When you've designed something...

[teakaycee]

Have you ever come across a project sortly there after and find that what you thought to be your own original design is darn close if not exactly what someone has already done? What do you do then?

[marikamum]

I think that is one of the reasons that copyright in these areas can be so difficult to negotiate.

 

My personal opinion is that if you are only benefitting personally from the pattern you designed - i.e. making it for self or gifts OR if you are profiting from selling items made from the design you came up with, there should not be a problem (though in these litigious days you'd probably want to keep any notes and in-progress planning sheets you had while developing the pattern to show your original thinking...). The difficulty is if you want to publish or sell the pattern itself. In that case you'd probably want some actual legal advice...

[teakaycee]

I appreciate your reply!

I tell ya........ its a real bummer when this happens.

I get to patting myself on the back for such a neat design.... only to find out... I'm not as smart as I thought I was ... and my design isnt all that orignial.

Thanks again dear!

Have a GREAT day!

[RoseRed]

Do we get to see a pic of it?

[teakaycee]

Well........... here is one of a few items I had in mind when I was asking this question.

Okay.... now for example... the blanket is done with a 'V' stitch. I just knew the stitch.. used no pattern for the blanket though. The beanie was totally made up with starting with a circle at the top.

So... does this qualify as my own design?

I'm sorry if I'm being a pain about this........... I just want to understand how this works.

[ashleighraew]

Like mari said, this is one of the reasons that copyright law in this area is really a tough thing to do. I know plenty of people who design something just off the top of their head just to find out that it's technically not really theirs. It's a head-scratcher.

 

By the way, that's absolutely gorgeous. Very unique. I'm pretty sure I've never seen anything like it.

[CrochetLiving]

An idea is in the air can't be copyrighted. For instance, you get an idea for a blanket. Then you say to yourself, I want to make it in V-stitches and then I want to add a decorative element, like weaving. You start to make your project, writing down all the steps. This is the expression of an idea. The expression of the idea can be copyrighted.

 

Another person might have an idea for a blanket made with V-stitches, but goes about it in another way, Maybe her starting chain is different, she starts from the wide side, she adds a picot border, etc. That is her expression of a V-st blanket. Now if there is a pattern out there that you saw and just changed the hook size or yarn or striped it, but the expression of the pattern was still intact, then you cannot call it an original.

 

I have a copyright attorney and that is a very simple synopsis of what she told me.

[RoseRed]

A Vst is a very common st. There are many blankets out there that are made from it. A dc round for a border is really common.

 

My 1st ghan was a V st. I chained until it reached from fingertip to fingertip on my EXhubby and vst'd until it was a foot taller than him. (Can you guess who I was making it for?) Then I dc'd around it.

 

The point here is we made totally different blankets using the same very common and easily made stitches.

 

It's your pattern if you made it up. I really do like the weaving - that looks cool!

[Krakovianka]

Copyright is different from Trademark/Patent in this way--there can be more than one original expression of the same thing. When you register a copyright, they don't go looking to see if someone has a copyright similar to yours--that is not the point--they merely protect your expression in its finished form. This is not the case with patents or trademarks--those have to be not only original, but unique, so a search is done to be sure no one already has a trademark or patent like the one you want to register. "Original" material is "not copied" from someone else, but it is not necessarily unique. Copyright law will protect all similar materials alike--they don't infringe on each other merely by existing, provided they were not copied in the first place.

[teakaycee]

By the way, that's absolutely gorgeous. Very unique. I'm pretty sure I've never seen anything like it.

I really appreciate the compliment!!!

[teakaycee]

An idea is in the air can't be copyrighted. For instance, you get an idea for a blanket. Then you say to yourself, I want to make it in V-stitches and then I want to add a decorative element, like weaving. You start to make your project, writing down all the steps. This is the expression of an idea. The expression of the idea can be copyrighted.

 

Another person might have an idea for a blanket made with V-stitches, but goes about it in another way, Maybe her starting chain is different, she starts from the wide side, she adds a picot border, etc. That is her expression of a V-st blanket. Now if there is a pattern out there that you saw and just changed the hook size or yarn or striped it, but the expression of the pattern was still intact, then you cannot call it an original.

 

I have a copyright attorney and that is a very simple synopsis of what she told me.

 

Thank you!!! I think my thick head is starting to get this ..... I said "Think" dont get too excited.... I have moments where I'm slow to catch on.

This really did help... thank you! I appreciate your time to explain.

[teakaycee]

Copyright is different from Trademark/Patent in this way--there can be more than one original expression of the same thing. When you register a copyright, they don't go looking to see if someone has a copyright similar to yours--that is not the point--they merely protect your expression in its finished form. This is not the case with patents or trademarks--those have to be not only original, but unique, so a search is done to be sure no one already has a trademark or patent like the one you want to register. "Original" material is "not copied" from someone else, but it is not necessarily unique. Copyright law will protect all similar materials alike--they don't infringe on each other merely by existing, provided they were not copied in the first place.

~~~~~~~~~~~~~

A Vst is a very common st. There are many blankets out there that are made from it. A dc round for a border is really common.

 

My 1st ghan was a V st. I chained until it reached from fingertip to fingertip on my EXhubby and vst'd until it was a foot taller than him. (Can you guess who I was making it for?) Then I dc'd around it.

 

The point here is we made totally different blankets using the same very common and easily made stitches.

 

It's your pattern if you made it up. I really do like the weaving - that looks cool!

 

I appreciate you both taking time to help me understand this whole issue better! I'm left feeling excited now... I think I have a few creations that I know I can call my own.

Its just a neat feeling to say.... "I created that"

thank you again!!!

[RoseRed]

~~~~~~~~~~~~~

 

 

 

Its just a neat feeling to say.... "I created that"

 

 

Yes, it is!

[RusticOkie]

I'm so glad to see this post. I was just looking for a pattern for something to make for a gift and came across a copywrighted pattern that was just a square made up of double crochets and was very confused as to how they could copywrite a stitch! But now I understand. Thank you so much!

[crochetrenee]

If this came from your brain, then it is your original design. A design is a combination of the stitches, gauge, yarn, color(s), trim and embellishments that come together to make the whole. As a designer, I keep all of my notes and scribbles. I recently designed a scarf using a stitch pattern from a popular stitch dictionary. I was concerned about the appropriateness of doing this, so emailed the editor prior to submitting. She told me that ANY stitch pattern could be used, so long as the project itself is original. Hope that helps!