Craft Use Policy – Copyright Infringement

Krystal, from the Etsy shop Solsisters, recently told us about what she calls an “easy mistake” made by handmade artisans.

“As creative artisans, we’ve all downloaded patterns from somewhere on the Internet,” Krystal said.  “Of course, we realize that there is a person behind the pattern, who worked hard to figure it out and write up the directions. However, once it’s there for the download, that person’s wishes for the use of the pattern or things made from it are the farthest thing from our minds in the rush to make this cool new thing. But this rush can backfire, badly, for both users and pattern makers.”

This happened to Krystal when she downloaded a pattern for a handbag from a blog.  Krystal had seen it on the Craftster forums. “It was an easy bag to make and I liked it so much I made two of them up and put them in my Etsy shop,” said Krystal.  “I posted my creations on Craftster and on my blog, giving a link back to the pattern maker and the other Craftster user who had posted an alteration of the pattern. I got lots of compliments and figured they would sell pretty quickly.“

After posing the item to her Etsy shop, Krystal received an Etsy convo from the maker of the pattern.

“Hi there! I’m really disappointed to see that you are selling bags made with the free pattern on my blog in your shop. The pattern clearly states that it is for personal use only; specifically that you may not sell the pattern or bags made with the pattern (or modifications to the pattern). While I am flattered that you like the pattern so much, I’m also really displeased at the copyright violation and saddened that you didn’t feel the need to respect my wishes for the pattern’s use.  Please take these listings down immediately.”

Krystal was shocked.  “I had not remembered seeing any terms of use on the pattern. I looked again and there they were, in small print down at the bottom of the page,” Krystal told us.  “I was pretty upset myself due to the tone of her message. However, I am also a graphic designer by trade and used to thinking about clear communication from an end user’s point of view. So, I took a breath and wrote back to the artisan.”

Krystal sent an Etsy convo back to the maker of the pattern.

“I’m sorry. I didn’t notice that on the pattern until you pointed it out. I see it in the small print at the bottom now that I look again. The listings have been removed.  I am a graphic designer and I respect copyright. I apologize for not looking closer at it.  Although I am well aware of copyright rules and do my best to abide by them, you can see that even someone who knows better isn’t always going to catch it. You’ll do less policing if you make it a little more obvious. In cases like this, that’s not a just a disclaimer (which is that bit of fine print at the bottom) and should be front and center before anything else is presented as well as repeated at the bottom of the pattern.”

Krystal also suggested the seller alter the PDF of the pattern to clearly state the intentions for the pattern.  She suggested adding text directly under the title which would read “This pattern (and any altered versions you may find or create) is provided for FOR PERSONAL USE ONLY. You may not sell this pattern or bags made from this pattern.”  Kyrstal also suggesed the seller add her name to the pattern.

The following day, Krystal received an Etsy convo from the seller.

“Thanks so much for the response — I appreciate your honest input. I apologize that the tone of my email implied that I believed you to be knowingly using it without permission; at second glance you are right, the pattern isn’t really that obvious. I will make some changes. I was more just surprised than anything else, and I probably should have waited a while to cool off before I reacted.“

In a response to the Etsy convo, Krystal stated that she fully understood how the maker of the pattern felt.  Krystal has created her own patterns too and understands the huge amount of work that goes into a pattern.  Krystal suggested the maker of the pattern look at it from the user’s end, as she herself often finding this can be easily overlooked.  “Your intent is crystal clear to you,” Krystal told the pattern maker, “so you forget to make it clear to your readers/end users. You are after all, busy creating and spell checking. Like me, you probably consider most people to be the honest sort who wouldn’t knowingly benefit from your work without your permission.  The truth is, unless you are very clear with your intent, people will assume anything on the internet is a “free for all”. It’s not that they are all out to make a buck off your back, it is more the fact that most things on the internet fall into this category. The general public is poorly, if at all, educated regarding intellectual property rights. So we have to help them out by making our intent clear.”

In addition, Krystal put a note on her Craftster post as well as her blog post so others will not unknowingly make the same mistake.

To avoid the same confusion, here are some great tips for pattern makers from Krystal:

• Make your terms of use impossible to miss. Place them near the top of the pattern or on the cover page. Repeat them at the bottom of each page or on the pattern pieces. Clearly state them in any promotional/marketing avenues you use to promote the pattern.
• If you see a use you did not giver permission for, do not assume the worst. Remember the old saying about flies and honey? Send a polite inquiry restating the terms of use with the assumption that it was unintentional on the part of the user. Ask for a particular action to resolve your concern. Only get harsh if you’re first attempt is ignored.

By the same token, Krystal came up with ideas for pattern users:

• Respect the time investment, talent and wishes of the pattern maker. Be aware of copyright issues and look for terms of use statements on the pattern before you use it. If they are unclear, contact the author. If they are missing entirely, it is probably safe to assume the pattern is for personal use only and you should contact the author if your intended use of the pattern or the goods made from it is not for your own personal use.
• “Personal use” usually means the item made from the pattern will be used by you or given as a gift. It can also include a donation to charity. You cannot sell any items made from the pattern in any venue, online or brick and mortar stores or even at a church craft sale. You may be surprised, but most of the commercial patterns from McCall’s, etc are generally “For Personal Use Only.”
• Some makers allow items made from the pattern to be sold. The language will be something along the lines of: “Items made from this pattern may be sold by the original purchaser of the pattern only” or ” You may sell any items you make from this pattern in any venue, but you may not resale or otherwise distribute the original pattern.” Very few will allow resale of the pattern itself, even if you alter it or rewrite the instructions.

Krystal’s biggest take away?  “If in doubt about any aspect of the pattern or your use of it, ask first,” she suggests.