Copyright Issues and Limitations

8 replies
I find free and paid patterns online. In the copyright, the designers usually say it's illegal to sell items made from the pattern. How is this legal??? None of the professional pattern makers, like Simplicity, limit what people can do with their creations.

I can understand copyright protection on a pattern, but not on the work that other people create from the pattern. That's like a marketer selling a sales letter book with a template inside. But then he says you can't use the template if you're going to write sales letters for money.

The funny thing is that many of these "original" patterns found online use common stitches and designs. You can find them in dozens of books. The designers think they've created something original when they haven't.
#copyright #issues #limitations
  • Profile picture of the author EllesBelles
    My understanding is that you cannot copyright a pattern unless it contains a unique and identifiable aspect - so you can't go selling jumpers with Mickey Mouse on, and if you created a character, you would be within your rights to copyright that design.

    I think most places that include the "you can't sell this" line either haven't actually researched the law, or are hoping that their visitors haven't, and will refrain from selling due to ignorance.
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  • Profile picture of the author Alexa Smith
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    Originally Posted by Michelle Strait View Post

    The funny thing is that many of these "original" patterns found online use common stitches and designs. You can find them in dozens of books. The designers think they've created something original when they haven't.
    Yes, I hear you, there.

    This is one of those "funny areas", with regard to copyright, isn't it?

    Others it slightly reminds me of are recipes, and move-lists in games of chess and backgammon, and so on.

    I suspect that many people, wanting to try to protect as much as of their work as possible from plagiarism, are taking and using "copyright clauses" that aren't altogether applicable to the exact nature of their businesses? Sometimes things that wouldn't actually stand up in court can be used just as an attempted deterrent. And until an individual instance has actually been tested in court, who can say for sure what the outcome would be? There isn't always even a precedent for some of these things anyway ...
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    • Profile picture of the author Michelle Strait
      Originally Posted by Alexa Smith View Post

      I suspect that many people, wanting to try to protect as much as of their work as possible from plagiarism, are taking and using "copyright clauses" that aren't altogether applicable to the exact nature of their businesses? Sometimes things that wouldn't actually stand up in court can be used just as an attempted deterrent. And until an individual instance has actually been tested in court, who can say for sure what the outcome would be? There isn't always even a precedent for some of these things anyway ...

      That's probably true, especially when it comes to patterns. In any case, I'm going to speak with a lawyer before starting my crafts business. I don't plan on using patterns often (I like to create my own), but it will help to know the law.
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  • Profile picture of the author Chris Worner
    I think you should contact your local attorney instead of asking for legal advice on this forum.

    -Chris
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    • Profile picture of the author Michelle Strait
      Originally Posted by Chris Worner View Post

      I think you should contact your local attorney instead of asking for legal advice on this forum.

      -Chris
      I plan to do that before starting my crafts business. I'm not that far along yet.
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  • Profile picture of the author Tadresources
    I'm not familiar with American copyright laws all that well, but I'm fairly certain that as a general rule, patterns can't be copyrighted unless they contain some sort of one of a kind detail - and even that would be difficult to prove, in my opinion.

    This would be like Rachael Ray claiming to own the copyright to the sandwich, lol.
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  • Profile picture of the author Clandog
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    Chris forgive me for asking such a dumb question but isn't copywriting the person that makes or creates sales pages? I am new to this and am trying to learn... thanks.
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    • Profile picture of the author Michelle Strait
      Originally Posted by Clandog View Post

      Chris forgive me for asking such a dumb question but isn't copywriting the person that makes or creates sales pages? I am new to this and am trying to learn... thanks.
      Copyright laws deal with preventing plagiarism. Copywriting is writing sales copy.
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