright caveat. No copyright info? Well then, assume it has a fully covered copyright.
This doesn't help much, I know, when one is facing an ethical dilemma. One route is to pursue vintage knitting patterns of which there are many-many (many-many-many) basics. Anything published before 1923 would be in the Public Domain – and why 1923? Well, that has to do with changes in Copyright laws. In addition, patterns published without a copyright notice from 1923 to 1977 are in the public domain, but be careful, because if they have been registered subsequent to the version you are viewing, they would be covered. Read more here: http://www.copyright.cornell.edu/public_domain/
And eZine article about same:
http://ezinearticles.com/?Copy-and-Sell-Vintage-Craftwork-Patterns-From-the-Public-Domain&id=768545
additional sources:
Antique Pattern Library offers full text of knitting (and other needlework) patterns that are in the public domain – what a fascinating website! http://www.antiquepatternlibrary.org/
Iva Rose Vintage Reproductions: http://www.ivarose.com/inc/sdetail/7311
or try Project Gutenberg http://www.gutenberg.org/wiki/Main_Page
they have the full downloadable texts of "Beeton's Book of Needlework", Therese de Dillmont's "Encyclopedia of Needlework" and more.
OR you could seek out patterns using the Creative Commons copyright: http://creativecommons.org/licenses/by-nc-sa/2.5/
On google, type in: 'creative commons knitting patterns' to find sites that use the Creative Commons copyright.
As far as the literal copyright info, the US Copyright office can explain types: http://www.copyright.gov/circs/circ1.html
or you can get the PDF document here: http://www.copyright.gov/circs/circ01.pdf
Copyright info is free from the US office, never any need to pay for it as it is free at their website.
For crafters, bead-media.com has a page that helps explain http://www.bead-media.com/copyright.html
as does Yarnaholics http://www.geocities.com/jbtocker/copyright/index.html
Lauren Wood gets into the existential idea: http://www.laurenwood.org/anyway/2007/08/10/knitting-and-copyright/
Purple Kitty speaks about vintage patterns: http://www.purplekittyyarns.com/info/copyright.html
Girlfromauntie: http://girlfromauntie.com/copyright/index.php/88/
And since you've gone through all this hassle, when you ever post your own independent patterns for sale, do indicate the freedom or limits to your copyright so that next knitter knows whether he or she can sell. Good luck to you.
References :
May 29th, 2009 at 9:33 pm
Unless the pattern says you may use it for commercial use, regardless of the source or whether or not you paid for it, you must have the copyright owner's permission to make items from the pattern to sell them for personal gain. If it is published in a book or magazine or other print source the publisher is the owner of the copyright. Minor changes to the pattern to do not abrogate the owner's copyright, btw. The pattern must be materially different from the original, which means more than a change of color, or the addition of something else to it.
References :
I have been knitting for 54 years and crocheting for 37.