Texts on Intellectual Property

I really love Crazy Patterns, and the ideas are often much more thoughtful than in similar forums. I also know how much time, effort, and love goes into these patterns.
But something bothers me. Specifically, your terms stating that finished items may only be sold at small markets, or that handmade items may only be produced in certain quantities, etc.
When I purchase a pattern, I’m entitled to use it. And to me, it makes no difference whether I sell something at a market or make something for a neighbor who pays me for my time. And I don’t want to have to ask for permission to crochet a pot holder three or six times. I think most people who buy patterns from Crazy Patterns aren’t mass-producing them or getting rich off their crafts. And when big companies steal patterns, they certainly don’t care about the designers who’ve poured so much heart and soul into their work.

I think there should be a standardized text that complies with the law—one that highlights intellectual property rights and, if desired, allows for promoting the authors, but without including things that aren’t actually accurate.
 

Hi Grasi,
the law provides for general copyright protection. However, every creator is free to decide for themselves what may be done with the products made using their patterns.
In communities like this one (or, for example, Ravelry), there are standard rules so that every purchase doesn’t have to involve negotiating what’s allowed and what isn’t. Each platform is free to restrict general copyright at its own discretion. Creators acknowledge these rules by uploading and offering their patterns on the respective platform. If buyers do not agree with them, they must shop elsewhere.

In this respect, it is entirely lawful to require here that only a certain number of items be made and/or sold. Elsewhere, the rules are sometimes even stricter, prohibiting any form of commercial use. This also prohibits the sale of smaller quantities at a market. Take a look at a print knitting magazine—that’s almost always the case.

It also doesn’t matter whether a pattern is free or whether you have to pay for it. The creator—or the distribution platform chosen and authorized by the creator—sets the rules. 

Dear Krümel-Monster,
Thank you for your reply.
That’s exactly why I’d like to see a standardized text.

By the way, I don’t run a business—I do handicrafts as a hobby. However, everything you sell is “commercial,” meaning that, just like when you write patterns, you get paid for it.

 

There can’t be a standardized text, because every creator has the right to handle it however they like.
I could also write that I allow everything—after all, you can consent to the sharing of intellectual property.
Legal regulation is, of course, necessary, because there are certainly plenty of smart alecks out there scouring for good ideas to make a profit off of them (which, on a larger scale, amounts to industrial espionage).
You’ll never be able to regulate everything down to the last detail, especially here in the world of handicrafts.
For example, if I’m a huge owl fan, I’ll find tons of owl potholders that look more or less alike—after all, an owl isn’t exactly an elephant. So if you sell 30 pot holders at the Christmas market that might resemble some design or another, it’ll never lead to any consequences.
You can see this most clearly with licensed products. Of course, anyone can crochet, knit, or sew a little yellow bear in a red sweater, but I’m not allowed to sell it as Winnie the Pooh.

Hi Grasi,

It’s unfortunately not true that our texts contain information that “isn’t actually correct.” The copyright belongs to the designers, and they can restrict the scope of commercial use by others or even prohibit it entirely. Anyone who violates this is committing an offense. I’ve often seen finished products by designers I know being sold at regional markets, but I’ve never seen them labeled “based on a pattern by ...,” as the designers actually require. People all pass them off as their own creations. But that’s just a side note.

If you regularly sell at markets or elsewhere, regardless of the quantity, you’re required to have a business license, just like we designers are. As you yourself wrote, anything you sell is commercial. The fact that you see it as a hobby doesn’t really matter to the tax office. We designers usually sell our patterns only as a side hobby too. When selling amigurumi, for example, CE marking is also mandatory in Germany. But that’s just a side note as well. It’s just some well-meant advice from me. What you do with it is, of course, up to you. But what you definitely shouldn’t do is sell products where the designer has not permitted resale.

Best regards, Michaela

Dear Grasi,
before you get upset, why not just ask the designers in question? “Small quantities” at “small markets” is a vague term. A quick inquiry would surely clarify things. Besides, this isn’t just about protecting our designs and recognizing our creative work, or about forbidding our customers from doing everything—it also represents an additional source of income for us if we sell licenses to people who wish to acquire certain usage rights.
Best regards, Karola

Dear friends,

yes, it’s true that the texts contain inaccuracies.
You can’t limit commercial use based on the number of items produced. Either you authorize the use for sale or you don’t. However, you can exclude this right of use, limit it in time, offer it for a fee (keyword: license), etc.
This applies to Germany; I can’t say how things work in Austria, Switzerland, or elsewhere.

There can’t be a one-size-fits-all text simply because certain rights can be granted.
Incidentally, there’s no need to issue a prohibition—that’s already covered by copyright law. You just need to specify the permission required.

