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Frustration! Question About Copyright Infringement


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Just a note here... I know I am not allowed to mention the sites or the specific patterns involved and neither should anyone reading this if you happen to figure out which ones I am talking about. :)

 

That said, I am really upset and frustrated right now. I just came across a pattern being sold on another site that clearly uses a square that I designed and is available for free on my blog. In addition, I used that square a while back to make nearly the exact same thing that this person is selling the pattern for, although I don't take credit for designing the project itself--just the square.

 

When I originally made said project, I used a set of instructions posted on another website, for free, to create my version which I considered a derivative work. So, even though I had used my own square pattern for the project, I thought this other designer's idea was unique enough that I credited her for the design and made a note about which square pattern I used so that anyone wishing to could reproduce my version of the design.

 

Now I know that stitch patterns cannot be copyrighted, and some square patterns such as the traditional granny are in the public domain and free to use in your own original designs, but at what point is the line drawn? Do components in general, such as squares and other shapes, fall under the stitch pattern rule?

 

I've always stuck to designing my own squares because I felt that those contained in books and on other websites (whether free or for sale) were original designs and only available for use in actual crocheted projects for personal use. I don't feel that I am truly creating an original design if I have to assemble components from multiple sources. To me this is a derivative work. Assembly instructions (if original) could be distributed as a pattern for sale or free as long as the actual component patterns are not included, just their source.

 

At the very least I feel that this person is doing something unethical. They are taking two patters, freely available on the internet, and selling them as an original pattern for quite a hefty profit.

 

I have not yet contacted the seller of said pattern. I decided I needed to calm down a bit and collect my thoughts so I don't say something I'll end up regretting! Posting here was the next logical step so I can see what others have to say about the issue. Am I overreacting?

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Sorry for your frustration, i can see where you are coming from:hug

 

As far as squares being re-used, i have seen that quite a bit. For example squares in Jan Eaton's book 200 Crochet Blocks have been used in designs and not credited. And lots of people seem to use motifs from Japanese books in their designs. Of course, for all i know, the squares or motifs may also have been around a lot longer in published or unpublished form, before showing up in these books.

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Thank you for "listening" to my frustrations Kathy, I have calmed down and do feel a little better now that some time has passed.

 

I noticed the same thing about Jan Eaton's book. And then I came across an old Harmony Guide to Crocheting from the early '90s and it contained both the Tri-color square and the Willow square, with different names of course, so either they've been around a while or the reprinting rights were purchased...

 

I suppose I need to accept the fact, whether it was my intention or not, that what I have done is to create the building blocks for others to design "original" patterns of their own. What really irks me though, is that the square pattern I am referring to is one that was explicitly designed for charity. I even make that clear in the first sentence of the copyright statement on my blog. I've been told that by not making visitors read the statement before they are allowed to view the pattern kind of nulls the request, but I've always taken it on good faith that my wishes would be acknowledged and adhered to.

 

Thanks again Kathy, and everyone for reading. :hug

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I read your post and sympathize with you. Glad you vented here first as that was safer. Plus we are here for you. I have thought about doing some designing but other than "tweaking" patterns to suit me have not done so. I guess one reason is I am concerned about copyright infrigement. I don't want to step on anyone's toes. But haven't given up on the idea altogether. I have had some health problems that were more important to take care of. So someday soon, I just may venture out there.

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