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Crocheted animals for sale

2 Posts Recent Started
Thursday, July 8, 2021 at 10:29 AM
Hi everyone,

I hope you can help me...

1. Why are some patterns not allowed to be sold?
Am I really breaking the law if I make these for friends and they give me a little something for my time and the yarn?
2. Why are these notes only included in the pattern itself and not in the preview? I’ve already bought a few patterns and paid 4–5 francs, but then I couldn’t even use the pattern.
3. Where can I find patterns for animals that I’m actually allowed to sell at a fall market?
4. If it says the pattern creator must be credited, is it enough if I include a note in the packaging with the animal stating who made it and where the pattern came from?
Or does it have to be attached to the animal itself?

I hope someone can help me with this. Otherwise, I feel like I’m already halfway to jail :)
I live in Switzerland, in case that matters when it comes to laws and such....


I’d really appreciate your help...

Best regards

Manuela

2681 Posts Recent Started
Thursday, July 8, 2021 at 11:56 AM
Hi :) 

First of all: I’m NOT a lawyer, and my answer is no substitute for legal advice. 

In my experience, most people already include that in the description — otherwise, just send the relevant author a quick message and ask. Usually you get a reply very quickly :)
Very few people will have anything against it if you make something for friends and let them give you something for the materials. 
Opinions are divided on whether “forbidding” that is even legal at all... I’ve read court rulings on both sides, but personally I wouldn’t risk anything. 
(It goes without saying that you’re not allowed to pass on the pattern itself :)) 

In your case, I see a bigger problem with selling stuffed animals in general.
In that case, you are making toys, and if you sell them, the animals have to be tested according to the relevant standard and carry a CE mark. 
Yes, I know, others do it too, and on a large scale... But especially if you go to markets, for example, you should be very careful. Many people who sold a few things “just on the side” have already paid dearly for it. And that can get expensive. 
Even a note saying “For decorative purposes only” or similar won’t help. 

If you want to reduce the risk, it’s better to sell clothing or similar items :) 

I wish you all the best and hope you find a way :) 

3419 Posts Recent Started
Thursday, July 8, 2021 at 8:15 PM
Hi,

basically, the sale isn’t prohibited by default—it has to be authorized. If there’s no mention of it, it’s prohibited. Permission must be granted. So if there’s no mention of permission in the item description, you can assume for now that the sale isn’t permitted. To be on the safe side, you can ask the author before making a purchase whether it is permitted after all, or under what conditions (keyword: license) it might be permitted.
Incidentally, a limit on the number of items is not legally enforceable in a permit, but a restriction to, for example, local markets combined with a ban on online sales, as well as a time limit, is.

2 Posts Recent Started
Thursday, July 8, 2021 at 10:30 PM
Thank you all for the kind and detailed information...

Now just one more question.

Do you know where I can find patterns that I’m allowed to use to crochet something for my friends for the cost of materials?
Without doing anything illegal...

Best regards
Manuela

2115 Posts Recent Started
Thursday, July 8, 2021 at 10:48 PM
Dear Manuela,

why don’t you just browse through the patterns here? And if you find a pattern that doesn’t include any specific instructions, you can—as Tina already mentioned—contact the author via the contact form before purchasing. Often, the pattern description includes a section titled “Additional Information from the Author” that specifies whether the finished product can be sold. I’m sure you’ll find lots of great patterns here where you can sell the animals you crochet yourself to friends afterward.

Best regards, Sonja

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