copyright frustration

[Yarnbender]

I am dabbling in the idea of selling crochet on Ebay. I thought it was as simple as picking up my crochet magazines or books, making an item, and offering it for sale. But if I understand correctly, everything made by someone other than me (books,mags) is someone elses property? Which I entirely agree with. If I design something I'd like proper credit too, so it's not a problem, but confusing. So am I right in assuming this??

 

example: I love making flip flop socks for myself that I got out of a Crochetworld. But I cannot make these and offer them for sale, correct? How about if I change the pattern and just use the idea??

 

Also, just starting out is it easier to make several small items or will I be more successful with larger more expensive items in the beginning??

 

Thanks so much for any info, I am so confused about it all, but would like to follow the right path.

[crochet.sandie]

That particular publication is a part of the DRG group (as is Annie's Attic and others). According to their web site, this is what their copyright policy is:

 

Can I use this pattern to make multiple products to sell? The answer is: Not without the explicit written consent of the copyright holder.

 

You can read their entire notice at

http://www.drgnetwork.com/pages/copyrights/

 

What that means is that you have to contact them before making items for sale.

[crochet.sandie]

I forgot to say Crochet World web site here

http://www.crochet-world.com/

[rsisland]

I suggest having both smaller lower priced items, and some that are at a higher price. That way there is a little something for everyone.

 

Concerning copyright......I agree to contact each magazine (or other) that has patterns you are interested in using and asking them. Some bloggers (and those with websites) make it easy by stating what they allow and don't allow. Also, some pattern writers on etsy will allow you to use a pattern that you purchase from them to make and sell items. Just make sure to ask ahead of time.

 

Good luck!!

[Krakovianka]

Actually, copyright protection does NOT extend to determining what may be done with a "useful article" lawfully made from a lawfully acquired pattern. I have been shocked by the misinformation on the internet, mostly at the sites of those zealously protecting their patterns.

 

I have recently done some extensive research, including reading the copyright laws, and will be blogging about it at length soon, expressly to set at ease those who want to sell their hand-made items.

 

You can read the US Title 17 copyright laws here for yourself:

 

http://www.copyright.gov/title17/92chap1.html

 

Section 113 is the relevant code that applies to this situation. The "exclusive rights" granted by copyright are subject to the "limitations of exclusive rights" in sections 107-122. Somehow, that gets overlooked. According to copyright law, a "useful object" made from a pattern is NOT a derivative work," and copyright law does not give the copyright holder any rights over those objects--only over the distribution of the pattern itself.

 

I'm not a lawyer. Just to be sure I understood the law correctly, I emailed the US copyright office with this question:

 

"Does copyright protection of patterns extend to forbidding items made from the pattern to be sold? If I have a legally acquired pattern of a knitted scarf, a sewn skirt, or a cross-stitch sampler, may I sell the item made from the pattern with my materials, time, and skill?

 

May a pattern designer, offering a pattern for others to make something, determine what is done with the completed item?"

 

And this was the answer I received, just two days ago: "Copyright in a pattern normally pertains to the pattern itself, not to the object that you construct from the pattern."

 

I am going to have more on my blog, and I am sure there could be an uproar against me here for sharing these facts, but I went to the source and double-checked by emailing with a direct question. Anyone else can do the same if they want to verify.

 

Bottom line: don't get your copyright information from those who have an interest in claiming more for copyright protection than it actually provides. Read the code for yourself. Ask questions if you are not sure.

 

And don't feel guilty or think you are breaking the law if you make and sell objects made with your own materials, skill, and time. You are free to do so.

[pretty_bug01]

Thanks for that useful information. I trust what you have researched since you have written about talking to the government about it and I thank you for that. I have been wondering that as well. Thanks a lot.

[LaurieE]

Thank you for sharing this information and the link.

[sonnets_and_stitches]

I think this information is interesting and important, and I'm curious to see how it will be interpreted and received. This post deserves more traffic so I'm bumping it.

 

[Yarnbender]

Thanks so much to all of you and to Krakovianka for the great information. I will most definitely go to the copyright site and read for myself. I really appreciate that you have passed all this along and brought up info that I hadn't heard before. Sounds like you have really researched this topic. I just want to do the right thing. I think we all can benefit from your thoroughness. Thanks again for taking time to help.