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A question of ethics

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Kitsaria

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PostPosted: Mon Aug 06, 2007 10:13 am
So after making (and nearly constantly wearing) different snoods (found here). I've had three people ask if I had an online store where I sell them, and two (very black) women tell me "Girlfriend. You need to sell those!" (one threatened to "smack some black" on me if I didn't. XD). And while I would love to make and sell them for some extra cash, I keep asking myself "is this right?". Now I have altered the original pattern slightly. I didn't like how the net held to the headband with only three single crochet per loop, so I do six. and my total of stitches around is now 22 instead of 20(my first four were made with 20 around. Just finishing up the first with 22 around and I'm liking it a whole lot. x3). I've tried to find an e-mail and contact the original creator, but have yet to find one (her site didn't have any "contact me" links, or an e-mail that I could find). So ladies and gentlemen, were you in my shoes, what would you do?  
PostPosted: Mon Aug 06, 2007 11:53 am
Her web site is majorly lakcing in, well, everything. Most of the time, a pattern designer is very clear on wether or not you can sell goods made from their pattern. Many say that so long as you dont claim to have created the pattern and them due credit, its fine. But I'm confused as to how to proceed on this one.  

Silver Mist


Kitsaria

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PostPosted: Mon Aug 06, 2007 12:47 pm
Silver
I'm glad I'm not the only one confused by this. According to my dad (who knows more about computers than crafting) since I've altered the pattern, it's now my pattern and I don't need to worry about any copyrights. But I'm still wanting to get some other crafter views on this before I proceed.  
PostPosted: Mon Aug 06, 2007 1:00 pm
If you're concerned, alter the pattern a little more. If she didn't forbid the use of her patterns for sale, however, and provided no contact information with which to ask permission, then I think you're okay. I believe the copyright law states that a "reasonable effort" to contact the original owner must be made, and if she didn't put an email on her site, how else are you supposed to contact her?  

knitting_needle_ninja


Kitsaria

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PostPosted: Mon Aug 06, 2007 2:11 pm
knitting_needle_ninja
If you're concerned, alter the pattern a little more. If she didn't forbid the use of her patterns for sale, however, and provided no contact information with which to ask permission, then I think you're okay. I believe the copyright law states that a "reasonable effort" to contact the original owner must be made, and if she didn't put an email on her site, how else are you supposed to contact her?
*nods* I was thinking of how I could change it more, but I'm coming up blank. Well except adding or subtracting extra netting rows to the end. As seen here modeled by my daughter, is one with one less netting row, making it smaller in size. (it's the one I was working on when I first posted this topic)
It can be rather difficult to contact someone when they don't have any contact info on their site.  
PostPosted: Mon Aug 06, 2007 4:15 pm
I'd definately say Ms. Hewitt is unreachable.

With most free patterns, it is acceptable to make as many as 5 of the item per year for sale (you should always make every possible effort to contact the author first, but that's not really an option here).

Since you've made modifications this should be fine - especially since you'll probably alter the pattern more with each snood until you find something that works well for you.

If you're still uncomfortable with it continue to alter the pattern until you are comfortable. I don't know much about the construction of crochet, but surely you could substitute other stitch patterns and still retain the same basic shape. You would probably want to offer a variety to your customers anyway.

Good luck with your decision.  

Tinuvial


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PostPosted: Mon Aug 06, 2007 5:14 pm
Tinuvial
I'm making a test run of another alteration to the pattern. I know how I'm going to make the stitch, no idea what it's called (where you wrap the yarn over the hook 5 times, pull a loop up from you next stitch spot and pull yarn through two until runing out of two loops to pull through (hello I think that made no sense at all)), and use that in place of the trtr stitches.
 
PostPosted: Mon Aug 06, 2007 7:08 pm
First off, I'm a stickler for the copyright rules.

That said, you've altered the pattern, so you should be in the clear.

There's a rule somewhere that simple things just can't be copyrighted. Can you imagine the hell if someone tried copyrighting garter-stitch scarves? I could look at the photo she has there and figure out the pattern or something similar very easily. I'm sure you're fine. Add an entire round of slip stitches or single crochet and you'll be even more in the clear.

IF you really feel you should do something and if you plan on selling them online, add a link and say "based on this pattern."  

Catcheen
Crew


Kitsaria

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PostPosted: Mon Aug 06, 2007 8:01 pm
Catcheen
I'm nearly finished with my latest alteration. I changed the triple triple stitches to whatever it's called with you wrap the hook five times before pulling up the loop in designated stitch. It's made the overall size about half an inch to an inch larger. 3nodding

Thank you everyone for your input! biggrin
 
PostPosted: Tue Aug 07, 2007 1:44 am
You might try looking for Ms. Hewitt at www.crochetville.org. If she isn't there, someone there may know how to get a hold of her.
You might also ask your question about ethics there. Quite a few of the people there are up to date on copyright law. I seem to remember someone said that the bit about changing a pattern 25% is a myth, but don't quote me.  


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Kitsaria

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PostPosted: Tue Aug 07, 2007 9:44 am
After some google searching I managed to come across a pattern with Ms. Hewitt's e-mail. I just finished sending out an e-mail asking for permission to use her pattern. I'm hoping to hear from her soon. I'll keep you all updated! 3nodding Thank you for all your help!
 
PostPosted: Tue Aug 07, 2007 2:21 pm
In order to call an altered pattern your pattern, it needs to be altered 50% or more. I may be wrong, but that is the way it is with art so it might be teh same here, especially since most people in this guild would say crafting is art.  

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