My own pattern or not

[Sonny321]

I'm having trouble deciding something. While looking through my pattern collection the other day I came acrossed a pattern leaflet from 1995 with 3 sweaters in it. While looking at one sweater I got to thinking that it would look much better as a cardigan, so I made some crude (any drawing I do is crude lol) sketches of what I wanted.

 

I came up with and idea to turn a v-neck sweater into a long mid thigh length sweater coat with a hood and pockets ( maybe belted I haven't decided yet) and a lacy edge.

 

 

Here are the differences between the inspiration pattern and mine.

 

It is constructed differently. Rather than being made in panels and then sewn together, the body will be made in one piece starting with the bottom edging.

 

The bottom edging is slightly different than the pattern, in the pattern the edging is made in the round by attatching it to the bottom of the completed sweater and I had to adapt it slightly to get it work on a non joined starting chain and lie flatter than the one in the pattern and to achieve a cleaner look.

 

The arms will be made from the shoulder down so again there will be no sewing except for the shoulder seams and pockets and top of the hood.

 

It will have a hood and pockets which will be made by leaving a slit for them and then coming back later and stitching them with a nice solid stitch to the opening I leave that way you end up with warm functional pockets in an open weave pattern.

 

It will have a button band and some cute buttons.

 

Since it's a hooded button up sweater the neckline will Not be a v-neck like the inspiration pattern.

 

The hook size is different, the guage is smaller, and the garment measurements are different.

 

Ok here are the similarities.

 

The edge pattern is very similar looking, though I have altered 3 rows of the pattern.

 

The main body pattern is similar. The inspiration patterns uses a simple 1 row DC, 1 row DC X-stitch repeat. I wanted a lacier look so I am using a one row SC, 1 row DC X-stitch ( The X- stitch is my favorite stitch to do and I've made a number of garments with it)

 

The starting chain number is similar( not identical) to the starting row of the edging pattern on the inspiration pattern

 

 

There are a LOT of differences between the inspiration sweater and the one I am making but I want your oppinion, could I call this my own pattern? I'm totally in love with how this sweater is turning out and think it would do well in a magazine. Thoughts?

[Katchkan]

I think your pattern is yours, You were inspired by a sweater, but from there it sounds like you went your own way. You did not copy the pattern to write yours. Correct? Stitches are not copyrightable. just the way they are used. So even if you used a stitch pattern for the ribbing per they don't own the copyright on that, And more than I own the copy right on the shell or cluster stitch. No one does.

Your design sound interesting can't wait to see it.

[crochet smartcat]

As long as you do not use any part of the original pattern to create your pattern, it is your own. By that I mean, you can't work the front/back/sleeves according to the pattern and just change the length. You can look at the picture, and the type of stitches used, but everything else (IMO) should be your own creation, including shaping, stitch counts, etc. That way there is no possible way for the original designer to ever have a claim of any sort on your pattern.

 

 

If it were me, I would use the picture and maybe a stitch description, but stay away from the rest of the pattern. But maybe I am too overly cautious.

[pampsmom]

I was told once that as long as you change at least 2/3 of the pattern you could call it yours. There are only so many stitches out there to use. Anybody else ever heard that?

[Katchkan]

Personally once I have made my sketches the pattern that inspired me gets put away and I work on my own from there. I never want anyone to come back and say hey that was mine. Other wise I say I have adapted a pattern for my own tastes but take no credit for the designing, Not worth the risk as far as I am concerned.

[Lucki721]

Pampsmom: I was told something similar, like 15% could be your creation, and the other 85% can be bounced from something else.

[kazily]

Pampsmom: I was told something similar, like 15% could be your creation, and the other 85% can be bounced from something else.

 

Don't you mean 15% bounced from something else? If 85% of a pattern is from something else, I don't think the pattern belongs to me.

 

Per the original question, I think it will be your pattern if you are only getting the inspiration from the pic of the other one---& that is what it looks like to me--you saw the sweater & came up with an original design from looking at it. Your pattern has too many differences to be likened to it...IMO.

