Pattern Copyright Law
Patterns fall into the same category as other still images such as clip art, photographs, paintings and drawings when it comes to copyright law. Images and other intellectual property are protected under Title 17 of the U.S. Code.
Information on registering a copyright for a pattern can be found online at Copyright.gov.
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Creating a Copyright
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Technically speaking, a copyright is granted on a pattern as soon as the pattern is created. However, to enforce the copyright, the creator, or the person or business hiring the creator to design the pattern, should register the pattern with the U.S. Copyright Office (see Section 5 in Resources for an overview of registering copyrights).
Copyright Ownership
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The person who creates the pattern claims ownership of the copyright for the pattern, unless the pattern was created under contract with or commissioned by another individual or organization, such as the creator's employer or a client. In that case, the pattern is considered a work for hire and the individual or organization commissioning the pattern owns the copyright.
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Duration of Copyright
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If the person creating the pattern owns the copyright, the copyright may be enforced for 70 years after the creator's death. If the pattern is a work for hire, the copyright may be enforced for 120 years after the pattern was created or 95 years after it was first used or published, whichever comes first.
Licensing a Copyrighted Pattern
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The owner of the copyright has the ability to license the pattern for use by other individuals or organizations. Any conditions or payment requirements for the use of the pattern are up to the copyright owner, although there are some organizations, such as Creative Commons, that will help copyright holders select a license for their patterns.
Registering a Copyright
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A copyright owner--either the pattern creator or the individual or organization that commissioned the pattern--can register a copyright either by U.S. mail or by using the electronic Copyright Office (eCO) section of the U.S. Copyright Office's website at Copyright.gov. Varying fees apply to registration depending on how the copyright is registered.
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References
Resources
- Photo Credit pattern image by sumos from Fotolia.com
