So this thread has probably been made before by someone else, but I can't find it. I want to start an etsy to sell the random crochet and cross stitching projects that I do. Problem: I almost always follow other people's patterns. When I'm not following someone's pattern, I'm useing someone's image and making a pattern out of that. Can I still sell things? Where can I do reading or whatever to find out what I can and can't sell? Just googling something sets my anxiety off, especially if I can't find what I want in a few minutes. Also any advice or whathaveyou wrt using etsy and stuff is welcome x)
Okay so I took the plunge and did some googling. Everything I read seems to say that the product of the pattern isn't under copyright, just the pattern itself. And this page has some Supreme Court rulings that seem to back it up. Not that anyone would come after me anyway, but I still wanted to be sure. I feel better about it at least. Now... to actually do the thing.
You are in the clear. A pattern is copyright the person that made it. Making a derivative pattern might be a copyright issue if you tried to sell the derivative pattern as a pattern. Products made from either original or derived are not covered - processes and products are not covered by copyright. They COULD be protected under patent, BUT patents for processes must be applied for, they are not automatic the way copyright is. ALSO - a patent on the process must be disclosed - the pattern would have to include the patent number covering it or a statement saying the patent was applied for. Since most needlework processes are in the "public domain" due to common use, it would be really hard to get a patent on following a pattern approved. SO - selling things you made from copyrighted patterns or derivative patterns does not come under copyright law. EDIT: I is not a lawyer nor do I play one on the internet. This information is publicly available through the US gov patent and copyright offices. Consult a lawyer for actual legal advice.
Oh yeah, I should probably do that. There's not much there now, but I hope to come up with more things soon. https://www.etsy.com/shop/ReAllyssaCrafts
