How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard - Bizlaw Your Own Question

Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8683
Experience:  30 years of corporate, litigation and international law
Type Your Business Law Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

Regarding copyright law - I would like to start selling my

Resolved Question:

Regarding copyright law - I would like to start selling my handmade crochet items online. I did not write (design) the patterns from which the items were made. The patterns I used to create my items were either found free online or were patterns I bought. Most of the patterns have a copright at the bottom. Some designers state you may use the pattern for personal use only, others state you may use for commercial use and still others state nothing at all. My question is, does the copyright apply to the pattern only or does it also apply to the created item? I am not going to sell or reproduce the pattern. I am only interested in selling the finished product.
Submitted: 2 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 2 years ago.

bizlaw :

The copyright in the pattern would apply to any item created on which the pattern appears. For those patterns that state they can be used for commercial use, there is no problem because you can use those patterns on your products. As to the items that say it is for personal use only or that have the copyright and do not say anything, you would need the permission of the copyright owner of the pattern to use it on your products. As to items you found on the internet if the pattern contains a copyright symbol then unless there is a specific disclaimer that the pattern is available for use for any person, you would need to get the permission of the copyright owner to use the pattern on your product.




This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer :

I am not sure I follow. You state the copyright in the pattern would apply to any item created... on which the pattern appears. I am not reproducing, copying or distributing the pattern. I am following the pattern (a set of instructions) to make an object and then would like to sell the object.

Customer :

Is the ownership of a copyright for a pattern (instruction to make an object) seperate from ownership of a material object in which the work is embodied?

Customer :

Also, I have had one copyright holder tell me that I may use her pattern to create a good for sale, but that she would like me to make reference to her website (where she posted her pattern) when I sell the good. Does she have any authority to request this?

Expert:  Richard - Bizlaw replied 2 years ago.
I had to switch from chat to see your response. I thought when you referred to pattern like a design that you copied onto an object. YOu seem to be talking about something else. What types of products or objects are these patterns supposed to be used to develop? If you follow the pattern will all items created be identical or can be they be unique items? Could you give an example of how the pattern is used to create the product? For example is this like a dress pattern where you follow the pattern to make the dress?
Customer: replied 2 years ago.

Exactly, a knit or crochet pattern is to a scarf as a dress pattern is to a dress. The knitting and crochet patterns are used to develop a variety items such as; hats, scarves, sweaters, afghans, as well as decorative items such as flowers, butterflies, hearts, etc. By following the pattern exactly, the items will be identical. The pattern specifies what yarn to use, what needle is recommended, how much yarn is needed, and what specific stiches to perform to get the outcome. With this said, does a person holding a copyright to a knit or crochet pattern have any rights to the product created from said pattern?

Expert:  Richard - Bizlaw replied 2 years ago.

Since you are following the step by step instructions of the crochet pattern your product would remain covered by the copyright of the pattern owner even though you used it to create the product. You can use what you created for personal or charitable purposes but not for commercial purposes without the permission of the copyright owner. The advice I gave above that the pattern that has no copyright notice or that says it can be used for commercial purposes you can use. Any other you need the permission of the copyright owner. As for the request to of the copyright owner about giving notice of her website as a condition to use the pattern on a commercial product, that is a permissible condition of the copyright owner.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8683
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 6 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA