Ask a Question, Get an Answer
Today I’m starting a new series on this blog. Each Thursday I open it up for questions regarding crochet business or crochet blogging. I’ll choose one question to highlight in a video. You can participate by joining the Crochet Business Fan page, the CBB Group on Facebook or the CBB community on Google+.
The first question is from Holly G. via the CBB group on Facebook. She asks,
Concerning copyright issues, I’m offering an item using alternative colors (i.e. Miss March colors instead of Miss October colors). Can I take a picture of the actual crocheted gown alongside the pattern booklet to use as an example of the custom order? i.e. The photo I take would be on an Artfire listing offering custom crochet gowns in any color. Would this be infringing on the copyright?
My initial response was No, this would not be infringing on copyright. Before I typed that answer to her question I thought I better check it out on the copyright.gov site. I went through the “Taking the Mystery Out of Copyright” material before answering her. (Holly, I Will be posting this to the group)
The copyright.gov definition of Copyright regarding an idea versus an actual product is
Copyright law does not protect your idea. Instead it protects the tangible expression of your idea or system.
First, she crocheted the gown she will be photographing. Second, she is NOT claiming copyright of the booklet she wants to photograph. Finally, she is NOT using their photographs – it is simply a reference.
Holly, if you want to cover yourself, I’d write the publisher and ask permission to use it in a photograph.
Common sense would say of course she can do that. People resell things all the time on eBay and Amazon. In this case she isn’t even selling the booklet so having it as a reference point shouldn’t be infringing on the copyright. BUT it seems that in the crochet or craft world we tend to be hyper-sensitive to the issue of what is and what is not infringing on copyright.
For a good read on this issue (which is what sparked this question in the group) visit Sedie’s blog YarnObsession and read her article “Yes, You Can Sell Crochet Pieces from Someone’s Pattern“.
Legal Disclosure: I am not a lawyer. This is my opinion based on my own research using the above copyright.gov site. Please ask your lawyer and double check anything I write or anything written by anyone on the web.
How would you answer Holly? Share your comments below.
I am in agreement with all you have said Sara! good post!
Lisa, thanks for stopping by. Copyright is really a big topic in the crochet community and I think there is a lot of misinformation out there or rules that people add on that have nothing to do with the legalities of copyright.