pattern-selling question

[pinklamb]

I found a pattern online that I tried out, but it didnt come out right. After fiddling around with the stitches, I revamped and tweaked it and made it come out perfectly. It looks like the picture of the item, but its not the same pattern (obviously). I know its not copyrighted and nothing states that I cannot sell it. What I was curious about is whether or not I would be able to sell it? I didnt want to get into trouble if I wasnt allowed to. Should I get the pattern I use copyrighted??

 

Any advice is much appreciated!

[RoseRed]

It is copyrighted whether it says so or not.

 

No, it's not the same pattern but it would be considered a derivative work of the original pattern.

 

It would be illegal to sell it. Besides, why would you want to sell someone else's work?

[Amy]

I found a pattern online that I tried out, but it didnt come out right. After fiddling around with the stitches, I revamped and tweaked it and made it come out perfectly. It looks like the picture of the item, but its not the same pattern (obviously). I know its not copyrighted and nothing states that I cannot sell it. What I was curious about is whether or not I would be able to sell it? I didnt want to get into trouble if I wasnt allowed to. Should I get the pattern I use copyrighted??

 

Any advice is much appreciated!

 

Actually, the pattern you found online is most likely copyrighted, unless it's a VERY old pattern for which copyright has expired and the pattern is thus now in the public domain. What you have created is not your own original work; you have just reworked somebody else's original work.

 

I am not an attorney, so I cannot give you any actual legal advice. Based on my understanding of copyright law, your pattern would very likely be considered a derivative work of the original. Under copyright law, distributing your version (whether for sale or for free), would then be considered copyright infringement.

 

If you want to distribute your pattern or sell finished items made from the pattern, to eliminate any legal risk to you related to copyright infringement, I would recommend:

 

1. Contact the designer of the original pattern and ask for permission to distribute your pattern or sell the finished items. (The designer may say no, preferring to go back and correct their pattern.) If the designer says no or you don't get a response, then your next step would be:

 

2. Contact an attorney who specializes in intellectual property rights (preferably in the fiber arts field), who can give you an official legal opinion about whether you have the legal rights to distribute your pattern.

 

Just for the record, if you choose to distribute your pattern without taking any of the above actions, Crochetville's guidelines would not allow for the pattern to be posted here, discussed here, or linked to from here, since we know it's heavily based on an existing copyrighted pattern. Our guidelines are partly based on copyright law, and partly based on respecting the work of the original designer.

[pinklamb]

I didnt know - I've never done this before so thank you for your input and advice. I would never want to do something illegal and I dont want to get into trouble. I will just keep the pattern to myself and will not be selling it. Thanks!

 

I need no other input regarding this post. My questions have been answered.

[Amy]

Since you have the answers you need, I'm going to close this thread now.