Question about Copyright

[LoveCrochetQueen]

I currently made a crochet dress that I did by eye. There was no pattern. But the design isn’t mine. What can I do. I’m giving her credit as : inspiration from ___.  I want to sell this project but don’t want to get sued. I am using my own pictures (of course) I will give credit where credit is due. I just want to know that I’m not doing anything ilegal or cause my enemies. 
thank you. 

[Bailey4]

Are you selling the dress or the pattern?

 

[LoveCrochetQueen]

Just the dress. I never wrote down the pattern. And feel that will be inmoral seeing that I wasn’t the one that created 

[ReniC]

I did some copyright research quite some time back and came across an article about a State Supreme Court decision about your question. The judge ruled that any art/craft pattern is NOT eligible to sell by anyone other than the original artist, especially not copies. Items made from the patterns can be sold or gifted as many times as the "Maker" desires. The judge went on to specify that this included any kind of art form such as paintings, fiber crafts, photography, pottery, etc.

I sure wish I would have saved the article to show proof of this case because I'm sure there will be some dispute about this. Can't argue with a judge though.

[Granny Square]

In the US, copyright only applies to photographs and the written word.

After the Oscars and other gala occasions where celebrity ladies wear $$$$$$ designer gowns, practically the next day tiny dress shop x is selling knockoffs of those same gowns for far less - this is perfectly legal.  You cannot copyright a thing.

License is something else, let's say a Walt Disney character.  You can't sell a pattern to make Mickey Mouse, or make Mickey Mouse dolls and sell them. (edit well you can, if Disney grants you a license which will cost you a probably very hefty license fee).

But some ordinary clothing item like that top, you can make and sell the item even if you followed a pattern by somebody else, or eyeballed the end product and reverse engineered it like those Oscar gowns, which is what you are basically doing.

^ what Reni said, we posted about the same time -- pattern itself not OK, thing made or derived from it is OK.

edited again - in the US, you don't have to formally apply for a a copyright, you can post a pattern or photo on you blog and they are automatically under your copyright until decades after your death.  License is has to be applied for, doesn't last all that long, and needs to be renewed.

Edited March 9, 2021 by Granny Square

[ReniC]

Quote:

The U.S. Copyright Office has also included knitting and crochet patterns in its list “Works of Visual Arts” indicating that the patterns may qualify for copyright protection as a visual work. Either way, it’s best to assume that the pattern itself is copyrighted.

Copyright in Knitting and Crocheting - Plagiarism Today

One can include with their signature a copyright symbol and there is a degree of protection, but, the U.S. Copyright dept encourages registering, which entails application and $$.

Copyright can be so drawn out as there are so many rules and "sub-rules". It is interesting to me though.

[LoveCrochetQueen]

 Thank you very much 🥰🥰🥰🥰🥰 this helps me a lot. I don’t have any yarn lover in my family. So I feel like this forum is my crochet/yarn family.  Thank you 🙏