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Posted by Samatha Hill -- take out TRASH on July 28, 2009, 7:53 am
Murielle wrote:
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>
> Thanks for the heads up. I will no longer send the patterns out to anyone.
> I apologize to you if I seemed a liittle snippy, but I've honestly had no
> idea it was illegal.
Honestly, a lot of people don't, which is why some of us try to
(hopefully politely) inform others.
A lot of cross-stich designers have stopped selling designs because
people pirate their patterns so much that they don't make anything.
Here are some links you can read:
http://www.craftdesigns4you.com/stop.htm
http://community.livejournal.com/crochet/2582443.html
http://community.livejournal.com/crochet/2582443.html
I spent four years fighting a web site owner (who espoused a philosophy
of my profession that I wholeheartedly did not agree with) from copying
what I wrote on public forums and putting it on her web site in a way
that made it appear that I was "on her side" as far as the philosophy
that I did not agree with, so it's not always about the money, although
reportedly she was making a lot of money from her web site at the time.
She had no right to do what she did, and I eventually got her to stop.
This is why I feel so strongly about copyright law. In my case it
wasn't about money; it was an ideological thing.
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Posted by DA on July 29, 2009, 9:34 am
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> Hi!
> Ages ago I offered to email these patterns to anyone who wanted them,
> unfortunately there was a problem with one of the pages and then my
> scanner broke down.
> The good news is that my scanner is finally fixed, I've re-scanned the
> seven pages of patterns and saved them as jpegs. So, if anyone is still
> interested email me at
> a-m-l-s at s-h-a-w dot c-a
> Murielle
I have been following this thread with great interest. If the patterns to
which you are referring include a red sweater with a Koala on the front, it
was designed by Jenny Kee.
It is my understanding that when a designer submits a pattern for
publication, the copyright of said pattern is transferred to the publisher.
If said design was printed by permission, the designer then retains the
copyright of the design.
To complicate the matter farther, Jenny Kee is an artist whose paintings
have been used as a source for fabrics as well as knitwear. If the graphic
used in a design is licensed from the artist, then the copyright to that
graphic remains the property of the artist.
If the collection of designs under discussion was published in a now defunct
publication, unless the legal agreement with the designer specified that the
copyright for the design reverted to them in these circumstances, there is
no legal owner of said patterns. This would depend on if the magazine in
question was published by a company whose sole publication was this
magazine? If the publisher is a company who is still publishing other
materials then the copyright would be the property of the parent company,
except under the circumstances which I have mentioned.
Generally copyright infringement is pursued when the owner can prove there
is monetary loss resulting in the distribution of the property.
Interested in the subject because a friend had her patterns published
without permission,
DA
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Posted by Linda D. on July 29, 2009, 11:41 am
show/hide quoted text
> > Hi!
> > Ages ago I offered to email these patterns to anyone who wanted them,
> > unfortunately there was a problem with one of the pages and then my
> > scanner broke down.
> > The good news is that my scanner is finally fixed, I've re-scanned the
> > seven pages of patterns and saved them as jpegs. =A0So, if anyone is st=
ill
show/hide quoted text
> > interested email me at
> > a-m-l-s =A0at =A0s-h-a-w dot c-a
> > Murielle
> I have been following this thread with great interest. If the patterns to
> which you are referring include a red sweater with a Koala on the front, =
it
show/hide quoted text
> was designed by Jenny Kee.
> It is my understanding that when a designer submits a pattern for
> publication, the copyright of said pattern is transferred to the publishe=
r.
show/hide quoted text
> If said design was printed by permission, the designer then retains the
> copyright of the design.
> To complicate the matter farther, Jenny Kee is an artist whose paintings
> have been used as a source for fabrics as well as knitwear. If the graphi=
c
show/hide quoted text
> used in a design is licensed from the artist, then the copyright to that
> graphic remains the property of the artist.
> If the collection of designs under discussion was published in a now defu=
nct
show/hide quoted text
> publication, unless the legal agreement with the designer specified that =
the
show/hide quoted text
> copyright for the design reverted to them in these circumstances, there i=
s
show/hide quoted text
> no legal owner of said patterns. This would depend on if the magazine in
> question was published by a company whose sole publication was this
> magazine? If the publisher is a company who is still publishing other
> materials then the copyright would be the property of the parent company,
> except under the circumstances which I have mentioned.
> Generally copyright infringement is pursued when the owner can prove ther=
e
show/hide quoted text
> is monetary loss resulting in the distribution of the property.
> Interested in the subject because a friend had her patterns published
> without permission,
> DA
Interesting thread... Now here I am to stir the pot a little :)
IIRC, Lady Diana wore the sweaters and a few months later the patterns
were published in a U.S. magazine. "But", was it the actual designer
of the Lady Di sweaters that had the patterns published in the
magazine or were they knock-offs? I guess it just seems a little
strange to me that a designer would publish the patterns in a magazine
rather than as patterns in a book or that she would not continue to
make the sweaters, sell them and make a substantial profit.
I suppose whether or not the sweaters are knock-offs doesn't really
matter in regards to copyright...or does it?
Just tossing around some thoughts...
take care, Linda D. in B.C., Canada
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Posted by DA on July 29, 2009, 12:41 pm
Interesting thread... Now here I am to stir the pot a little :)
IIRC, Lady Diana wore the sweaters and a few months later the patterns
were published in a U.S. magazine. "But", was it the actual designer
of the Lady Di sweaters that had the patterns published in the
magazine or were they knock-offs? I guess it just seems a little
strange to me that a designer would publish the patterns in a magazine
rather than as patterns in a book or that she would not continue to
make the sweaters, sell them and make a substantial profit.
I suppose whether or not the sweaters are knock-offs doesn't really
matter in regards to copyright...or does it?
Just tossing around some thoughts...
take care, Linda D. in B.C., Canada
A concept/technique can't be copyrighted. For example, if you knit a
cardigan sweater, you are knitting a "design" from something that has be
arrived at by a set formula. This formula can't be copyrighted, however if
you add an "original" modification, then it can be copyrighted, With
knitting patterns changing the yarn, gauge.the stitches used or some other
minor modification seems too nullify the copyright. Sit down and look at
knitting patterns which include schematics, you will find many of the
designs are the same basic shapes, just executed with different materials.
Knockoffs are usually made with cheaper materials and less quality than the
original so they aren't "the same" as the original.
For the purpose of this thread, if you use a pattern from books such as
Paton's Back To Basics, knitting it with the same yarns, buttons etc. then
it is copyrighted. It is the same as a published pattern. However. if you
use the "basic shape", add a ruffle, change the ribbing, etc. then it is
your work and you can copyright it.
Many designers get their start by contributing to magazines. Those who come
to mind are Nicky Epstein and Kim Hargreaves, Lily Chin and Annabel Fox who
have gone on to publishing their own work.
Many of the well known fashion designers got their start by designing for
large fashion houses such as Chanel or Dior.
DA
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> Thanks for the heads up. I will no longer send the patterns out to anyone.
> I apologize to you if I seemed a liittle snippy, but I've honestly had no
> idea it was illegal.