COPYRIGHT + KNITWEAR DESIGN
Before we start, please note that I am not a lawyer, and I am not providing legal advice. I am sure that people are reading this from around the world, so please be sure to check out what the laws are in your area. These are things that I have learnt in the years of owning my own company, but a google search, or better yet a chat with an intellectual property attorney is always going to be your best bet. If I have facts incorrect or that may have been updated since this blog post was published, please send me an email at knitatude@gmail.com.
When it comes to talking legal stuff with knitwear design and art in general, we have to talk about three things; Copyright, trademarks and patents. Each one is a way to be able to protect our artistry and our property, but they all do different things, and they all start, stop and cost different amounts. The largest thing I notice in the fibre world is regarding copyright, so the majority of this blog will focus on that.
Note that when we talk about copyright etc, we are talking about the legal steps to be able to protect our work, not copying another persons designs per say - though that is what leads us to this important topic. I’m hoping to write a blog post on that at a later date. Want to see my Instagram live about this and copying in general though? Head here to watch it on my IGTV to catch my thoughts on copying and design, what to do if you think someone is copying you, and how to react if someone accuses you of copying. But let’s get the legal stuff out of the way, so you’re prepared.
COPYRIGHT
COVERS: Literary, artistic, dramatic, musical or artistic works. This is also called “suitable subject matter”.
In knit and crochet design, we are talking about literary (written instructions) and artistic works (photos, 3D pieces - like sculptures etc).
NOTE: Copyright does NOT include the likeness of a piece. You have copyright on the written PDF of your work, but not “really” what it looks like. I say “really” in quotations because some colorwork could be viewed as “owned”, or theres stitch creation. I also want to preface this with if should you pursue legal action on copyright, it can be very subjective. Which is annoying, but it is what it is. We will talk a bit about trademarking later on, but before you go any further in this blog post, go in knowing that you cannot own a style of garment - like a racerback, yoke sweater, tank top design etc, or a stitch.
MYTH
“If I change 10-20% of the work, its mine.” I once was told that someone can take your PDF, add periods to the end of all your sentences and not infringe on copyright, as they have changed it. I was shocked. I don’t necessarily agree with this, because the “change 10-20% of the work and it’s yours” is a myth, a simple google search will tell you this. This is what we call “derivative work”, and for that to be given its own copyright, it has to a have significant amount changes, not minor ones.
OK, LETS GET INTO THE KNITTY GRITTY:
Copyright Canada:
When does it start: On inception + creation
Do I need to register it? No, but you can also register for $50 for added protection
Lasts: Persons lifetime + 50 years
Copyright US:
When does it start: Inception + creation
Do I need to register it? No, but you can also register for $35 for added protection
Lasts: Persons lifetime + 70 years
When researching, both said:
In general, registration is voluntary. Copyright protection exists from the moment the work is created (fixed in a tangible medium) - aka it can’t be in your head. You will need to have made it.
Note: Copyright is in your country only and it may not hold up across the border. I say maybe, since some countries have treaties together where your copyright will transfer. There isn’t any global copyright that I am aware of.
TRADEMARK
COVERS: A word, symbol or a design (like a cartoon character - yes, I’ll talk about Disney and rip offs). Normally you would trademark your logo, your company name etc.
Trademarks in Canada:
When does it start: Once it’s granted by the government
Do I need to register it: Yes. Costs usually go from $330+
Lasts: 5 years + you must renew it (every 10 years after the first 5)
Trademark in the US:
When does it start: Once it’s granted by the government
Do I need to register it: Yes. Costs usually go from $275-375
Lasts: 10 years + you must renew it
Just like copyright, there is no international trademark. You must trademark in each country to have it be valid all over the world.
Trademarks are where I get mad at people who rip off Disney, Marvel, DC, comic book characters, Harry Potter etc. Designs that are CLEARLY someone else’s idea and marketing that you’re trying to associate yourself with. If you are using the marketing from another company (no matter how big they are - everyone starts off somewhere), to further your profits by selling little baby yodas and marvel blankets etc, you deserve to get sued. Make a burgundy and gold striped scarf, I don’t care. But once you use the words “Harry Potter”, “house scarf” etc to sell it or promote it, you are now using someone else idea to gain profit and that’s wrong. Note that a lot of these companies even trademark phrases, so don’t be stupid and think that since you’re small, that you’ll get away with it. Fines can start at hundreds of thousands of dollars per infraction. Meaning every Yoda pattern you sell, could cost you grands. #NotWorthIt #JustBeCreative
PATENTS
COVERS: An invention.
Made up the wheel? You can patent that. Invented the lightbulb? You can patent that. From everything I have read, this doesn’t include stitch creation. It would have to be a new way to knit. Or a new knitting machine etc that you created.
Patents in Canada:
When does it start: Once it’s granted by the government
Do I need to register it: Yes. $4,000-6,000+
Lasts: 20 years after the day you filed
Patents in the US:
When does it start: Once it’s granted by the government
Do I need to register it: Yes. $5,000-12,000+
Lasts: 20 years after the day you filed
As the other two above, patents are only eligible in the country that you filed in.
IN CLOSING:
Maybe you’re going through this, and it didn’t really touch on what you were hoping. If you were looking to learn about copying vs copyright, my best advice is: Does it feel icky? If so, don’t do it. You’re probably being shady if it makes you feel gross inside. Hope this helped. What in this blog post surprised you? What did you know already?