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What Do I Do???????????


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If it doesn't give you express permission in the book to sell an item made from one of the patterns in the book than contact the publisher of the book. Better safe than sorry.

 

Julee

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I am currently making a scarf from a pattern in a book. Everyone that sees it wants it. What is the protocol for selling an item made from a pattern in a book??? Is it okay?? Or just don't do it???

 

Don't do it, 9 times out of ten if it's in a book you can't sell it, it's ilegal.

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Don't do it, 9 times out of ten if it's in a book you can't sell it, it's ilegal.

 

Actually, it may be perfectly legal. It's a courtesy to ask a designer about selling items made from their patterns, but copyright laws do not cover certain items (clothing, specifically), because controlling the distribution of useful articles falls into the realm of patent law, not copyright law, and copyright law cannot be used to obtain patent protection.

 

You can read the copyright guidelines here:

 

http://www.copyright.gov/fls/fl103.html

 

Asking permission is usually courteous--I realize that. However, not asking permission is not always illegal, and that's a distinction that needs to be understood.

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Tell them up front that for you to sell a copyrighted item is illegal and you cannot do it. If your friends are crocheters, direct them to the pattern source. If your friends are not crocheters, offer to teach them to crochet so they can then buy the pattern and make one for themselves.

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There should be a place in the book that would say if its okay or not. Most published things will do so. I would contact the author of the pattern if you are really super worried. I agree with Karen though.

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Try to remember that Crochetville is not an accurate representation of the 'real world'. Many of the women here are much more educated about copyrights then 'out there'. The ville's rules are also stricter than copyright law to protect themselves.

 

The truth of the matter is there are many more people that do not care about copyright law than those that do. The ones that choose to violate it don't discuss it. The posts would be deleted and you would be directed to the Rules & Regs section to brush up on them.

 

Technically, it's not copyright law that you're violated. It's the usage statement (can't think of the official name at the moment tho). Copyright simply means that the pattern belongs to the author. The liscensing tells you if you can sell it, where you can sell it (online or real life) or if it's only to be used for charity projects.

 

I am a designer and the sad truth of the matter is most people ignore it. What you do is really up to your own conscience. What you discuss on the ville is guided by the forum rules & regs.

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When someone asks me to make them something, I tell them to buy me enough yarn to make 2 of the item. Of course most of my crochet goes to charity so that is what I would use it for. Its still kinda like getting paid...

also, if your just doing it for friends and arent selling online or at shows its probably fine.

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I guess whether you're making a profit or not comes into it. If I make anything for a friend, I don't charge them but I ask that they buy the yarn. I don't make a profit, except the odd leftover skein. I'm not a licensing lawyer (and a non-US citizen not living in the USA, so subject to different laws anyway :) ) but I would find it odd if that were considered a violation.

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