# Copyright Question



## Billie in MO (Jun 9, 2002)

I have a pattern for a Christmas wall hanging with 25 pockets on it for special treats. Similar to an advent calendar. I made one for my granddaughter several years ago and ever since, everyone wants one. I've always just given my things away (because of stated copyright on the pattern) but they want to pay me and to also do a Christmas craft show.

Absolutely, no where on this pattern is anything in regards to copyright. No where. I've checked and double checked. The word is no where on this pattern. I've checked the web site listed and it is no longer valid. Every search of it comes up "not found".

The only copying would be how to assemble it. I would not be using any of the designs on the pockets (mitten, stocking, wreath, tree, snowflake, snowman, heart, house, candy cane, star, & gingerbread man). I would be using my own designs as they want them customized to a theme. Western/cowboy, southwestern, Victorian, etc.....

What do you think? I could really use the money but certainly don't want to get into any trouble if I do the craft show.


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## Wisconsin Ann (Feb 27, 2007)

sounds to me like you're changing enough stuff on the design to make it a different object  If there's no copyright printed on the pattern you have, it's likely NOT copyrighted. 

Real hard to copyright a craft item. and anyway...how many times have you seen a ceramic Christmas tree (the kind with lights stuck in it) at a craft show? The basic mold IS copyright protected. but the product isn't. 

heck. now that I think on it...people sell clothes they make using Simplicity/McCalls/EasySew patterns all the time.


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## pixelphotograph (Apr 8, 2007)

Sounds like your safe but just in case I would look up a good COPYRIGHT LAWYER.
Dont go to a regular lawyer most dont know the first thing about copyright. Only a true copyright lawyer can help you when it comes to copyright law.

Things dont have to say copyrighted to be copyrighted.
I used to be in the art business and had to deal with copyright lawyers all the time with artist and photographers and wanting prints and copies made.
If you can change enough stuff and call it something else and have it be for something else chances are its something else. LOL 
I wish you luck. And as I said before you are probably safe but I am not a lawyer.


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## Karen (Apr 17, 2002)

Angie would be a good one to check on this with. She did a LOT of research on copyright of patterns. 

Angie can correct me if I'm wrong, but as I recall, she basically learned that they don't have to say on the package "copyright" in order to be copyrighted. 

Additionally, she found out that changing things on the pattern didn't negate it's copyright. 

To confuse things even further, I don't think she ever did get a response or answer into where the line is drawn in the sand so you can use basically the same type of idea. It was all very confusing and conflicting information. :shrug:


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## Nancy in Maine (Jun 24, 2002)

I would think it's ok to sell the calendar with no fear. I wouldn't go copying the pattern and trying to sell it as your own. I'm sure that would be a copyright infringement whether it said as much on the package or not.


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## CraftyDiva (Aug 26, 2003)

I'm pretty sure whom ever created the pattern your using doesn't hold any copyrights to the "Advent Calandar". They may have copyrights to the designs used on the pockets, but not the basic calandar look of it.

By using your "own" designs your doing what they did, using the basic calandar look. Not to worry.  



.


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## pixelphotograph (Apr 8, 2007)

Karen said:


> Angie can correct me if I'm wrong, but as I recall, she basically learned that they don't have to say on the package "copyright" in order to be copyrighted.
> 
> :shrug:


I'm not Angie but you are correct it doesnt have to say Copyright on it to be Copyrighted.

A calendar or the form factor of a calendar can not be copyrighted. Anyone can make a calendar.
The images or what you use on the calendar can be copyrighted.
If you create a calendar with your own designs then you are safe and there is nothing to worry about.


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## ovsfarm (Jan 14, 2003)

In my understanding, anything anyone creates is automatically their property and does not have to bear the copyright symbol to legally belong to them. However, people cannot copyright things that are common everyday concepts, like calendars, pockets, color combinations, etc. I think that if you do your own designs, and perhaps even modify the overall size and proportion a little, then your item would be different enough not to be an infringement. For me, one of the best guidelines is to consider how I would feel if someone else made the same thing I was considering making. Would I consider it a rip off of my design or just someone else making a similar thing? If it is common enough that I would take it in stride, then it is probably public domain. But if I would get bent out of shape, then I need to examine where I got the idea and think about how that person would feel about seeing my work. If you are still unsure, an attorney's fee might be worth the peace of mind to clarify the situation.

I would suggest extra caution if you are selling the pattern for others to make up to be sure it is all your original work, or if you are teaching a For Profit class using the design for all the students. And don't forget that instructions are also copyrighted material. I sell felting kits and have written up my own instructions for their use. I did put the copyright symbol on them, and I would certainly be steamed and take action if I found someone else selling or using MY instructions to make money for themselves.


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