Donna Druchunas's Blog

Yesterday, I received a message from a blog reader. Unfortunately, my blog software had a brain fart and did not include her return email address. Here's the message I received:

Hello,
I have come across your book and LOVE the patterns! I am a qiviut knitter, and was wondering if the product(s) of the patterns in your book could be sold by the people/person (me) who knit them? Just  thought I'd ask. I don't want to get into trouble. Amazing book. Hope to hear from you soon!
~Victoria.

Victoria, I hope you're reading this, because I'd like to answer your question.

Yes, yes, yes! But please include a note on the tag that says,  "Design from Arctic Lace by Donna Druchunas."

I'm happy when people want to knit my designs. I'm happy for them to use them for charity knitting, or for commercial purposes as long as I am given credit for the design. The way I figure it, it's free publicity for me. The person who buys a knitted item is not likely to be the same person who would knit that item for themselves. Or, if it is a knitter buying one of my designs, they'll likely be interested in seeing more of my patterns. Either way, people hear about my book and my work, and we are working together to spread beauty in the world. The person who knits the item is doing their own work in creating the finished product and I see no reason why they should not be able to  do that for profit if they so desire.

I am not fond of the current state of U.S. copyright law. Different knitters have different opinions, and my interpretation of how I want copyright law to apply to my work is not the same as the ideas held by many, even most, knitting designers today.

Here's what I think and how it applies to my work.

In 1790, the first U.S. copyright law granted authors sole rights  over their work for 14 years, with the option to renew for another 14. Over time laws have extended the duration of copyright to the  life of author plus seventy years for individuals, and to ninety-five  years for corporate authorship and anything originally published before 1978. As a result, no additional works will enter the public  domain United States until 2019. (Unsurprisingly, this act covers  several characters owned by the Walt Disney Company. Without the  extension, Mickey Mouse would have entered the public domain in 2004.  Hmmm. I smell corporate lobbyists, don't you?)

At first copyright extension might seem like a good idea to writers  and designers, but it hampers our ability to use sources that could  enhance our newer works.

Some knitting designers have even claimed that they own a certain  pattern stitch. In reality, it's not possible to copyright a knitting  stitch. No idea can be copyrighted. If you want protection for an idea, you have to apply for a patent. What can be copyrighted is the form in which the idea is fixed. That means that what can be copyrighted are the words (line-by-line  instructions) or pictures (charts) that are used to describe that  pattern stitch. So if you want to republish a stitch, you have to write your own instructions or draw your own chart.

Imagine if Barbara Walker did all the work of assembling her books of pattern stitches and knew that by copyrighting her books she would be consigning all of that beautiful creativity to oblivion because no one could ever use the stitches again! Imagine if she hadn't been able to  compile those books in the first place because other people owned the  copyrights to the pattern stitches! The whole knitting world would have been impoverished. Creativity would have been inappropriately hampered.

While I do respect the work involved with creating an original  knitting design and I know how hard it is to make a living as a fiber  artist and crafts designer, I also respect the tradition of sharing and openness in crafting  communities. I know artists have a right to make a decent living from  their work, but I despise the bottom-line-above-all mentality that has become so prevalent since the 1980s.

Making individual photocopies of our books and patterns causes particular concern to many  knitting book authors. This is legal for personal use only. You can copy a pattern to carry around in your knitting bag. It is not legal to give copies to other people so they don't have to buy the book, pattern, or magazine. It is extremely not legal to copy material and sell it. (The issue of copying is being revisited in the courts because of the surge of new electronic formats, especially, but not only, pertaining to music.)

I have no problem with readers making copies of my  patterns for their own use or to share with a family member or a  close friend who can't afford to buy their own copy. (I frankly think it's absurd that such a thing could be illegal.) That's more generous than the current law, and I hereby give readers permission to do this. But please  don't make copies of my patterns and sell them!

Well there you have it. I like to share my work. I am happy when my  pattern stitches are used by other designers. Was it Mark Twain who said that imitation is the sincerest form of flattery? But I'm also  grateful when my permission is obtained to use my work for commercial purposes.

Thanks for asking, Victoria. Yes, you may sell items you make from my patterns, as long as you clearly acknowledge my contribution to the work you are doing in a way that accompanies the article to its buyer.



For more information on copyright, see the following links:
United States Copyright Office
Creative Commons
Electronic Fronteir Foundation