There have been large and long debates on knitting and lace knitting lists
about this kind of thing, and I have two friends who are patent/copyright
attorneys who have advised me, and one did get into a discussion on a list.
Some of the challenge on one of them was the owners of the list published
patterns, and so wanted to overstate copyright to put fear into people, which
perpetuated misinformation (such as you can't even make a working copy or
photocopy something out of the library, even if out-of-print).
To simplify, copyrights are to protect the designer from someone else taking
their profit. That would be either to take a pattern, change authorship and
get credit/profit from it, or take the pattern and use it to commercially
produce goods, such as a manufacturer, or cottage business where someone would
make dozens or thousands of goods from someone else's patterns. Of course the
latter doesn't typically apply to bobbin lace.
There are some inferences about a percentage of change to a pattern and then it
becomes yours, and though that 10% rule is often stated, is not clear. There
was one lace knit designer who was taking popular patterns, changing one stitch
and sometimes the shape, like a triangle to a rectangle and putting her name on
it. I call that a "Cut and Paste" designer and it doesn't feel morally right
to me to ride on other's tails, but I digress. Sometimes old knitting patterns
written out and then changed to charted are consider as getting/changing
ownership. There are people doing that with Niebling patterns and many who
won't buy them as they consider that infringement.
I spoke to the author of a famous out-of-print book, and she stated that a
working copy is legal, as have the attorneys I have spoken to. The attys also
stated that there is also misunderstanding about copyright (and registered), as
just putting the stamp on it, or even registering it has people assume that it
in fact is protected, when legally the item may not be copyrightable, falling
within copyright guidelines, and one example of this reminds me of a situation
where I tried to patent a very cool system I had for diagnosis, but included
soft goods and so it didn't qualify. Copyright of a pattern or artistic piece
with words, and not pictures or an end-product/sample becomes another huge
point. So many things to cover, but sometimes it boils down to the person or
company that has money can bully the one that doesn't into complying, when the
"little guy" is appropriate, and the power source is not, etc.
So in short they stated that to make a "working copy" to save your original,
and to make an item and sell it, would not generally be considered illegal. I
know myself with my lace knitting patterns (I only have one now as a pdf
download), that if someone knit that pattern for a wedding and charged for it,
at this point in time I wouldn't have a problem with it, but if someone took
that pattern (which took about 1800 hours with test knitting 6-7 times, and
some sections up to two dozen times) I would not be happy and pursue.
Essentially to me it is a moral issue, and the Golden Rule applies, or "Do unto
others as you would have others do unto you." That is the simplest way to
state it, and if that was how life was lived, much of this wouldn't be an issue.
I don't think most people would have a problem with someone selling one item
they made from a pattern they created, and with the way needlework is valued
overall, if they could get a good price, then kudos to them!
Best,
Susan Reishus
www.SusanReishusDesigns.com
who agrees with Brenda's statement:
"However, if you buy just a pattern sheet the most it's likely to have
printed on it is the Copyright symbol (c) and the designer's name.
That means you can't copy the pattern (other than for fair usage which
does mean a copy to prick through and write notes on without damaging
your 'original'), but it doesn't specifically exclude you from selling
a derivative work. (In UK) even without the (c) on it an artistic
work, which a BL pattern is, is automatically copyrighted at its
creation, but not necessarily any derivative work."
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