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Old 04-02-2015, 03:15 PM
 
Location: Arizona
563 posts, read 1,397,858 times
Reputation: 634

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I'm not sure where else to put this, so I apologies if this is not the right place for it. But I figure crochet is a hobby, so maybe someone here might have an idea on my question.

So there was a photo of a hat posted somewhere that I really liked. Where to get a hat or a pattern, no one seemed to know. Much later, I found the hat for sale, from China. I decided to buy one and received, and studied it, and made as close to a copy as one could. (I'm pretty proud of it). I have seen one pattern for a hat similar to this one, but from photos, definitely different.

I can't think of a reason not to, but I guess I'm afraid of stepping on toes. Would it be wrong for me to write a pattern and sell it? Or create my own hats and sell the final product?
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Old 04-02-2015, 06:15 PM
 
6,751 posts, read 7,357,953 times
Reputation: 10105
No and no. Go for it - you reverse-engineered the hat. I'd write up the pattern and see if you can sell it (maybe put it on Ravelry - lots of eyes there). You can also sell the hats you make, even if you use someone else's pattern. Copyright law covers the pattern itself, not items made from it, though it is considered to be courteous to recognize the designer.

On your pattern, you can say the hat was inspired by one you had purchased.
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Old 04-02-2015, 06:28 PM
 
12,619 posts, read 10,280,477 times
Reputation: 32860
Quote:
Originally Posted by Emeraldmaiden View Post
On your pattern, you can say the hat was inspired by one you had purchased.
The OP doesn't even have to do that. The OP is creating an original pattern. Where the inspiration comes from is irrelevant.
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Old 04-02-2015, 09:07 PM
 
6,751 posts, read 7,357,953 times
Reputation: 10105
Quote:
Originally Posted by charlygal View Post
The OP doesn't even have to do that. The OP is creating an original pattern. Where the inspiration comes from is irrelevant.
True, there's no requirement, but people buying patterns tend to like to hear the backstory.
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Old 04-05-2015, 10:12 AM
 
11,116 posts, read 16,804,468 times
Reputation: 10096
Quote:
Originally Posted by AlaMommy View Post
I'm not sure where else to put this, so I apologies if this is not the right place for it. But I figure crochet is a hobby, so maybe someone here might have an idea on my question.

So there was a photo of a hat posted somewhere that I really liked. Where to get a hat or a pattern, no one seemed to know. Much later, I found the hat for sale, from China. I decided to buy one and received, and studied it, and made as close to a copy as one could. (I'm pretty proud of it). I have seen one pattern for a hat similar to this one, but from photos, definitely different.

I can't think of a reason not to, but I guess I'm afraid of stepping on toes. Would it be wrong for me to write a pattern and sell it? Or create my own hats and sell the final product?

I believe you would love www.Ravelry.com if you don't already belong. It is a great site for knitters and crocheters, the biggest site online for those hobbies exclusively. Join the forums and you can pick and choose what type of groups you want to belong to, and many professional designers on there for free, yes free, advice. Many free patterns, patterns for sale very reasonable, and so forth. You will enjoy it and learn so much about your hobby and designing patterns. One of the many forums is "Pattern Detectives" and they are verrrry helpful in finding patterns if you describe the pattern, and possibly post a picture. There are even some people in the legal profession who can give you advice about making and/or sharing your own patterns.
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Old 04-05-2015, 01:23 PM
 
19,699 posts, read 59,595,835 times
Reputation: 36591
The post is amusing to me, because chances are 9 out of 10 that the hat from China was an illegal copyright infringement anyway. Intellectual rights do have restrictions on derivative works, but I'm not sure that would apply in your case. If you were cloning name brand purses yes, but the chances of this being a problem are nil. There isn't enough money involved that anyone would pursue it, even if there was an issue.
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