 

This is why I really am nervous about trying to learn how to write a pattern. That is one of my new years resolutions but I think I will not look at ANY patterns for a week or so before I even give it a shot LOL! Then of course I'll have writers block or a creativeblock probably

[Nadine]

I read somewhere (Interweave Knits?) that for knit/crochet patterns that you have to change at least 40% of the pattern for it to be "yours". In my opinion you've definitely done that, the design is yours. The sweater sounds beautiful I can't wait to see it!

[liz31]

It sounds to me like you've changed practically everything about the sweater. I would say its your design as well. I read something somewhere about a 30% guideline...lol...but I don't remember if it could only be 30% the same or 30% different. I wish I could remember where I saw it.

[LadyyOftheOak]

Inspiration is the key word.

[bythehook]

I'd say it's yours. I think you saw a picture of a sweater that used a stitch you liked and decided to make a sweater using that stitch. Your whole design is different, according to the way you described it. I'm thinking the only thing left of the inspirational design is the DC crossed stitches you love to use. I can't wait to see a picture your sweater.

[brenmichelle20]

I know that these are different patterns, as you designed a different way and did the pattern on your own from your schematics from a picture...so I don't see anything wrong...

 

 

My around the rosy blanket I designed in a round ripple design, was my way to do a changeup of the way they are done and because I felt mine was made similar to Angel Crafts, but mine was made different, different center and with bobbles, I gave her a credit for the neat rippling blanket...

 

You could say that you were inspired to make something from a picture, which you did, can't wait to see a picture of it... But yours is yours...don't fret...

 

I see a pattern that was on here for free, is now a pattern on Lionbrand...why don't they say who their designers are as there have been some on there that were from gifted designers here on the web for free and then you hear those designers upset because their pattern without them getting credit was stolen and shown. 1 being Marlo of marlo's crochet corner and her flip flops... I just saw someone elses design on there and they didn't sell it to them either so why don't they put the designer's name so that if there is a mistake or question they can ask a designer?

[Sonny321]

Thanks Ladies, You've pretty much backed up what I thought. It is looking gorgeous so far and I'm So excited to finish( sure wish life would cooperate though lol)

[Everyday Crochet]

While reading through copyright laws today I came across this and thought I would pass it on. It was found here

 

 

3. I'm a fledgling designer. Can I take an existing pattern I like and rework it somehow?

 

It depends.

 

Occasionally you hear [or read] people quote a 'ten percent rule' or something similar -- for example, if you change 10% of the garment, or if you change five, seven, or ten things about the garment, you've done enough to make the design your own. Those rules are not reliable. What sort of 'things' can you change? Colour? Yarn choice? Gauge? Do those changes necessitate any input on your part, besides some number crunching? Sometimes, you can't even find five things to change. Consider the sock or the tube top. Yet those patterns may be just as deserving of copyright protection as an Alice Starmore design.

 

An assessment of copyright infringement is not merely a question of quantity; it's a qualitative matter as well. There is no set definition of 'reworking;' there is no magic formula to calculate infringement. It's a subjective question: for you, for the potentially offended designer, for your lawyer, for a judge or a jury. In the end, the question of whether or not you've infringed someone else's rights in a pattern or garment can only be answered by setting out the patterns and the finished garments side by side and deciding whether or not, overall, your version is substantially similar to the original, and whether the elements you did take were protected by copyright according to the law in the relevant jurisdiction.

[queen_mo]

I have to agree with the majority. There are only so many stitches and so many styles of garments. If you were inspired by the cut of something and then changed most of the pattern, then its yours. Maybe think of it the other way around; if you'd designed yours and then the other one came out, would you think it was a copy?

[mrs who]

I see a pattern that was on here for free, is now a pattern on Lionbrand...why don't they say who their designers are as there have been some on there that were from gifted designers here on the web for free and then you hear those designers upset because their pattern without them getting credit was stolen and shown. 1 being Marlo of marlo's crochet corner and her flip flops... I just saw someone elses design on there and they didn't sell it to them either so why don't they put the designer's name so that if there is a mistake or question they can ask a designer?

 

I also posted a free pattern using LB yarns to crochetville AND submitted it to LB. I never heard a thing back but six or eight weeks later the exact pattern was now on their website. I know LB also stole the prayer shawl ministry patterns without the permission of the authors and actually sell a booklet! (The info is on the shawl ministry website.) I suppose when you're the Big Wigs of yarn you can do unethical things like that.