WHOSE PATTERN IS IT?

Pattern ownership—not as straightforward as it may seem. At first glance, it would appear to be a simple issue. Of course, the designers own the pattern. Don’t they?

Clearly, the designer has brought forth a knit or crochet pattern, seemingly from the mysterious ether of artistic creation. Certainly, they also perform the practical aspects of pattern making along with the sheer creativity. But no one can deny that designers generate the idea, envision the completed product, and work out the math and practical aspects of taking a concept from idea to reality. Designers might or might not also make the prototype, themselves.

But what about testing and tech editing? Do testers or tech editors share in pattern ownership? Testers provide invaluable feedback on the workability of a pattern and the important aspects of fit and wearability. They usually receive well-earned thanks and a copy of the finalized pattern. Some might even receive future discounts, or on rare occasions, some form of financial compensation. However, they own only the personal copy earned for the test knit.

What about tech editors? Tech editors frequently pour blood, sweat, tears, and sometimes soul, into assisting with bringing a pattern to a publishable and releasable state. We strive to take the patterns we edit to the very height of pattern possibility. Sometimes, we only play a minor role in improving an already well-written pattern. And sometimes, we spend as much, if not more time and effort on a pattern as the designer. We assist with finding and pointing out errors, true. But often we also refine consistency and wording, make suggestions for layout and style, and give raw patterns a general spit-shine polish. Some tech editors also provide grading, draw schematics, and generate charts. We often hand hold the designer and provide empathy and moral support. We can feel so strongly about certain aspects of pattern particulars that we become possessive and feel slighted if a designer ignores our edits and suggestions. However, and this is a very big however, unless we are editing our own design (something I don’t encourage) we don’t own even a small part of a pattern we tech edit.

Third party book or magazine publishers own certain defined rights, usually temporary, to patterns purchased or solicited from designers. However, designers still own intellectual property rights in the form of copyright. If a pattern is independently published by the designer, they own sole rights. Right?

But who owns the pattern after it has been sold? How does the pattern purchaser fit into this pattern ownership scheme? To start, the designer retains copyright. The purchaser cannot violate designer copyright. They can’t resell a pattern or otherwise profit financially from a pattern; although, they might be able to sell items created from a purchased pattern. However, this is not a legal discourse regarding copyright.

Pattern purchasers also have rights: the right to expect the pattern to produce the item depicted in the pattern in a reasonably understandable and workable, error free format. They have the right to make as many items from the pattern as they wish. They have the right to pattern support, if needed. They have the right to expect the pattern to be accessible and provide all the information needed to complete the project. They have the right to retain the pattern in perpetuity. They have paid for it.

All the efforts of the designer, the tech editor, and the testers have gone into making this possible—an accurate and enjoyable experience for the end user and purchaser of the pattern. Only the designer retains any rights to the pattern once it has been purchased, those protected by copyright. However, the crafter that purchases the pattern is the actual owner; and, as long as they respect designer copyright, may more or less, do as they please with the purchased pattern.

Patterns belong to us only for a little while, for testing, for editing, or for creating and sending on their way. If we have done our jobs well, they will go forth to enrich the life of the crafter that purchases them.