My wife is attempting to start a side business doing hand-crafted items. In the process of this, she’s been worrying a bit about the way copyright law works. Basically, the main items she wants to sell are based on knitting patterns that are publicly available (that is, published online for the most part) but not public domain.
The question I have is this: If she were to make, say, a scarf from a copyrighted pattern that she is licensed to view/utilize, is there any kind of royalty or other entanglements involved or does the copyright on instructions not have anything to do with things created using those instructions?
(You are not my lawyer, etc. I’m using this thread’s answers to gauge whether I should pay my actual IP lawyer to give me a definitive answer.)
IIRC, the copyright would apply to the printed knitting patterns. If you reprinted the patterns, you’d run afoul of copyright law.
For a scarf made by the pattern, obviously you have the right to make a scarf from it (otherwise, what’s the point?). And if you make the scarf, you can dispose of it as you see fit (keep it, sell it, give it as a gift) .
If there were any rules about what you can do with the pattern, I would think it would be written somewhere in the book of patterns.
Some patterns are released to the world free and clear, and others may have restrictions.
As one example, we’ve got various machine embroidery patterns here. They’re instructions to the sewing machine, rather than for humans. Some of them are “free” in that you pay $40 or so for a CD with a dozen or so patterns on it and you can do whatever you want with them.
Others are “licensed” (Disney and other cartoon characters, for example) and not only cost more to buy, but they’re specifically restricted to personal use. You can embroider Mickey on every piece of fabric in your house, but you can’t sell the finished product.
After music and other digital entertainment, I would say knitting, sewing, and embroidery patterns are the next business that is being turned upside down in the same way.
Everything you can think of as problematical in digital entertainment IP has happened as well in the area you are asking about.
google is your friend for evidence.
If you have an IP lawyer, I highly suggest investing in his or her advice. If not, I highly recommend finding one.