Knitting Patterns and Intellectual Property

[Haphazard]

I have no idea where to post this -- if this is the inappropriate board, please move this.

Okay. So, I'm making a sock pattern. In this sock pattern I used a modified version of a stitch from a knitting stitch pattern book. These modifications of the stitch are integral to the build of the pattern -- I modified it so that it can be worked in the round, and also another modified version so it will lie flat in a rectangle, because the original stitch made flat fabric that was rhomboid. However, these modifications do not significantly alter the appearance of the stitch, as it is still an alternating rib with loop overs, loop overs being a somewhat uncommon knitting technique.

Would I be able to sell this sock pattern with these modified versions of this stitch to a magazine, or would that be infringing on intellectual property?

 

[jenocyde]

You know, I often think about this. The way I see it is that cookbooks do this all the time. I mean chocolate chip cookies are just chocolate chip cookies, even if you add a dash of vanilla. No one gets sued over it and millions of books are published every year.

And knitting patterns are pretty basic. Knit or purl.

 

[Laurie]

I learned all my sewing techniques somewhere. I think making someone from a technique in a book and selling the item would be different from selling a knitting pattern. Even then, I'm not sure how much it would matter. It's probably like anything, you need to make it your own. You can learn information and use it to make something but you can't do the exact same thing?

Crochet Patterns, Knitting Patterns and Copyright Law | Knitting & Crochet | Red Heart Yarn | Purple Kitty

What works are protected?


Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The patterns, step-by-step instructions, charts and accompanying photographs are copyrighted. Any finished product made from a copyrighted pattern, step-by-step instructions, chart, or photograph is also covered under copyright law, therefore, you cannot sell any finished product made from a copyrighted pattern without first contacting the publisher or designer to request and receive permission to do so.

There is much controversy over the fact that a finished product that you make is copyrighted. It is the law, nonetheless, since it is the author's expression that you have reproduced and the fact that you have reproduced a copyrighted pattern does not eliminate the copyright protection.

All of the patterns sold in this online store are copyrighted by the publisher and/or designer. Purchasing the pattern does not remove the copyright protection of the pattern, it merely gives you the right to reproduce the author's copyrighted work for your personal or charitable use. You are free to make as many projects from your purchased pattern(s) for your personal use or for charity donations. However, you are not allowed to make items for commercial use without express permission from the publisher or designer. Please respect the copyright on these patterns and do not sell a finished product made from one of these patterns without first obtaining permission from the publisher or designer. It is the law.

Not sure if it's true or not, I've seen way too many copyright interpretations on the net and most of them are probably wrong. (I do photoshop work and people are always deriving stuff from other stuff and wondering about copyright)

 

[Haphazard]

I learned all my sewing techniques somewhere. I think making someone from a technique in a book and selling the item would be different from selling a knitting pattern. Even then, I'm not sure how much it would matter. It's probably like anything, you need to make it your own. You can learn information and use it to make something but you can't do the exact same thing?

Crochet Patterns, Knitting Patterns and Copyright Law | Knitting & Crochet | Red Heart Yarn | Purple Kitty


Not sure if it's true or not, I've seen way too many copyright interpretations on the net and most of them are probably wrong. (I do photoshop work and people are always deriving stuff from other stuff and wondering about copyright)

Yeah, this is what I don't know. I mean, it's not like an obvious huge cable or something, it's just a somewhat unique texture stitch. Also, the version on the pattern I'm making had to be altered to fit it -- to most knitters they're very simple and obvious alterations, but it makes it so the step-by-step directions and graph for the stitch in the book are not good enough. So, pretty much I changed the mechanics of the stitch, but not the looks of it. Is that enough to make it one's own?

 

[Tiltyred]

Cite your prior art, at least.

 

[Haphazard]

Cite your prior art, at least.

What do you mean?