Altered pattern

[Tornberg]

Hey! I have been crocheting for going on ten years, so I would say I’ve built up some skill in that time. But I have a really hard time understanding some legal things about purchased patterns. I have bought a few patterns recently, they have not been ideal for my goal but I started using the patterns and after a few tries I realized that I actually have the experience to create what I wanted without a pattern, of course it resembles the ones I’ve purchased but I’ve altered it quite a bit. So, does that make it my own pattern or is that copyright infringement? 
 

I could not find the right topic for my question so I hope this is okay and that someone can help me.

Thank you in advance 🥰

[Lacycrochet]

6 hours ago, Tornberg said:

Hey! I have been crocheting for going on ten years, so I would say I’ve built up some skill in that time. But I have a really hard time understanding some legal things about purchased patterns. I have bought a few patterns recently, they have not been ideal for my goal but I started using the patterns and after a few tries I realized that I actually have the experience to create what I wanted without a pattern, of course it resembles the ones I’ve purchased but I’ve altered it quite a bit. So, does that make it my own pattern or is that copyright infringement? 
 

I could not find the right topic for my question so I hope this is okay and that someone can help me.

Thank you in advance 🥰

Welcome to Crochetville

Any art that is altered is still infringing on copyright.  I am also an artist and I can tell you that any piece of art that is copyrighted would have to be altered to the point of no colour, no background, no inner content other then just an outline of whatever the original picture was because you cannot copyright an outline, so I would think it would apply to crochet patterns as well.  You would have to alter that copyrighted pattern so drastically that it would not look like the original pattern at all.  I am not a lawyer but I do know copyright law in my art and I cannot see it being any different in any different type of art. Look at the music world where artists have been sued for a run of notes that sound similar to another song written by another artist.  Sorry, this may not be the answer you were looking for.

You sound like you have an interest in design, if you do design an original piece, we have a section here to post in if you are looking for pattern testers.  Good luck.

 

Edited January 13, 2023 by Lacycrochet

[NCcountrygal]

https://www.copyright.gov/
https://www.copyright.gov/help/faq/

https://www.interweave.com/article/crochet/crochet-copyright-101/
"To help you navigate copyright rules and regulations, we have created a ten page free downloadable eBook. Know Your Rights: Copyright 101 for Crocheters will help you answer questions such as whether changing a certain percentage of an original copyrighted work allows you to copyright your own piece and what is “fair use.”"

https://lucykatecrochet.com/crochet-pattern-copyright-plagiarism
an experience

[Granny Square]

There are different laws in different countries, but  In the US you can do whatever you want to alter the crochet pattern to suit you.  You can even sell things made exactly following the pattern, or even 'sort of' following the pattern.  Copyright protects an author's words, drawings schematics and photos; what you CANNOT do is copy the words and graphics of a pattern and distribute the words and graphics in any way, even for free.  Only the author has the RIGHT to distribute COPIES of their work.  

It does not, however, protect the author from you doing whatever you want from items you create using the instructions from that book, as long as that thing does not include the copying the author's words and graphics.  It is not illegal to make a thing following a pattern and selling the thing.  Same as, you can bake a cake from a cookbook and sell the cake perfectly legally.  The crocheted item and the cake are not the words and photos, therefore are not covered by copyright.

This is why after an awards ceremony, clothing manufacturers can sell 'knock off' versions of a zillion dollar couture gown for a fraction of the price.

A licensed item is a whole different thing; sports and most other company logos, Disney characters for example are covered by a license, which can be renewed by the holder.  You can make a sports logo blanket for your own use, but you cannot legally offer a pattern for it or sell the item.

 

Edited January 13, 2023 by Granny Square
added words for clarity