Crafts, Copyrights & Ethics

Please note that no part of this article constitutes legal advice, nor should it be taken as such. I am not a lawyer, merely an interested layman. When in doubt, err on the side of caution.

Copyright issues are-or at least, should be-a concern for anyone interested in earning money from her craft patterns and/or finished objects. The issue is also a concern for anyone maintaining a pattern listing on the internet, as is very common for crocheting and knitting both.

The issue of copyright is not a black-and-white one when it comes to crafting. Nearly every discussion of the issue amongst crafters gets very heated, with both sides passionately arguing their point of view and providing legal resources and articles to back up their position. Because of this lack of clarity, an infusion of common sense ethics is vital for the community.

First off, let's review some things that are clearly a violation of copyright. You cannot take a pattern currently protected by copyright, scan it, and publish it on your website. Nor can you take the pattern, type it up into HTML format, and publish it on your website. You should not even link to another website that has done this. Unfortunately, there are a good many copyrighted patterns floating around out there illegally, without even a nod to the copyright holder. As a crocheter, I have seen this most often with crocheted cowboy booties for babies; this is an Annie's Attic pattern that is far too easy to find published online. Also note that the author does not, in all cases, retain copyright for his or her pattern. Once the rights have been sold to a magazine or yarn company, in all likelihood the copyright then belongs to the buyer, and if the rights sold were exclusive, the author may no longer continue to publish her pattern on her own website.

Now, for some things that cannot be copyrighted. You cannot copyright anything generic. Which is to say, you cannot lay sole claim to a double-crochet baby cardigan, you cannot lay claim to a doll-sized knitted afghan, or to a patchwork-panel skirt. These are all "useful objects", and uncopyrightable under US law. You may copyright only specific, original things. Which is to say, if you write a pattern for an infant's cardigan made in double-crochet, you may copyright that pattern, but not lay claim to anyone else's iteration of the same thing.

From here on out, though, it gets murky.

Can you sell items you've made from a copyrighted pattern? There is some suggestion that certain finished objects-such as clothing-are also considered utilitarian items and therefore what you make from a pattern isn't covered by copyright. However, there are plenty of legal opinions that say you cannot legally do this without specific permission from the copyright holder. This, therefore, is where ethics comes in. While it might be legal to sell, say, the aforementioned baby sweater if it was made from someone else's pattern, it certainly is not ethical.

The ethics of the matter, at least, are straightforward. Most patterns state specifically that they are for personal use only, or for charitable use as well. While these restrictions might not hold water legally, they certainly do from an ethical standpoint. It is not good ethics to go specifically against an author's stated desires on the issue.

What if there's not anything addressing it specifically? Really, the ethics don't change. Put yourself in the shoes of the designer. How would you feel if you were at a craft fair and came across a table featuring finished objects made from your designs, from your hard work and creative spark, without you getting the slightest recognition? Not too good, most likely. You owe other designers the same respect you desire for yourself.

Okay, we have established that you cannot publish others' copyrighted patterns on the internet, and that it's unethical to sell items made from copyrighted patterns. Those are important basic issues, but there are further ones to consider.

What about making your own pattern from a finished object? Can you sell the pattern? Can you sell finished objects based off of the pattern you've come up with?

Again, the issue isn't clear-cut. In all handicrafts, but especially in crocheting and knitting, there is simply a finite number of stitches, stitch patterns, and ways to put it all together.

If you change the medium of an object and do the work on your own to figure out how to put it together in your own medium, then from a copyright standpoint you are probably okay, as long as you are not copying a licensed figure like Winnie the Pooh. There are many patterns out there that are crocheted or knitted versions of quilts, for example. This sort of inspiration is generally considered acceptable. If you did a stitch-for-stitch copy of something you bought, using the exact same materials, and sold it, again that would not be ethical. But if you took, say, a knitted shawl, and made a near-lookalike with a different yarn and a different gauge, you'd be okay both legally and ethically, because there is a huge difference between the two media and the techniques each requires to attain a finished object.

That said, there are again some gray areas. Some patterns are so original and so unique that, ethically, you should not copy them unless it is for your own personal use. For instance, Regina Gonzalez, aka LadyLinoleum, has produced items such as a shawl made to look like meat being barbequed. The online magazine Knitty published the Anouk pinafore, created by Kate Gilbert. The knitted baby garment is very recognizable, featuring color blocks and sewn-on pockets with flowers. While it would probably be legal to knit your own Mixed Grill Wrap or crochet (or even sew) your own Anouk pinafore, to sell either would be unethical because the designs are so unusual and unique there is little chance you would ever have designed it on your own.

But what happens if you do design something by yourself and it comes out looking very similar to an already-finished object? This sort of thing is nearly inevitable. There are multiple versions, both for free and not, of items like a tiered peasant skirt and crocheted Mary Jane baby slippers. If you honestly came up with your pattern without "borrowing" from outside sources, then it is yours both legally and ethically, however near another pattern it may be. You may, of course, both publish your own pattern for such an object and sell completed versions of it without any ethical or legal qualm. Again, there is only a finite number of variations on the same utilitarian object!

One last issue-even if a person's pattern does not display a copyright notice of any sort, you should assume it to be copyrighted. Under US law, merely writing a pattern grants it copyright; registering it is not necessary. And of course it would not be ethical to ignore merely implied protection anyway!

I hope I have both provided you with a useful overview of the issues surrounding copyright for craft projects. For more specific answers, a consult with a lawyer is in order. Again, this article does not offer legal advice, and if you are in doubt, err on the side of caution. It is not, after all, very difficult to produce your own designs, especially once you are proficient in your craft of choice. You will not fail to be on sound legal and ethical grounds if what you put on the internet and what you try to sell are 100% your own creations. If you come away with nothing else from this article, please come away with a renewed resolution to respect others' intellectual property. And if you have a link to those Annie's Attic cowboy booties, take it down, okay?