and it has been the cause of bitter arguments on some internet groups. It is also an area of the law most people know little or nothing about. It often makes little sense, especially in the area of craft.
"But I paid for the pattern why can't I make things from it and sell them?"
"No, you paid for the pattern so that you could personally use it. You can make something and give it to someone but you can't make a profit from it unless the owner of the pattern says so."
"But I'm the owner of the pattern."
At which point everything descends into confusion as those who do understand at least a little about the law try to explain.
Now I sometimes write knitting patterns. This year I wrote twelve. I hold the copyright for them but I have given an organisation the right to use them for a specific purpose. They have put them up on their website for that purpose. Other people can knit them from those instructions for that purpose.
They are blanket squares. If someone knitted all twelve and put them together and sold the finished article for their personal gain they would have broken the rules around copyright. If they knit all twelve and give them to the organisation for which I wrote them and for the purpose I wrote them then they will not have broken the rules.
In that sense copyright laws are actually fairly simple. You cannot use another person's ideas or instructions for any financial gain unless you have the express permission of that person. Don't rely on verbal permission either. Get it in writing. You may be asked to pay something to use it - pay it. Don't assume you can just take someone else's work and use it to your advantage.
And why am I raising this now? Because another group I belong to wants to do something. Done in the way they are currently planning will break the rules. There are ways around it though and I am hoping they will listen - even though it will cause some work for me.
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3 comments:
Good to ring this up. I belong to a group which sells members’ work. Some (most?) looks as if it comes from a pattern not designed by the maker (I.e., I recognise a published pattern). How different does something have to be before copyright is not infringed? I will mention it again when we start up.
LMcC
It is a very complex area of the law. I will risk a generalization though and say, "Don't use other people's patterns to make items for sale unless they have given you their express permission to do so in writing." There are people who say they are happy to have their patterns made(to raise funds) for charity. If that is written into their pattern then it should be strictly respected.
All groups should be particularly careful in the coming year because many items have been made at home during the "lock down" periods and there are likely to be issues arising from it.
How different? Well, certainly very different from simply changing the size, colour and shape of an idea!
Cat and I have discussed this in the past and she can help with specific items.
C (I work for A-G's dept in the relevant area.)
Some people do not understand or appreciate the time, energy and costs behind writing a pattern, or a book of patterns. I was asked to speak to a group about copyright and what was allowed, and could give some insights about the amount of work and knowledge it takes to write. I expected some backlash, but instead I spoke to everyone in small er groups after, and they asked for more details about what they could do, rather than complaining about what they couldn't do.
I guess the simplest explanation is that it is cheating, just like cheating in an exam for your own benefit.
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