Craft for Profit: Protecting Your Design's Copyrights

Phebe A. Durand
I'm a (usually) very happy member of several forums dedicated to crafting, crochet, and sewing. Most of the time, I find the moral support and general encouragement of other members to be a serious booster. They keep me going when I think I've hit a wall, and cheer me on when I have a success.

Anywhere that you gather a large group of people, though, you're bound to have a few bad seeds crop up that start to infect the general atmosphere.

I was recently shocked by a series of posts in one forum that began with one crafter bragging that they'd sold x number of projects to several publications, and that it was quick and easy because all that they'd done was take an existing pattern and make a few changes to it.

Shocked. Yup. And seriously disappointed. The number of fellow crafters who chimed in eagerly requesting information on how the original one "did it" so that they could replicate her success was even more disappointing.

So. I'm offering here a few notes on copyright, the legal issues involved with "borrowing" someone's original designs, and how to protect yourself from becoming a victim of design theft.

Copyright Applies to Crafts, Too

Most of us are well aware of the fact that copyright applies to photos, to writing, to music and movies. I should think it safe to assume that we would also know that anything someone has designed is also copyrighted material. But you know what they say about assuming ...

When you decide to design a project or pattern, it's fine to gain inspiration from an existing one. Love the way that collar turns just so, or the way that so-and-so embellishes the corner of her paper crafts in just such a way? Cool. Figure out how you can do it ... your own way.

Adapting a pattern to your own uses does not make it your legal design. It's no more legal to offer up this adaptation - for sale or for free - than it would be to take this article and slap a new title on it, rearrange the paragraphs, and call it your own work. In other words, no matter what changes you make to the finished product, the copyright is not yours.

How do you wind up with something that is yours? You design it from scratch. You come up with the inspiration, figure out the steps, sketch out the patterns, and everything else involved. This means that you probably don't even want to look at the instructions for making your inspiration. If you don't even look, there's no chance that you can accidentally carry pieces over into your own.

What happens if you get caught "adapating" someone's design? The original designer can take you, and whoever has published your design, to court. Not only will you be facing a serious lawsuit, but your reputation will be irreparably damaged.

Protecting Your Copyright

Technically - and legally - speaking, the moment you commit your work to paper, it is protected by US Copyright law. So if someone thieves your work, even if you've done nothing but state that it is your own property, you can take action.

There are several other things that you can, and should do in order to further protect your designs, though. To begin with, make sure that you always place a copyright notice on your work. Designs can easily include a copyright notice at the bottom of the page, and patterns can include a notice within the design themselves.

A copyright notice needs to contain the year that you designed your work, your name, and the official wording - it would look like this: Copyright 2007, Your Name, All Rights Reserved.

The actual wording is becoming ever more important as people continue to publish online and encourage others to use and adapt their work. There is a whole genre of copyright that is called "Creative Commons"; you'll want to visit their website for a better explanation. Simply be aware that this isn't the same as a full copyright, and depending on the license you choose to use, people may or may not be allowed to use your work in any way they wish.

Finally, you'll want to consider registering your design with the US Copyright Office. The fee for obtaining a copyright on your project is $30.00, and taking the time to register the copyright helps you out a lot if you have to defend your rights in court.

Published by Phebe A. Durand

A journalist turned instructor who decided that a steady income wasn't worth creative frustration, Phebe Durand (Lolaness) now focuses on ways that technology can enrich our lives, her works range from writi...  View profile

  • Adapting a pattern to your own uses does not make it your legal design.
  • The moment you commit your work to paper, it is protected by US Copyright law.
  • Always place a copyright notice on your work.

1 Comments

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  • BoutiqueMama.com6/26/2009

    Great article Lolaness!

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