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Copyrights and Crafting

If you are inclined to want to really light up any crafting chatroom, ask a question about copyrights.  Individuals from around the world, without the benefit of a law degree, are more than willing to offer an opinion.  One problem is copyright laws in one English speaking country can be different from another and in most chatrooms it is difficult to determine the country of residency of the writer.  Luckily for me copyright laws in the U.S. and Canada are similar (not exactly the same, but for my purposes close enough).

There will be those who are emotional in their approach to copyrights and state with much fervor that using someone else's knitting instructions (pattern) for profit is unethical or immortal.  They say if the pattern indicates it is copyrighted or states something to the effect it can be used only for personal use, then things made using it should only be given as gifts and never sold.

On the other hand, the more legalistic among the crowd will point to case law about patterns which support the idea that no matter what it may say on a pattern or set of instructions, or whether the pattern is purchased from a major manufacturer or from an individual designer online, the knitter/buyer has the right to do whatever they like with the object they knit using that pattern.  These legal-minded folks would argue the pattern designer has no standing with regard to the final product made using said pattern.  (Geez, I'm starting to write like a lawyer, which I'm not!)   Most legalistas would argue changing something minor within the instructions and claiming the pattern is now a new creation may be in fact be acceptable legally.

If case law is your thing and you want to read more about U.S. copyright law regarding crafting, check out the website created by Karen Dudnikov and Michael Meadors called Tabberone, pronounced Tab-ber-one.  These two have successfully fought some big organizations like Disney, Major League Baseball and eBay regarding copyright infringements with an 80% success rate.  Karen sews items using copyrighted fabric and attempts to sell them on eBay; she and her husband Michael got involved with all of this when Disney complained to eBay and asked to have her eBay auction site closed down.  Although these two aren't lawyers, Tabberone sites case law to support the claims they are making.  If you live in North America, are interested or concerned about the possibility of infringing on copyrights when crafting, you might wish to check out what they have to say about the topic.

I will add here I am not a lawyer and disavow any responsible for recommendations made on the Tabberone website.  Each of us will need to either contact a lawyer on our own or determine our own ethics with regard to copying and/or selling patterns or making projects from patterns and selling them for profit.  As for me, I choose to support those trying to make a living designing and selling knitting instructions.  When I show an item I've finished following a pattern here I make reference to the designer and you the reader can go directly to either buy the pattern or where it can found free of charge.  Additionally, I don't personally sell anything I knit.  The entire enterprise is not a money making venture for me, rather a creative one.

BTW I am also knitting.  Here's a photo of the mini-mitten, a free pattern from Bernat, I just knit to see if it would match the mini sweaters, hats and socks I've made in the past.  (It's too big and thus not a match.)  I also found this great earth-toned ribbon on sale and decided I needed to make a ruffly scarf for myself.


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