You are here for a reason. You’ve decided to venture into the crochet business. Maybe you will sell your finished crochet at a craft fair or online, but you have no original work? So you look to the free patterns online.
But you see the dreaded warning, “Don’t sell any finished item from this pattern”. Can the designer really do this?
Can you sell crochet items from someone else’s pattern?
Yes, you can! Regardless of what the designer states on the pattern. U.S. Copyright only protects the replication of written or filmed material. Copyright doesn’t cover what is created from the crochet pattern. The designer owns the instructions, not your finished crochet item.
I see this a lot from many designers. You will see a disclaimer at the end of their patterns that say, “Do not sell any item created from this pattern”. Well, I’m here to set the rumors straight. They can’t do this. Yes, their pattern is copyrighted but what you do with your creation after the pattern is done, is not up to the designer.
I never understood why designers say this. As a crochet entrepreneur, I see this as a quick way to lose potential customers.
You’re cutting your customer base in half! I’m sorry crochet designers, having people selling their finished crochet items from your pattern will not cut into your income.
You have paid for the pattern, the materials, and the labor. It is your right to do as you please with the finished project. The pattern’s text, pictures, and instructions are protected under the United States copyright laws.
Your completed project does not fall under this protection. But if you were to resell the written pattern, you are able to be sued by the designer.
I’m sure you don’t believe me. You heard that your friend’s aunt was sued for selling crochet items at a craft fair. Well to date no publisher has filed a suit and taken it all the way to a trial. Trust me your safe!
What is copyrighted?
Many people confuse copyright, patents, and trademarks in the crochet world. But they are not the same. According to the dictionary;
Copyright is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
Trademark A symbol, word, or words legally registered or established by use as representing a company or product.
Patent A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention.
Let me simplify this for you.
When a pen hits paper, your work is immediately copyrighted & protected in the U.S.
You don’t have to jump through hoops and paperwork to have it officially copyrighted.
The U.S. Copyright Office state that crochet is a “Works of Visual Arts” which means they are copyright protected as a visual work. In the United States, as soon as you put pen to paper (type) it is already copyrighted. You don’t need to hop through extravagant hoops just to have your crochet pattern copyrighted.
Some techniques can not be copyrighted. They would have to be patented and if the techniques existed before patent laws they can not now be patented.
What Crochet Pattern Designers are trying to prevent?
I believe what most designers are trying to prevent is a replication of their patterns and losing potential income. It is illegal to publish someone else’s written work as your own. But they fail to realize what exactly Copyright laws cover. As a designer myself, I believe it is important to know all the laws before you become a pattern writer.
What you can’t do with designer’s patterns.
You can not sell the designer’s pattern as your own. This includes sharing the pattern or giving away the copies to friends & family.
You can not copy any photos that the designer used in the pattern or for marketing. Remember any written, filmed or photography is covered under the U.S. Copyright laws.
I have noticed this is a problem in the crochet world. People who are selling their finished crochet items using images from the original designer as their own. They also use them to bate custom orders. THIS IS ILLEGAL! Use your own pictures. By law, you can get in big trouble for doing this.
How can we honor the designer’s wishes?
Like I mentioned earlier, some designers are not aware of copyright laws. Out of respect for their work, you can contact them requesting to sell your finished crochet item. I advise that you use some flattery. You will catch more bees with honey!
You typically can find their email address at the bottom of their website or on their pattern sales page. Send a short message explaining how much you love their work. Then go on to explain the reason why you want to sell your finished project made from their pattern.
You can also let them know that you will attach their information to the completed crochet item for sale. Personally, I find this strange. A purchaser of crochet never cares about learning how to crochet! But by doing this, eases the designer’s fear of letting their work go.
If they still refuse, I advise you to move on to a different designer, or you can send them this article that you are reading now.
Conclusion
Remember, you can only copyright the pattern itself. It can’t be reproduced, sold, republished. But objects made from that pattern CAN NOT be copyrighted. It may cause a lot of yarn group drama selling projects made from someone else’s pattern without permission, but not illegal, and impossible to stop, in the U.S.
If you would like more information on crochet copyright laws, you will want to check out this article.
Happy Crocheting!
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