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Topic: Dark Faery Slouch Hat  (Read 7041 times)
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AprilDraven
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« Reply #20 on: March 05, 2010 11:09:10 PM »

Thanks Everyone. I really do appreciate your support  Grin It means a lot.

When I heard people were selling your patterns like that I got upset. That's totally unfair! It'll suck to not have as many free patterns, but do what you must, I'll still like your creations anyways.  Cheesy

Great hat, by the way. I don't know why but I can't help wanting to watch Lord of the Rings when I see this.

hehe I have been watching A LOT of the Lord of the Rings lately. Maybe I channeled Gandalf...
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« Reply #21 on: March 06, 2010 03:41:24 AM »

I'm so sorry that people were so mean in stealing your patterns like that! I've used them before for presents and for fun, but I would never have sold them. That's just mean.

I do love this and I wish it did come with a pattern. Alas I suppose if I want to make it, I will have to do it myself. Will you help people if they want to try making a pattern up for it themselves?
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« Reply #22 on: March 06, 2010 04:25:52 AM »

You must have sold right through your hat stock. Etsy is fantastic.  I really wish my husband would let me post my patterns up on Etsy.  He doesn't want to compete against myself which is utterly ridiculous!

I will say that even though you are selling them people will still distribute your patterns and alter them.  Sadly it is the way things are.  There are a lot of people out there that feel changing someone's pattern just a little will make it their own.  I have seen it so many times already with things that I design.  After my penguin pattern made the shelves with a free pattern pull my penguin feet and whatnot showed up all over the net on new patterns... That was the first time I noticed it and probably the most memorable.  It is sad but sadly the way it is.

A few months ago I was alerted that several of my patterns (along with thousands and thousands of others by other designers and publishers) were being posted up for anyone to see - a bit of a pattern exchange network apparently.  No matter how much you want to stamp your feet it will still happen.  Fortunately there are a lot of honest people out there that feel a few dollars for a pattern is not a lot to pay for someone's creativity and hard work.   Smiley
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« Reply #23 on: March 06, 2010 05:19:54 AM »

I wrote to the US Copyright Office last week to ask them specifically about controlling items made from patterns. Here is what I wrote:

I would like to know if clothing, such as a hat or scarf or shawl or sweater made from a purchased or free pattern, can be prohibited from being sold by the pattern author and copyright holder. I understand I cannot legally duplicate the pattern itself, i.e. the written words, but if items made from the pattern can be controlled and under what circumstances. Please cite under what section of copyright law this falls.

Here is the response I received:
**************
Copyright in a pattern normally pertains to the pattern itself, i.e., to the written instructions, diagrams and/or pictures, not to the object that is constructed from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work that is made, then a person may need permission to use it commercially. An example of that would be a knitting pattern depicting original artwork. An example of the opposite would be a dress pattern: the dress made from the pattern is not subject to copyright protection.

Here are two examples where both patterns, i.e., the written instructions and artwork, are protected by copyright, but only one of the products made from the patterns would be protected. A pattern for a sweater made with standard knitting stitches, such as a cable stitch or a popcorn stitch, is protected by copyright; however, the sweater made from the pattern contains no copyrightable artwork because it consists of standard stitches, no matter how attractive the sweater is. On the other hand, a pattern for a sweater that depicts original artwork lets say a mountain scene with a deer is protected both in the form of the pattern and in the form of the sweater. The artwork on the sweater is protected by copyright. In the first instance, a person using the pattern can produce sweaters commercially, but not be infringing a copyright because the distribution of the sweaters is not distributing any copyrightable authorship. In the second example, by distributing the sweaters, the person is also distributing copies of the original artwork and would normally need permission.
************
Some of my patterns have my original art work, like my Goddess Shawl. Some of my patterns use standard stitches, like my Shell Stitch Baby Socks. Since my Goddess Shawl has original artwork, you would need my permission to sell made up shawls. Since the sock pattern has common stitches, you don't need my permission to sell.

The only way of having others not sell your work is by not selling or giving away patterns that don't have original artwork.  You can verify this information yourself by writing to the  copyright office
http://www.copyright.gov/  You can email them and you will get answer.

