Norms in Knitting Interview
I am writing a paper on knitting and extralegal norms for a class at Harvard Law. Do you think you have the time to help me out?

I will keep your answers confidential and anonymous unless you specifically opt-in to have your answers attributed to yourself, in which case I will use your name in the paper when citing quotes from you. The opt-in is at the very end of the form.

When I use the word "okay," I mean acceptable within the bounds of etiquette OR morality OR law (or a combination). If it's "not okay," then it violates all three. This is not strictly a legal question. I'm testing out the plain old "it's fine by me."
 
Aside from a handful of questions, these are aimed at your intuitions about what is right and wrong, not what you think the state of the law is. If you want to also comment on the law, please feel free to do so!

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This is not supposed to be a rigorous statistical survey. It's more of an interview -- so feel free be as curt or as detailed as you think is appropriate, to reply "this doesn't matter," or to criticize the wording of my questions, definitions, or implicit assumptions. You may notice, I have not marked any of these questions are "Required." That's because they aren't. Skip as many as you like.
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Do you design knitting patterns for widespread distribution?
Clear selection
Based on your present knowledge and your own interpretation, to what extent are designs covered by US intellectual property law?
I am defining "design" as an underlying specific creation/creative idea that is described by a "pattern." So a designer can have a design in their head before writing the pattern. Someone who reverse engineers can figure out the design without ever seeing the pattern. [Replies like “All of it,” “It doesn’t matter,” or “I haven’t thought about it / I don’t care” are totally acceptable and reasonable.]
Is it okay to use a stitch dictionary in a pattern without attributing it to the stitch dictionary author?
Do you think a designer is more entitled to ownership over a particular design if the design is “nonobvious,” especially complicated, or created without any “help” or “inspiration” from another design?
Do you think that a designer has ownership over a method? Think, for example, of Judy’s Magic Cast-on, or Cat Bordhi’s Mobius knitting. Is it okay to use someone else’s method in a pattern? What if you described the method without naming those designers?
Is it okay for a designer to reverse-engineer another designer’s work based only on pictures?
Is it okay for a designer to reverse-engineer a commercially available product?
Is it okay for a designer to reverse-engineer a “tribute” to knitwear worn in a movie, TV show, or by celebrities? Does your answer depend on whether there is a commercially available original?
How would you feel if an institution (e.g., the BBC or the US Olympic Committee) required patterns using their trademarks to be taken offline? If you have thoughts on those specific incidents, please feel free to comment.
(And yes, I know these things actually did happen.)
If a designer includes a notice in their pattern prohibiting (1) copying without permission and (2) selling the finished product, what is your response?
Both your mental response to the notice and your behavior afterwards.
Follow-up to the last question: Which of the following do you believe about that notice?
Click as many as apply to you. If you covered this topic in your last response, don't worry about filling it out.
Questions just for designers
You can skip all these questions if you are not a designer. But feel free to add commentary even if you aren't.

Scroll down to the bottom! There are two more questions for everyone to answer.
(1) If you believed someone had copied your design, would you pursue legal action? Why or why not?  If it depends on whether another indie designer or a clothing company (see definitions below) or another entity was the copier, please write two or more answers about your reaction.
I am defining "indie designer" as someone who primarily makes a living through selling knitting patterns, especially through (but not limited to) Ravelry. I am defining "clothing company" as a mass retailer of apparel, e.g., anything from Old Navy to Anthropologie. I am defining legal action as anything from sending a cease and desist, retaining legal counsel, to initiating a lawsuit.
(1)(a) If you would not pursue legal action, would you pursue other ways to stop the sale of the copied design or to sanction them?
Follow-up to the last question.
(1)(b) Would your mind change if you had access to legal counsel without financial restrictions?
Second follow-up.
(1)(c) If it depends on other circumstances not mentioned above, please list some of the factors it depends on.
Third follow-up.
(2) Is it okay for your customers to copy and distribute your patterns?
(2)(a) If not, what would you do, if anything, in response to one of them doing so?
Follow-up to last question.
(2)(b) Is it okay for your customers to sell finished products on eBay or Etsy based on your designs?
Second follow-up.
(2)(c) Do you include a notice in your patterns asking your customers not to copy without permission, or not to sell a finished product based on the design?
Third follow-up.
(2)(d) Based on your present knowledge and your own interpretation, do you think such a notice is legally binding?
Fourth follow-up.
Last questions!
These questions are for everyone.
Imagine someone is rewriting intellectual property just for knitting. Do you have any thoughts on how intellectual property law ought to work for knitwear designers / knitting patterns?
Would you like attribution for your responses?
I mean, do you want me to use your name in my paper? If so, type your name below. Yes, I will even honor your request to use your alias or internet handle. If you leave this blank, I will be keeping your answers anonymous and confidential. This is strictly opt-in only.
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