The Copyright Law Of The United States of America, Title #17, Section #102 reads, in part: "Copyright protection subsists in accordance with this title, in original works of authorship fixed in any tangible medium of expression In no case does copyright protection for an original work of authorship extend to an idea, procedure, process, system, method of operation, principle or discovery..."
Copyright infringement occurs when a person copies someone else's copyrighted item without permission. To have a copy is not to have the copyright. For example, you can photocopy a pattern to cut up or mark so you don't ruin the original but not to give to a friend so she doesn't have to buy one. This would result in a loss of income for the author. It doesn't matter if the pattern is no longer available, or if you do not charge for the copy. Likewise, when a persons’ creative effort is photographed and published without permission, perhaps on a website or in a guild newsletter, this is also copyright infringement. The creators ability to profit by a sale of that photograph has been damaged.
The fair use exception to copyright was created to allow comment and educational opportunities with regard to a creative effort. For example, a school may choose to use a portion of a creative effort as an example of the use of color. Fair use should utilize only a small portion of the total item and should always be attributed. Fair use does not allow the reproduction of an item, or the ability to publish a pattern of it without the designers permission as that would harm the ability of the author to gain profit from its sale.
You are free to use patterns from any book or magazine that you have purchased. However, if you make an exact copy or a close adaptation of an item from a pattern or book, the designer still owns the copyright on your work and you must ask that designer for permission to publicly display it. Many books and patterns will give permission "for personal use and non-profit use only." This means you can make an exact or a close item from the pattern and keep it, display it, give it to a friend or sell it. You cannot mass produce items from the pattern and sell them commercially.
Changing the color scheme or size does not transfer the copyright to you. You would need to change the design enough so that it is not similar to the original. However, a technique can not be copyrighted so you may use another persons technique to create a unique design of your own.
It is always best to give credit where credit is due. If you create a work based on someone else’s design or technique, mention that in the label or display information. What goes around, comes around - someone may be inspired by YOUR work.
Register your copyright
As of April 1, 1989, every creative work is automatically copyrighted the moment it is fixed in tangible form. If you would like to document your copyright, place this comment on your work: "Copyright [dates] by [author/owner]" You can use © instead of "Copyright" but © has never been given legal force. You do not have to register your creations with the Library of Congress for them to be copyrighted. However, registering your design will give you added protection as well as certain additional legal rights. If your work is copied by someone, you will have to register for a copyright before you can file an infringement suit. Before 1978, a copyright lasted 28 years and could be extended another 47 years for a total of 75 years. After 1978, a copyright lasts the lifetime of the author plus 70 years.
If you have a creative work and would like to register the copyright, visit the Copyright Office Website at http://www.loc.gov/copyright or call 202-707-3000 for the appropriate forms. You will need to send the form, a photograph of your item and a fee to the Library of Congress in Washington, D.C. The copyright registration goes into effect the day the Copyright Office receives your application. Send your application by registered mail so you will have proof of the date it is received as it may take a while for it to be processed. Once the application is accepted, you will receive a certificate of registration. You will receive a letter or a call if they need more information or if the application is rejected.
