Copyright question

General Knitting
1

Hi! :waving:

I’m (finally!) nearing completion on the design samples for my “Design Your Own” Kitchen Cloths and Accessories book and I wanted to double-check the matter of copyright one more time.

For nearly all the sample designs I’ve used stitch patterns that I’ve seen in at least two (and usually more) stitch dictionaries. For instance, almost every comprehensive collection of stitch patterns you look in will have the seed stitch, garter stitch, double moss stitch, etc. etc. plus other more elaborate stitches.

These stitch patterns, as I’ve used them, are incorporated into a project that also may use more than one stitch pattern as well as various finishing techniques. So while using the stitch patterns I’ve selected, I’m using them in conjunction with other things to create a whole new product.

The way I understand it is that I can copyright the book itself as well as the sample designs without infringing on the copyright of any of the stitch dictionaries that I used in developing those projects.

Is this true? I would really appreciate some input on this.

Thanks so much for your help!

Ruthie :hug:

2

Stitch patterns aren’t copyrightable, only how you use them in other designs. As long as the pictures and text of the st patterns are your own, you should be able to copyright the book. Or you might consult a patent attorney, since none of here have specific knowledge.

3

Don’t know if you’ve seen this, but maybe it’ll help.

I [U][I]think[/I][/U] you can copyright your designs, but not the actual stitch pattern so I would think the book would be fine. :think:

4

Hi! :waving:

Suzeeq, thanks a lot for your input and Jan, thanks for the article. It has lots of links to even more data which I will definitely investigate.

I’m probably the last person in the universe who would want to infringe copyright since I’ve made my living for many years producing artwork in one form or another that I then copyrighted.

I KNOW how hard it can be to take something from a wispy idea circling our heads to a finished, packaged, sold and delivered product. :thud:

Been there, done that (over and over) and got the T-shirt!!!

I think I’m OK with the structure of the book. The finished [I]project patterns[/I] I’ve done to illustrate various design elements are all original, even though they use many of the [I]stitch patterns [/I]that can be found in stitch dictionaries.

Since I want to include several stitch dictionaries in the bibliography I’ll be contacting the publishers of the various stitch collections for the OK to include the names of their books as references for my readers. Hopefully that will work out to everyone’s benefit.

Again, thanks for your input. This is SUCH a grand website with such generous people.

Happy knitting,

Ruthie :hug:

5

I understand how stockinette and garter stitch patterns aren’t copyrightable, is it true of all stitch patterns, including lace? So if I have a pattern for lace, I should be able to make whatever I want from that lace pattern and be able to sell said items???

6

Yes, most patterns and especially lace are so old and handed down from generations ago that there’s no copyright on them. So you can incorporate them in your own pattern.

7

So the pattern is for a lace stole, which technically is just a lace rectangle. The lace pattern is two lines (Row 1, and Row 2), the pattern says it is copyrighted (it’s not published in a book, but on the web) does that mean it is being improperly claimed as copyrighted?

8

The pattern for the [I]stole[/I] is copyrighted - CO XX sts, knit y rows, work lace pattern for so long, knit y rows, BO - that part is copyrighted, the lace st pattern isn’t.

Now, selling the [I]items[/I] made from a pattern is not protected by copyright in the US, even though the designer may say that you can’t. That’s a separate issue - you can’t copy the pattern itself and resell it, but you can sell the FOs.

9
10

awesome, that’s what I thought! thank you so much

11

silly question…is that avatar from little mermaid??? the OLD one…not the Disney one??? it looks sooooooooooooooooooooo familiar

12

Haha, why yes it is. A very little known anime version from 1979. I LOVED this version when I was little (despite crying my eyes out every single time the mermaid dies and turns to sea foam). You can find boot leg dvd copies on ebay if you search for “Little Mermaid anime”. or original copies of vhs (although the cover for the vhs is redrawn and only vaguely looks like my avatar-but it is the in fact the same movie-in fact I was one of the first ones to rediscover this movie about 10 years ago and put two and two together that the craptastic cover on the vhs was IN FACT the anime movie people were looking for (despite the typo on the back of the cover that listed the mermaid’s name as MARIA, and not MariNa) and when I relisted the video as the ANIME version on ebay, I sold that first vhs for over a $100, and then several more for around $80!!! No joke… haha, sorry about the tangent but that’s my claim to fame. Alas, soon people caught on and now you get them for (and ripped off dvd’s for about $10-12).

In any case, if you have seen the movie, I highly recommend picking yourself up a copy, it will take you way back to your childhood :slight_smile:

13

Hi

I believe these can help

http://www.copyright.gov/fls/fl102.html
http://www.copyright.gov/title17/92chap1.html

For the info below you should have some idea on law consepts…

Here is the useful link (read Harper v. Nation, i.e. press Ctrl + F and in the field type Harper)

In essense, here are the principles:

If the activity is of commercial or for-profit nature, the activity would be presumed unfair; if the activity is not commercial and of nonprofit nature, such activity is presumptively fair

To prove the use is not fair, the copyright owner (the person or business that has copyright you want to use), i.e. challenger, must show
particular use is harmful for him:

-If the use should become widespread, it would adversely affect the potential market for the copyrighted work
-Actual present harm need not be shown
-Must demonstrate meaningful likelihood of future harm

And pertinent law:

17 USC 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Good luck!

14

I’ve been looking for it for ages…I teach history and we go through the fairy tales and I torture the students w/ the mid 70’s narrated version (with lovely 70’s soprano folk music) and have wanted this one badly!!!