Expert: - 1/27/2010

Question
I purchased a pattern from a designer and I used it. Another woman accused me of stealing the pattern and said that she was the original owner of the pattern.  It is a Valentine heart with flowers on it.  Can somebody "copyright" a common item such as a heart,sheep or flower? Or does that only count if it is an EXACT duplicate?  

Answer
Dear Kelly,

I am not an attorney - however I have come against this situation with clients as well as in my own business.

Can you please give me some more information:

When you say you purchased a pattern from a designer, did you then make items to sell from the pattern? Or did you give them to friends?

The other woman who accused you of "stealing" - can you verify that she is not the designer from whom you purchased the pattern?

In general the pattern pieces and instructions can be copyrighted. Some patterns specifically state that they may not be used for commercial purposes without permission from the company. Artwork can be copyrighted so you cannot duplicate the exact work of another person. You can change it (I think) by 30% and it becomes yours.

Symbols are in general in the public domain unless there is something that makes them identifiable.

Can you provide more specific information?

Thanks,

Jane Button
www.design2marketsuccess.com