Publishing self-figured-out pattern

[Lena Vollbart]

Hey there,

 

I figured out some patterns from pictures and want to share them with others online.

Do you think this is a problem with the rights of the pattern’s creator?

 

Thanks for answering!

Lena

 

[redrosesdz]

HI Lena and welcome to Crochetville! 

 

Yes, it is a legal problem.  Pattern designs fall under the copyright laws.  Just like you can't republish someone's book, you can't republish someone's pattern.  You can write out or copy small sections of a pattern to get help on a section where you're stuck, but it can't be enough to give away the whole thing.  You can contact the designer and ask about writing up a pattern for them.  Chances are they already have it written up.

 

I know someone that has crocheted for decades, but never learned to read a pattern or even a diagram.  She looks at a picture or the actual finished product and just duplicates it.  I think it's amazing that you can do that, too!  What a gift!

 

One thing you can do is post pictures of your finished work.  There is a show-and-tell section here at Crochetville.  We'd love to see your work there!

[Lena Vollbart]

Thank you for your answer, it is very helful

I'd like to post my work when finished...

I wan't post the pattern, but it is kind of sad because the original pattern istn't available online at the moment and will perhaps never be anymore...

[Granny Square]

Welcome to the 'ville!

 

You never know, just because you couldn't find a free pattern for a photo you found on the net doesn't mean the pattern wasn't published somewhere in paper form and is under copyright, or you just didn't happen to find the online site where the designer is selling her pattern designs.  Not all patterns are free, or online.  Except for simple/basic things, or copyright expired things prior to 1923, most patterns (legally, in the US) aren't.  For example, I just did a very generic search on sweater patterns on Ravelry: over 50,000 were listed.  Only ~12,000 were free.

[magiccrochetfan]

Thank you for your answer, it is very helful

I'd like to post my work when finished...

I wan't post the pattern, but it is kind of sad because the original pattern istn't available online at the moment and will perhaps never be anymore...

You can describe in general how you made it, like top down with raglan increases and shell stitch pattern on the body.....things that are general, not the specific instructions. You can post as many photos as you want.

 

And if you enjoy this, maybe you can take the next step and create your own designs without looking at a picture of anyone else's work. It does not have to be wildly original, just has to be your own creation rather than copying anything.

[Amy]

The legal answer to the question depends upon the country in which you live and when the original pattern was published.

 

In the United States, designs for useful articles (clothing, for example) are not copyrighted. The designer's actual written instructions and photos are copyrighted. But the design itself is not copyrighted, which is why many different people can produce patterns for a basic raglan-shaped sweater, for example.

 

To get the answer for the specific pattern involved, you'd really need to consult with an intellectual property attorney. Another option would be to contact the original designer or publisher of the pattern to see if they intend to publish it again. If the original publisher doesn't intend to do anything with the pattern in the future, they may grant you permission to distribute your version.

 

Even if you're given an opinion by an attorney that what you want to do is legal, if you ever want to be a professional pattern designer, you may create a negative reputation for yourself. Most professional designers will not write and distribute patterns that are intended to be copies of another designer's already existing pattern.

[Lena Vollbart]

Thanks for all the detailed answers!

I just wanted to know, if there's any known legal regulation about that matter. Now I've got an impression...

 

I personally think, that figuring out and puplishing a pattern you found out by watching at a picture is totally okay as long as you don't claim it as you own creative work. I woud compare it with explaining to somebody how to play a piece of musik to somebody else. There are a lot of people doing this in the web.

I think the expample about the republishing of a book doesn't catch the point. But I'm not happy with my example neither. I have to think about this topic a bit more. It seems like a philosophical question

Nevertheless I will not puplish the pattern and maybe go to figure out some on my own...

 

Thanks again for yout thoughts and effort.

They were really helpful.

[magiccrochetfan]

 

There are a lot of people doing this in the web.

 

 

There are people online doing all kinds of things that are not strictly legal, and certainly that don't comply with the guidelines of Crochetville.   Just because some people do a thing does not make it right or a good idea.  

 

Look at it from the other side:  If you created a totally original pattern, wrote it up and published it with a nice photo, and then somebody put your photo online with their interpretation of how to make it....enabling people to make a similar thing while ignoring your actual pattern....how would you feel about it?  

[Amy]

Thanks for all the detailed answers!

I just wanted to know, if there's any known legal regulation about that matter. Now I've got an impression...

 

I personally think, that figuring out and puplishing a pattern you found out by watching at a picture is totally okay as long as you don't claim it as you own creative work. I woud compare it with explaining to somebody how to play a piece of musik to somebody else. There are a lot of people doing this in the web.

I think the expample about the republishing of a book doesn't catch the point. But I'm not happy with my example neither. I have to think about this topic a bit more. It seems like a philosophical question

Nevertheless I will not puplish the pattern and maybe go to figure out some on my own...

 

Thanks again for yout thoughts and effort.

They were really helpful.

 

Just because you see someone doing something on the internet, that doesn't mean what they're doing is legal. Some people are just unaware of the legal issues involved. Others are fully aware yet choosing to do what they're doing until and if they get caught, hoping that all that will happen is they'll receive a cease and desist letter instead of a lawsuit.

 

Don't rely on what you read on the internet, even what you read here. Do your own research at the US Copyright Office website: http://copyright.gov and the US Patent and Trademark Office website: http://uspto.gov. Consult with an intellectual property attorney, preferably one who specializes in the creative arts.

 

I can tell you that if anyone made a video or written pattern based on the photo from an existing pattern, with the intent to duplicate someone else's creative work, and I know that's what they have done, they would not be able to post, link to, or discuss anything about their work here on our site. We have very high legal and ethical standards for what we allow to be posted on our site.