Copyright/Design Question

[purlwise]

I found a motif I like used for a sweater in one of the my crochet books. I've never designed anything myself before, but I would like to use the motif in a different design of my own. Is it a copyright infringement if I use just the motif in an original design? Can I call this creation my own design?

 

I don't know how far a copyrighted design goes. Is it just for the garment as a whole? Or is it for all the stiches in a garment??

 

Does anyone have any idea?

[Robyn]

Technically, the motif design can only be used for the garment it was orignially made for. Because the motif belongs to another designer, anything made with that motif is copyrighted by and belongs to the designer.

[purlwise]

Wow, I wasn't sure! Thanks so much for answering my question!

[darski]

However, you can make your own design just for yourself. As long as you are not selling or promoting your own product, you can make it and wear it.

[purlwise]

However, you can make your own design just for yourself. As long as you are not selling or promoting your own product, you can make it and wear it.

 

Oh cool! Thanks for the update!

[magiccrochetfan]

This brings up a question I have been wondering about. Now that I have the Harmony Guides, I have noticed motifs from them used in other sites. There seems to be little or no change in the motifs, and wording of directions almost the same, using "in" instead of "into" for example.

http://cache.lionbrand.com/patterns/60154.html is the same as motif III.31 in 220 More Crochet Stitches.

http://crochetme.com/thirds uses "lace triangle" on page 72 of 300 Crochet Stitches.

These are just two examples I have noticed.

 

This would seem to indicate that it is okay to use someone else's copyrighted motif. Please help me understand this:think

[Amy]

A lot depends on the complexity of the motif.

 

Stitch patterns and combinations usually cannot be copyrighted. The particular text you create for your instructions can be, but you can't prevent others from ever using those stitch combinations in other patterns.

 

For example, a basic granny square motif cannot be copyrighted so that nobody else can ever create a design containing a granny square.

 

Some motifs may fall into this category.

 

Other motifs may not fall into this category, and they may be considered copyrightable.

 

If you intend to create and distribute a pattern that uses any element that was designed by another party, it would be in your best interest to consult with an intellectual property attorney before making your pattern available. Please remember that anything you read here at Crochetville does not constitute legal advice, as so far no one has identified themselves as an attorney licensed to practice in your state.

[magiccrochetfan]

Thank you, Amy. that does help me understand. It is a complex subject. I personally do not enjoy even making notes for my own use to replicate something I have made up, so I am very unlikely to ever try to write a pattern. But it is interesting to me to see all the different patterns and designs that are out there, and the "variations on a theme" that designers use.

[purlwise]

Yes, thank you very much, it does help my understanding.