knitting products that I want to sell

[jacobus]

What is the name of your state (only U.S. law)? Illinois

Hi... there is a knitting pattern that says "this pattern is copyright and cannot be used for commercial purposes without the approval of the author".

Does that mean if I use this pattern and sell the product, I can be sued?

Is there anyway I can make modification to the pattern so that it's mine? How much modification would I have to make?

Thanks.

 

[justalayman]

yes, it does.


here is an older thread with commentary from a couple of the most respected regulars (quincy, divgradcurl)

https://forum.freeadvice.com/copyrights-trademarks-39/sewing-pattern-copyright-question-367341.html

 

[CSO286]

In addition, as one knitter to another, you might wish to check out the forums over at ravelry dot com.

There is a wealth of information pertaining specifically to pattern usage and potential infringements. (It also gets into some international aspects, too, as Rav has many international crafters as members and more than a few attorneys, too!)

 

[quincy]

Thanks for the nice words, justalayman.

Here is a direct link to the thread you mentioned (I like seeing divgradcurl posts again): https://forum.freeadvice.com/copyrights-trademarks-39/sewing-pattern-copyright-question-367341.html

I wanted to add that it is not only copyright issues involved with pattern sales. You also have potential contract issues. When you purchase a pattern, you are agreeing to purchase it under the terms and conditions set by the pattern-maker. If you make items from a pattern for commercial sale, you are in breach of any contract that prohibits commercial uses. These same contracts are also found on fabrics that feature trademarks (Disney fabrics, NFL fabrics, NCAA fabrics ...).

To avoid the legal risks that come from selling items made from patterns protected by copyright and by contract laws (and possibly by trademark and patent laws), it is advised that you use the patterns for personal use only (or as agreed to on purchase) or create your own original patterns based on your own creative ideas.

Pattern makers may not patrol the marketplace as zealously as some other rights-holders but if they find infringers, they are known to have the items pulled from the locations where they are sold, and to send cease and desist and settlement demand letters.