Best regards

(P.S.: This is not legal advice!)

Dear Nina,
try looking up “unit license.” As I understand it, the number of units can be specified.
Best regards, Karola 

Dear everyone,
thank you so much for your responses and opinions. I was a little disappointed that no one from the Crazy Patterns team got in touch. I think copyright protection concerns us all, and it doesn’t hurt to think about it...
By the way, I don’t sell any of my work anywhere. I only asked because the patterns are PDF files, and sometimes I have to print out these overly long texts as well.
Also, I once found a text online about copyright law and just wanted to share this one sentence from it with you:
"On the other hand, it’s complete nonsense to assume that if you take a photo of your own knitted piece—which was made following a pattern—you have to cite the source, i.e., the model and the designer. There’s no legal obligation to do so!"

I hope you’re all having a great time, and I continue to appreciate your wonderful patterns and the time you put into them.

 

Hello Grasi,

may I add one more small comment?
You quote:
"Complete nonsense, on the other hand, is the assumption that with a photo you took yourself of your knitted piece, which was made from a pattern, you have to state the source, meaning the model and the designer. There is no legal obligation to do so!"

There may be no legal obligation to do so, but from my point of view it is a matter of courtesy to state the source and the designer. Occasionally you are also asked where a particular pattern, or this pattern, can be found. If you provide that right away, it is easier for others to find it. 
It doesn’t hurt me to name sources, and it helps others (both the designers and those searching).

Dear Krümelmonster, yes, of course I’d say where I got the pattern if someone asked me. However, with some designers, it sounds as if you’d have to attach a little note to every piece: Gloves “A” crocheted using a pattern by designer “B” and a pattern from Crazypatterns. Do you really do that?
 

....I see it the same way as kruemel-monster.

It doesn’t take anything away from me if I credit the designer! What’s the point of not doing it?

It always gets on my nerves—even here in our gallery—when hardly anyone links to the author. For me, it’s simply a matter of decency.

 

Dear Eddysmutti,

yes, when I post something here, I naturally make all of that clear (feel free to check). However, I was thinking of the “small markets” mentioned above: For example, at our Christmas market, I’ve NEVER seen a handmade item where the designer’s name was listed....
Warm regards 
 

What’s so hard about putting the designer’s name on the finished piece?
On the other hand, many people don’t mind promoting all kinds of companies.

Dear CreatOwl,

I’d like to ask if you do this for works you didn’t design yourself? And could you please give an example of this?
 

I have a personal blog. When I feature a craft project there, I usually include a link to the source of my inspiration—whether it’s another blog, Pinterest, or even the pattern itself.

For me, this acknowledgment is a sign of appreciation and a way of saying thank you. 

It’s been ages since I worked from someone else’s pattern and had the finished items on display outside my apartment.
Back then, I hadn’t given this issue much thought.
Aside from the fact that I wasn’t part of any craft groups, which made it a bit harder to get certain information.
Now, I’d at least mention the name if someone asked me about the knitted or crocheted piece.
At markets, a sign with the relevant information could be displayed.

Dear Ursula Petra,
dear CreatOwl,

I think this is an excellent idea: for designers on Crazypatterns to lead by example. And to credit these designers not only for patterns but also for works by others on this platform. That way, everyone could help each other. However, this should be entirely voluntary. 

Sorry, the first “Bei” was one too many. I hope you still understand what I mean.
 

Quote from Grasi
I thought it was a bit of a shame that no one from the Crazy Patterns team got in touch. I think copyright protection concerns us all, and it doesn’t hurt to think about it...
End of quote

I’ve forwarded this thread to the operator. They’ll have to decide how to handle this. 

How on earth are you supposed to keep track of how many items were made from each pattern? That’s just impossible!
On the pieces I’ve recreated and sell, I don’t have a tag saying who made them, but I always include the note “Pattern from Crazy Patterns.”

@Blume23

QUOTE: For the pieces I make from patterns and sell, I don’t have a label on them saying who made them, but I always add “Pattern at crazypattern”.

End quote


Crazypatterns is NOT the author of the pattern, but only the platform. So this statement is incorrect. 

It certainly can’t be checked, BUT we are also at markets, or other customers, who also point it out to us now and then, asking whether we know about the sale or whether the sale is allowed (with photos). At least that has happened to me before. 

You can write to and ask any author/designer here. Asking doesn’t cost anything at first.

Out of respect for us, people should follow the requirements, even if we can’t always check this.

@Blume23
What I think many people don’t really realize is that Crazypatterns is NOT the owner of the copyright or ownership rights to a pattern, but merely a SALES PLATFORM.