I’ve got a bit of a foolish question.
I’ve seen a lot of people, both on here and elsewhere, selling crochet items that are trademarked/copyrighted characters, like San Rio and Disney and Studio Ghibli characters.
Everything I have researched says this is copyright infringement.
Am I missing something, and there is some sort of loophole here? Or are people just breaking copyright without knowing and then getting away with it?
I’m not trying to create controversy, just genuinely curious.
as long as you dont include the copyrighted name in the title, it isnt infringement :) from what i know
I don’t think it’s allowed
Definitely not a foolish question, I’ve had doubts about this too! I’m not too sure about it, but @tygger428 seems to know more on this subject
Yeah, @tygger428 knows about this
I like your question. I personally think it’s wrong to make something that someone else has a copyright on. Some of you might go to my shop and see that one of my make looks like something that someone has a copyright on, it’s not its my version of there pattern that has a lot of changes too.
using images you don’t own, passing off patterns you don’t own as your own, using licensed images that are both copyrighted and trademarked (Disney, Nintendo, Sanrio, sports teams, movie characters etc) unless you have legal permission from the actual owner, is infringement
Some people don’t know that they are actually breaking the law (in the US Federal law) doing this
Sites make it difficult to take down infringing material as the actual owner has to send (or their attorney does) an official takedown notice.
Even on Ribblr, if you are the designer and notice that someone has made a design here using your pictures and your exact wording, the actual owner must report it. They will investigate the claim and if they agree they will remove it
I really wish designers would use only their own ideas, pictures etc. Stealing is everywhere. It is a big reason I refuse to become a designer myself
Doesn’t matter if you offer “your version” for free or if you “give them credit”. You must ask the actual owner for for permission first
For information on a specific instance it is best to consult an attorney specializing in intellectual property laws
Ya I’ve seen a lot of this too! I have made a soot sprite which is a studio ghibli character. I’d love to share the pattern but I don’t how I would do that without it being copyright infringement. If anyone has any info/ideas on how to do this without it being illegal etc please let me know :)
Okay, so this has been brought up before. You can make and sell the patterns, but it can’t be the same name. For example if you make let’s say a Disney character, I’m going with Wall E then you can’t sell it under ‘Wall E crochet pattern’ it has to be something like ‘Cleaner Robot’. If it’s the same name then yes, it’s copy right, if it’s not, then no, it’s not. Or at least that’s what I’ve seen, others on Etsy do it as well but it isn’t under the same name and they haven’t been copyrighted or sued for it.
I think that they can call it something else, like instead of Yoda people say alien or something, but I also think that if it’s free it’s fine, as long as you’re not making money off someone else’s idea.
Ya I wasn’t going to make it paid anyway but I’d rather be safe than sorry. I don’t know what I’d call it though 
I saw a video on Youtube that crafters were actually getting in trouble for this sooo I think it is illegal
I actually have reported patterns for creators not on the website and ribblr takes them down! All i did was link to the actual pattern, and link the stolen one as well, and ribblr took care of everything!
Good Idea
Even if you call it something else if you can see that it is a likeness you can still get sued. Disney has been taking action on violations.
I think ribblr should tell people making patterns that are an infringement to take them down. I think you can make them but not sell patterns or sell items made .
You cannot just calll it something different. That is still illegal. The reason you see people doing it is because it makes it harder for them to find. They change the name because they know what they are doing is illegal and don’t care.
I agree that free, by far, is the safest and most ethical way to go.
A corporation can take issue if you profit
in some way from their creation without permission.
Otherwise there doesn’t seem to be a legal problem if it’s essentially fanart, and you are giving out free instructions on how to accomplish the look for personal use only.
Selling the finished product of a character from these corporations contains issues as well.
Unless you have permission.
That’s what I’ve gathered over my own research on the subject, anyway
Edit: Check out a corporation’s usage rights and be sure you understand their rules!
They’re infinging, and it’s a huge risk. They may get away with it for a while, but these large companies (ESPECIALLY DISNEY) hire people to make sweeps across the internet and in person, for example at cons and festivals, to find things like this. I would hate to receive a cease and desist from a brand that could sue my house right from under me. Others may disagree, but it’s not worth it to me.
Okay, see now I don’t do this, I only shared what I’ve heard before when this discussion was brought up. Even then, I never put up my patterns for characters because I don’t like the idea of it it just feels weird in a way. Thank you for letting me know!
I know that some companies care more than others. I have heard of something in the past where the company ended up taking down someone’s shop because they were selling patterns of copyrighted characters. I also know that some companies don’t care as much and are pretty chill with art of their characters. I definitely won’t be making any like that unless I get permission since I don’t want to get in trouble at all.