Maria
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michelleandherguitar
« Reply #24 on: March 06, 2010 08:00:25 AM »

That's a great hat! When I looked at the pictures, before I even read the description, I thought it looked like the hat of a forest-dweller.  Grin Sorry to hear about people selling your patters, that stinks that people would do something like that.  Angry I really loved your hat patterns. But you gotta do what you gotta do, and I understand that. Keep makin awesome stuff, and don't let it get ya down!  Wink
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AprilDraven
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« Reply #25 on: March 06, 2010 08:11:43 AM »

I wrote to the US Copyright Office last week to ask them specifically about controlling items made from patterns. Here is what I wrote:

“I would like to know if clothing, such as a hat or scarf or shawl or sweater made from a purchased or free pattern, can be prohibited from being sold by the pattern author and copyright holder. I understand I cannot legally duplicate the pattern itself, i.e. the written words, but if items made from the pattern can be controlled and under what circumstances. Please cite under what section of copyright law this falls.”

Here is the response I received:
**************
“Copyright in a pattern normally pertains to the pattern itself, i.e., to the written instructions, diagrams and/or pictures, not to the object that is constructed from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work that is made, then a person may need permission to use it commercially. An example of that would be a knitting pattern depicting original artwork. An example of the opposite would be a dress pattern: the dress made from the pattern is not subject to copyright protection.

Here are two examples where both patterns, i.e., the written instructions and artwork, are protected by copyright, but only one of the products made from the patterns would be protected. A pattern for a sweater made with standard knitting stitches, such as a cable stitch or a popcorn stitch, is protected by copyright; however, the sweater made from the pattern contains no copyrightable artwork because it consists of standard stitches, no matter how attractive the sweater is. On the other hand, a pattern for a sweater that depicts original artwork — let’s say a mountain scene with a deer — is protected both in the form of the pattern and in the form of the sweater. The artwork on the sweater is protected by copyright. In the first instance, a person using the pattern can produce sweaters commercially, but not be infringing a copyright because the distribution of the sweaters is not distributing any copyrightable authorship. In the second example, by distributing the sweaters, the person is also distributing copies of the original artwork and would normally need permission.”
************
Some of my patterns have my original art work, like my Goddess Shawl. Some of my patterns use standard stitches, like my Shell Stitch Baby Socks. Since my Goddess Shawl has original artwork, you would need my permission to sell made up shawls. Since the sock pattern has common stitches, you don't need my permission to sell.

The only way of having others not sell your work is by not selling or giving away patterns that don't have original artwork.  You can verify this information yourself by writing to the  copyright office
http://www.copyright.gov/  You can email them and you will get answer.

Maria


I talked to a lawyer who said different. He said that with stuff like that it is up in the air because the government still hasn't gotten on board with online stuff. They are still behind in the times. He told me the best thing I could do is just take the patterns down and sell them. That way I would be making money off of them as well. If a published book can forbid someone from selling the finished work then I had the right as well. The thing that upset me the most wasn't that they were selling the finished hat from my pattern it was that they were selling it and not giving me any credit at all. They claimed the pattern and the hat as their own creation. That is what upset me.
« Last Edit: March 06, 2010 11:59:59 AM by AprilDraven » THIS ROCKS   Logged
Hanni-bee
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« Reply #26 on: March 06, 2010 01:23:54 PM »

Looks fantastic, keep making wonderful creations  Smiley
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« Reply #27 on: March 07, 2010 06:52:13 AM »

that's really cute!!!
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sdanorth
« Reply #28 on: March 07, 2010 05:53:29 PM »

I've only recently started cruising around Etsy, but I'm seeing this everywhere. I saw one person selling a pair of mittens from a pattern I know, because I have knitted the mittens myself! And she's asking $65 or something like that. I love free patterns, for sure, but I also certainly understand why designers don't want to give them away.
Love your stuff April!

ETA: A small gain... if this subject hadn't come up I might not have ever looked you up on Etsy and never have found out about COSMO THE DRAGON! SQUEE!!!!!
« Last Edit: March 07, 2010 06:02:20 PM by sdanorth » THIS ROCKS   Logged

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Lydia the Strange
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« Reply #29 on: March 08, 2010 06:07:37 AM »

Beautiful hat! You really do have a knack for making creative hats. I'm sorry to hear that you have had trouble with people ripping off your patterns and selling them as their own works. I too went through that same issue with the maryjane slippers tutorial I posted here.  It's a shame that people cannot be creative and make their own patterns and products.
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