I think that when you have the evidence of your own design process, ie.  
stages in the evolution of the design that is a defence against "stealing"  
someone else's work. Obviously you have not stolen someone else's design and  
taken their work if you have created your own design but it resembles 
another  person's.
 
Devon
 
 
In a message dated 5/3/2009 12:49:00 P.M. Eastern Daylight Time,  
[email protected] writes:

I follow  this debate when it comes up, as best I can, but can I put a 
question to  all those in the know please?

I have been working on creating a pattern  most of the afternoon, I have 
taken shapes, fans, spiders, dots trails and  things and put them together 
in 
a way that fits (as I am working with the  design package.  I am not 
looking 
at books, but using different  shapes to make what I hope will be a pattern 
I 
like and one I can  work.  I intend to give it a name (if it comes together 
and I like it  enough) but without looking at every other torchon pattern 
book that is in  print how can I be sure I have not repeated someone elses 
patterns.   (I have quite a few but this is not a repeat of anything in 
those).
It  is not really likely to be an exact of anyone elses, but without 
looking  
how would I know?

I dont intend to sell it, just to use it for a  family piece but under my 
own 
name and under the design name I give  it.
Sue T



> There have been large and long debates on  knitting and lace knitting 
lists 
> about this kind of thing, and I have  two friends who are 
patent/copyright 
> attorneys who have advised me,  and one did get into a discussion on a 
> list.  Some of the  challenge on one of them was the owners of the list 
> published  patterns, and so wanted to overstate copyright to put fear 
into 
>  people, which perpetuated misinformation (such as you can't even make a  
> working copy or photocopy something out of the library, even if  
> out-of-print).

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