Legal Question in Intellectual Property in Texas

I am a member of an online sewing site that provide tools to organize my crochet projects. Part of the organizational help is to be able to post a picture of the project I am working on, or will be working on, for easy identification. I do not sell any items I make, nor try to profit in any way from anything. This site allows projects to be viewable by its other members.

I have purchased crochet patterns and want to use those images for organizational purposes. Some of the images are those used by the retailer to sell the crochet pattern to the public online. Some images are pictures I scanned from the book or leaflet itself.

If I cite the source of the image(s), put a (c) to the source on the image, and if possible (some have been discontinued), provide a link to where that pattern can be purchased, may I use these images for this purpose?

I also always add the information that the image is not my own finished product. When I do finish a product, I add my own image of that. And of course, no part of their product (the pattern information) is given, only the source information so others can look up and purchase the pattern on their own, if they wish.

To me, this is advantageous to the source, and free advertising for them to profit, just as if nextag.com or pricegrabber does. To others, this is copyright infringement.

Which is it?


Asked on 11/12/11, 12:34 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

The images of your work product are not infringing. The copies of pictures from the pattern books are copyright infringement, but no one is likely to object, particularly the seller of the patterns for the reasons you state and also because no pattern maker is likely to be aware of your entries on the site. I think giving credit to the source is the right and wise move, as even if a pattern maker discovers your entries they will be pleased rather than angered. As a copyright lawyer I can tell you no one is likely to pay someone like me to sue you over something this minor, particularly when you are helping rather than hurting the copyright owner. There would be no damages to collect.

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Answered on 11/13/11, 6:18 am


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