Some (read: many) copywrite questions

[ManyTimesBlessed]

I'm thinking of selling some of my projects so I can save up some Christmas money (I'm lying, I just want money to buy more yarn for myself :lol ). First I need to know:

Is it ever possible to get permission from the pattern's author to sell the completed project? Or do I need permission at all? Is the copywrite for the pattern or the finished project (if that makes sense)?

Are patterns found on the internet copywrited? (assuming they aren't on LionBrand or JoAnn, but just a geocities page or something)

Is it legal to make, say, a scarf from a copywrited pattern, then give it to someone for free but charge for the work and materials you put into it?

If I have a pattern for something but want to adapt it so it looks different, how much would I have to change the pattern before it is no longer copywrited?

What if I am making something really simple like a dishcloth, and there happens to be a pattern out there somewhere for an identical dishcloth. There are only so many ways to make something that you are going to clean with. :) Would that present a problem.

And a slightly unrelated question, is it legal to make a bunch of baby hats or something from a copywrited pattern, then give them away as gifts in exchange for a donation that will go to a non-profit organization? I would really like to be able to give a big donation to our town's pregnancy center this Christmas, because they really need money more than clothes or hats at this point.

Thanks, crochet gurus!

[RachelG]

Those are some interesting questions. I can only answer questions 1, 2, and 4:

Is it possible to get permission from the pattern designer to sell a completed item?

Absolutely. I've done it. Just write a nice letter...maybe even promise to make a hang-tang saying "pattern created by (their name)"...and put the address to their web-site or something like that.

Are all patterns found the Internet copyrighted?

Yes. Some people do specify, too. Like, "You may not do anything with this pattern." Or, "You can use this pattern for personal use only." "Or, you can make this pattern and sell it the item, but only for charitable purposes." Or, "As long as you don't sell the pattern, you can sell the finished product." You really have to read what they say or ask them.

How much do I have to adapt a pattern before it is my own?

I've heard 20%.

I'm sorry I can't help you with all of your questions. Perhaps Donna can be of more assistance (she's been reading about the subject).

Rachel
www.crochetpatterncentral.com (http://www.crochetpatterncentral.com)

Oh, no...I just wrote a whole post without a single emoticon! I can't help myself: :p

[SamplerLady]

Anything that is uniquely done by an individual is copyrighted. Your post, this post, etc., is copyrighted and by law can't be reproduced without permission. If one takes the time and money to register the copyright, it makes it easier to legally persue stopping someone from using it.

I, too, can't answer many of the rest of your questions. I guess that's why I try very hard to figure out how to make my own things. Then again, it's not guarentee. I am making a baby blanket using the diagonal box stitch. Last night I thought, "Wow! This would make a great shawl." So this morning while looking on directions on how to do the stitch (to pass on to someone else) I found someone had already had a shawl pattern on a website. Now, the stitch isn't copyrighted, but the pattern for the shawl is......

You are right in saying that there are only so many ways to make a dish cloth. And I would safely say that no one is going to come after you if you develop a way to make one and then find someone else thought of it before you did. So, as you learn how to make things and things are constructed, you'll eventually learn how to make things just using a stitch pattern and your own knowledge. Will you come up with something entirely unique that no one has ever made? Maybe, but chances are, someone thought of it first a couple hundred years ago. Would I worry about it? No. Unless you become a multimillionaire because of it, no one is going to come looking for you. :))

[Ambersafghans]

I have trouble with that as well. I have tried emailing some "big companies" for permission to sell items I have made from their patterns, but I haven't heard back from them. I did get a reply from someone who was not a "big company" and all she wanted was the credit for making the pattern.
I made an American flag once that was my own design. One I will NEVER do again! I made the whole American flag out of granny squares! And then sewed them on. later, I found a picture on line of one that was identical! Even the blue field!
Amber

[ManyTimesBlessed]

Oh no, Amber! What a pain that must have been.

Thanks for the info guys :D

[RachelG]

You're welcome. :) Sorry we couldn't help more.

Rachel
www.crochetpatterncentral.com (http://www.crochetpatterncentral.com)

[Donna]

The usual disclaimer: I'm not an attourney and I haven't consulted an attourney. Others have answered some of your questions, but I'll answer, too.

Is it ever possible to get permission from the pattern's author to sell the completed project? Yes, it is possible to get permission. Not everyone will give it, but it's worth a try. Like Amber said, you're not going to hear back from the big companies.

Or do I need permission at all? Yes, you need permission.

Is the copywrite for the pattern or the finished project (if that makes sense)? The copyright is for the written pattern, but you still need permission to use the written pattern to make items if you intend to sell them.

Is it legal to make, say, a scarf from a copywrited pattern, then give it to someone for free but charge for the work and materials you put into it? No. If you charge for the work and materials, you are charging for it. What else is there to charge for besides work and materials?

If I have a pattern for something but want to adapt it so it looks different, how much would I have to change the pattern before it is no longer copywrited? I don't know the answer to this one.

What if I am making something really simple like a dishcloth, and there happens to be a pattern out there somewhere for an identical dishcloth. There are only so many ways to make something that you are going to clean with. Would that present a problem. You are right; there are only so many ways to make a dishcloth. And it is possible for two (or more) people to come up with similar things independently. It would be pretty tough for anybody to claim coyright on an all double crochet dishcloth. As long as you really did come up with whatever you are making yourself, I wouldn't worry about it.

And a slightly unrelated question, is it legal to make a bunch of baby hats or something from a copywrited pattern, then give them away as gifts in exchange for a donation that will go to a non-profit organization? I would really like to be able to give a big donation to our town's pregnancy center this Christmas, because they really need money more than clothes or hats at this point. This looks to me like even though the end result is a charitable donation, the hats are still being sold.

All of this is just to the best of my knowledge, so don't take it as the gospel. Hope it's helpful.