Can a Designer of a Copyrighted Pattern that I Purchased, Prohibit me from Selling the Projects I make from the Pattern?
Something that has been bugging me is buying a pattern, and then finding it says I can't sell what I make from the pattern. In my mind, I paid for the pattern, and should be able to do what I choose with my work. I have bought a couple of patterns recently and although I didn't find it disclosed anywhere in the description of the pattern that I was not allowed to sell my creations, it was at the end of the pattern as part of the copyright info. I was not aware of this till AFTER I had paid for the pattern, and I printed it out. That experience prompted me to begin looking online to see what I could find out. On
http://www.purplekittyyarns.com/info/copyright.html there is a whole page that is dedicated to copyrighted crochet patterns and what it entails. Although I'm not real happy with what I learned, this is a quote from that page that answers my question in a pretty straight forward way.
What works are protected?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The patterns, step-by-step instructions, charts and accompanying photographs are copyrighted. **Any finished product made from a copyrighted pattern, step-by-step instructions, chart, or photograph is also covered under copyright law, therefore, you cannot sell any finished product made from a copyrighted pattern without first contacting the publisher or designer to request and receive permission to do so.**
There is much controversy over the fact that a finished product that you make is copyrighted. It is the law, nonetheless, since it is the author's expression that you have reproduced and the fact that you have reproduced a copyrighted pattern does not eliminate the copyright protection.
All of the patterns sold in this, (the purple kitty yarns site) ,online store are copyrighted by the publisher and/or designer.
Purchasing the pattern does not remove the copyright protection of the pattern, it merely gives you the right to reproduce the author's copyrighted work for your personal or charitable use. You are free to make as many projects from your purchased pattern(s) for your personal use or for charity donations. However, you are not allowed to make items for commercial use without express permission from the publisher or designer. Please respect the copyright on these patterns and do not sell a finished product made from one of these patterns without first obtaining permission from the publisher or designer. It is the law.
So the long & short of it is that they can prohibit you from selling what you make from their pattern, even if you bought the pattern, and made the item yourself.
FYI,
http:/www.freevintagecrochet.com has loads of free patterns, but according to this, we are
NOT allowed to sell anything made from those patterns.
Still doesn't seem quite right to me, but they didn't ask me. :)