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Topic: I want to share a vintage sweater pattern (can I?)  (Read 3367 times)
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Alexus1325
« on: June 23, 2009 07:06:19 PM »

I was wondering what copyright limitations apply to patterns from companies that no longer exist. I have a Marriner's knitting pattern, looks like from the late 40s or early 50s (no date, but it is leaflet #156). It's GAWJUS, but I don't knit (YET!) and would love to see someone make it! So is it totally legit to post the instructions on here?



I've also got a booklet of nifty crochet sweater patterns from 1963 from Coats & Clark's.



I'm hoping to screw up the courage to make this sweater:



Not bad for a buck a piece, eh? Cheesy

*EDIT TO ADD*

Well, I read all of the relevant copyright stuff and as far as I can tell, a copyright before 1978 would have been only for 28 years, unless extended at the end of those 28 years for a maximum of another 28 years. The last reference to Marriner's existence I could find without buying the book about the spinning industry in Keighley was from 1972, so assuming the pattern is from 1945, they wouldn't have been able to renew the copyright (27 years) assuming they went out of business in 1972 (I think both dates are slightly later than those). What clinched this for me, however, is a person on eBay who is selling compilation DVDs of vintage knitting patterns including many from Marriner. If they're SELLING Marriner patterns without any reference to copyright in the listing, there's no reason I can't SHARE a pattern for NON-COMMERCIAL PURPOSES ONLY with my fellow craftsters.

Tomorrow I'll take pictures of the instructions and create a new post in the knitting thread, linking back to this one (and this one linking to the new one).

*EDIT AGAIN*

I've posted the instructions in the knitalongs sub-forum. I'd like to say once more that this pattern is being shared for your personal enjoyment, NOT for any sort of commercial purposes. If anyone associated with the Marriner estate comes across this and would like me to remove the pattern, I'll do so.

http://www.craftster.org/forum/index.php?topic=310658.0
« Last Edit: June 25, 2009 07:32:43 PM by Alexus1325 » THIS ROCKS   Logged

t33ng1rlsqu4d
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« Reply #1 on: June 23, 2009 07:45:35 PM »

I sure hope it's legit, because those are some fabulous sweaters!

I'll be keeping my eye on this thread, for sure.
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marieC
« Reply #2 on: June 23, 2009 08:04:55 PM »

Just for the legality of it, this is from the US Copyright Office:

"As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics."

My comment though is that if it's not in circulation anymore, the author is no longer making money off it, so go for it.  Just don't try to pass it off as your own or try to sell it and I think you're on the moral high ground.
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« Reply #3 on: June 24, 2009 06:56:28 AM »

I would say share the first one but not the second. Coats and Clark still exists. They do have a website though so you could always write them an e-mail and ask.
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geek_goddess
« Reply #4 on: June 24, 2009 08:16:58 AM »

I love the yoke on the first one!
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ScotSkipper402
« Reply #5 on: June 24, 2009 09:44:38 AM »

Yummy sweater. Thanks for the legal research -- bad things happen when one knits illegal patterns.
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« Reply #6 on: June 24, 2009 01:28:05 PM »

Yummy sweater. Thanks for the legal research -- bad things happen when one knits illegal patterns.

What kind of bad things? That first sweater makes me wish I could knit, but it wouldn't be that flattering anyway.

They are all awesome.
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ScotSkipper402
« Reply #7 on: June 29, 2009 01:54:12 PM »



What kind of bad things?

You'll never get gauge. You'll run out of yarn in the middle of the last sleeve. You'll sit on your needles, break one, and have to tell a humiliating story during your tetanus shots. GIANT MOTHS will swoop you to yarn hell.

It's just bad karma.
« Last Edit: June 29, 2009 01:54:59 PM by ScotSkipper402 » THIS ROCKS   Logged

"For what do we exist, but to laugh at our neighbors and be laughed at in our turn?"

My stash of supplies is now Beyond Life Expectancy. I love personal swaps! http://www.wists.com/redmennis
steiconi
« Reply #8 on: January 14, 2013 12:30:52 AM »

As I understand it, anything before 1923 is out of copyright and you can do what you want.  Anything created after that date, you need to research to find out if copyright was renewed.  Even if a company has gone out of business, somebody still owns the copyright.  While fines might be minimal, defending yourself in court cost tens of thousands of dollars.

And how would you feel if the copyright police confiscated your illegally knitted sweater while you were walking down the street?  Awkward!
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