Legal Question in Intellectual Property in New York

Re: crochet patterns and fair use in relation to copyright laws

I think you're confused: the first sale doctrine would protect you from being liable to the author (copyright owner) on a subsequent sale of the pattern itself. If you use someone else's (a copyright owner's) plan to build something (in this case a knit good), you are liable to pay a royalty to the owner on the sale of the knit good. This is the basis of a radio station paying copyright owners of musical works for broadcasting their composition over the air.

If you want to use a copyrighted pattern to produce a good, you must negotiate with that owner for the right to do so (which will typically entail your having to pay a royalty to the owner on a per-piece basis). In the music industry this is done by "treaty" -- copyright owners rely on BMI or ASCAP to deal with this and the royalty is set by mass agreement.

Bottom line: the first sale doctrine does not apply; the copyright owner can foreclose your use absent a license to so use the pattern and, if the copyright is registered, they can seek (and prob. get) treble damages.