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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43937
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a copyright issue. I sell crochet patterns on

Customer Question

I have a copyright issue. I sell crochet patterns on etsy.com, my store is very successful. A customer purchased my best selling hat pattern (I have the sales record) in 2013 and twenty days later posted a youtube video of how to make my hat using all but one single round of the instructions stitch by stitch. She furthermore posted two more sizes on her blog, again, my instructions (with a few words changed) but stitch by stitch. What rights do I have? The youtube video has over 70,000 hits. I have asked it be taken down but have not heard back yet. I want compensation for lost sales.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
This is my hat design https://www.etsy.com/listing/154426617
This is her video https://www.youtube.com/watch?v=uOSUK8TmWtY
I also have a copy of the receipt from when she purchased my pattern which has her full name and address.
I am in Australia. She is in the USA.
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

There is a breach copyright but you will need to have a solicitor in the US deal with her for compensation.

In relation to Youtube you can write to them directly and request they remove is for breach of copyright. If they don't you may be able to sue them for breach as well.

You will need to have a solicitor assist you in this. When you sell the pattern what are the conditions of the sale?

Customer: replied 1 year ago.
Hi Leon and thanks for your response.I have already contacted youtube and the video has been taken down.The conditions of sale are that customers can use the pattern to make as many items as they like from my pattern and sell those items too if they would like. I have the following on each listing:All my patterns (including ALL photos) are copyrighted. You may not copy, sell or distribute my pattern. Yes, you may sell the items you make. If selling on Etsy a link back to my shop is always appreciated :-)My pattern in question is attached. There is an explicit copyright clause on that too.
Expert:  Leon replied 1 year ago.

Good Morning

If they are using your photos and selling the pattern then they are in breach and you can take action against them.

The issue you have is you have to sue her in her country as australian courts cannot enfroce any order against her overseas.

But you are covered and you have right to sue for your losses.

Customer: replied 1 year ago.
Leon. As per my original post what she has done is (a) purchased my pattern (b) made a video of how to make a hat using my pattern instructions. She is not using my photos. She is not selling my pattern. The video was freely available on youtube. I watched the entire video and every part of her verbal instructions bar one round of stitches, is my pattern stitch by stitch. She has promoted the video on her blog (under free patterns she is giving away) and also provided written instructions to make two further sizes, again, my instructions stitch by stitch.
I can appreciate I need to sue her in her country. I was more interested in my legal standing re: her turning my written instructions into a video?
Expert:  Leon replied 1 year ago.

Good Morning

She cannot give away the patterns they are not hers and it is a breach of copyright.

The video is not a breach as she is not showing your pattern but to give it away and sent it to others is a breach.

Making the video is not a breach of copyright. Unless your instructions are physically show on the video.

Customer: replied 1 year ago.
to summarize, there is nothing stopping someone making a video of how to make a hat based on a pattern they have purchased from me. But if they post it on youtube for anyone to watch then that is a breach? So I can sue her not for making the video, but for distributing it via youtube?
PS: My instructions are not physically shown on the video, I've checked. But she is absolutely reading my instructions out (the camera stays on her hands). Even if she had not purchased my pattern beforehand, I would recognise my own instructions anywhere.
Expert:  Leon replied 1 year ago.

Good Evening

My apology for the delay in getting back to you

That is correct.

Posting your design on You tube is a breach.

If the words she is reading are your words in the design this is a breach and you can sue her.

Expert:  Leon replied 1 year ago.

Good Morning

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon