Question about copyright when selling a pattern

Hi everyone :)

I’m new here and have a quick legal question about selling on this site. (If this information is already available somewhere here, I’d appreciate a link :) I couldn’t find it.)

I’ve created a Homer Simpson crochet pattern that I’d now like to sell.

But here’s the thing: What do I need to do to make sure this is allowed? Homer Simpson is, after all, the intellectual property of his creator, Matt Groening.

However, you can find many patterns (including paid ones) online for various comic characters and the like. Is all of that actually “illegal”?

Is there any way I can “get around” this copyright infringement by adding a disclaimer (somehow mentioning that the character isn’t my intellectual property or something like that...)?

I’d really appreciate a reply!

Best regards
Tina

Hi Tina,

Homer Simpson, Disney characters, Minions, and even football club mascots (like Emma from BVB, etc.) are protected by copyright. Therefore, copying them is punishable by law.
Several designers have already inquired with the “creators”: either high licensing fees were demanded (e.g. Disney) or it was expressly prohibited (e.g. Emma from BVB).

It’s well known that many patterns for these characters—both paid and unpaid—are still circulating on the internet. It’s up to each individual designer to decide whether they want to expose themselves to that risk and possibly face legal action from the copyright holder. And that can get pretty expensive.

Personally, I stay away from it.

Hi Petra,
thank you so much for the explanation.
I wasn’t entirely sure myself whether I should go to the trouble of creating such patterns.
Yes, it’s very tempting because of how well-known and recognizable the characters are—but I’ve personally decided to steer clear of it. For me, the risk just isn’t worth it.

And there are so many other cute characters just waiting for us to invent them ;-)

Best regards, Stefanie
AramisvonK

Hi Stefanie, it's good that you made that decision. The danger isn't even the copyright holders themselves, but the so-called cease-and-desist lawyers, who apparently have nothing better to do than snoop around the internet all day. Every day I'm amazed anew at how many people still copy licensed products. In the end, the outcry is huge, because the saying "Ignorance is no defense." applies here too.
Best of luck to you
Luise

Hi everyone,

thanks for your replies.
Hmm… Too bad… I was convinced that it would work somehow… Especially since so many people are doing it… I guess it just isn’t meant to be.

Yes, Stefanie, then we’ll just have to come up with lots of new characters :)

But: Do you know if it’s also a lost cause for me to upload the pattern somewhere for free? It took me so much time (which I don’t regret, of course!) and it would be a real shame if I couldn’t share it :)

Wishing you all a wonderful rest of your Sunday.

Best regards
Tina

Hi Tina,
even if you upload it for free, you’re still infringing on copyright.