© 2000 Dan Rusch-Fischer 
The simple 6-ring motif at the right is just one of hundreds of variations of the original pattern that was published by Mlle Eléonore Riego de la Branchardière nearly 150 years ago. It is purported to resemble a butterfly and was tatted by me starting with a pattern in Tatting Butterflies by Teri Dusenbury, published by Dover Publications (click HERE to read their position on copyrights and patterns). To tat my version of this old motif, use DMC #10 Cébélia cotton. Start at the upper center ring; 3 double-stitches, 3/32" picot (use a picot gauge made from cardboard or plastic), 1 double-stitch, 5/32" picot, 1 double-stitch, 3/32" picot, 3 double-stitches, close ring. Upper right ring; 3 double-stitches, join to 3/32" picot, 10 double-stitches 9/32" picot, 1 double-stitch 7/32" picot, 1 double-stitch 5/32" picot, 5 double-stitches 3/32" picot, 3 double-stitches close ring. Lower right ring; 5ds, join to 3/32" picot, 3 double-stitches 5/32" picot, 5 double-stitches 3/32" picot, 3 double-stitches close ring. Bottom center ring; 5 double-stitches join to 3/32" picot, 5 double-stitches 5/32" picot, 1 double-stitches 7/32" picot, 1 double-stitches 5/32" picot, 5ds, 3/32" picot, 5ds, close ring. Continue around joining first ring made, tie ends and cut off.
What then is protected by copyright? Teri Dusenbury holds the copyright that covers: the 'work of original authorship' contained in the words, drawings, and photograph found in her book that describe how others may tat her design for any use they may see fit. No design, however, can EVER be copyrighted. If a designer wants legal protection for their design, they must obtain a Design Patent (see below FAQ's). Design Patents 'disclose' a design in a Federally protected way to secure the exclusive limited right for the originator to utilize that design as they see fit and to limit its use by others. If a design is publically disclosed prior to applying for a Design Patent by publishing the method of creating it, or drawings or photographs of it, no Design Patent can ever be granted as the designer gives up that right; the same is true for public disclosure of a method of construction before applying for a Patent. Teri's butterfly design has no Design Patent and since it was previously disclosed by being publicly published is inelegible to ever receive one. If there was a unique, original method of construction in making it, that would also be ineligible for a Patent for the same reason.
My words as here written are copyrighted from the second they are created by my effort and originality (however paltry that is in 'creating' a 6-leaf rosette variation which has been published in a thousand slightly different ways by a hundred different authors over 150 years), leave my mind and are 'fixed' in a 'medium' whether paper, computer hard disk, etc.; they then become a 'work of original authorship' (i.e., I have 'authored' an original description for this unpatented, publicly disseminated design). In addition, the photograph on this page of my tatted butterfly is also copyrighted from the moment it was fixed in my computer. Hence, my description of the method of tatting my butterfly and the photograph of it constitute a copyrighted work. If I want to let others know of its existence, I add this: ©2000 Daniel Rusch-Fischer
The following info is from the U.S. Copyright Office & the U.S. Patent & Trademark Office. Other good websites for copyright info are The Copyright Website and nolo.com. If you need legal advice concerning Patent & Trademark Law; please contact an attorney.
(click on a question below to go directly to the FAQ)
What is a copyright? [Top]
A copyright is a form of protection granted to an author of an 'original work of authorship', whether published or unpublished to do and authorize others:
- To reproduce the work in copies
- To distribute the work to the public by sale, renting, lending, etc.
with exceptions.
How long does a copyright last? [Top]
For works created on or after January 1, 1978, the length of the author's (or in the case of joint authorship surviving author's) life plus 70 years. Check for 'works for hire' and other exceptions.
What does a copyright protect? [Top]
In the case of patterns for tatting projects, the original drawings, photographs, and text (if any) describing how to make the projects.
What is NOT protected by a copyright? [Top]
The idea or method of construction behind the pattern; in other words, the design. This is the most common misconception about patterns; the law says, "USC Title 17 Section 102 (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."
I have a really neat title for a project pattern; can I copyright that? [Top]
Sorry, no, titles, slogans and short phrases are not copyrightable.
Does a work have to have a copyright © notice to be protected? [Top]
No! It used to be required, however, now "copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work." There are, however, extended legal litigation rights obtained by providing a copyright notice; most notably a defense against claims of 'innocent use'. In addition, it provides useful information about who authored the work, when and often where it was first published.
Can a pattern be copyrighted? [Top]
Yes and no! The text, drawings, photographs, etc. of a pattern that comprise a "work of original authorship" can be copyrighted, the design behind the pattern cannot. Just as you can copyright your "work of original authorship" describing a recipe for your "Killer Chili", you cannot copyright the idea (recipe) for the chili.
Isn't there any protection for a 'design' or idea behind a pattern? [Top]
Yes, however, it is not copyright. The patent laws provide for the granting of design patents to any person who has invented any new and nonobvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. If you have created a new design for a doily utilizing tatting, you can apply for and probably receive a Design Patent for it (Design Patents for tatting patterns are on the books). If you go through the process successfully, you will be assigned a Design Patent number by the U.S. Patent & Trademark Office and be privileged to use that design for 14 years (be aware that CFR 37 provides for the following fees to be paid for each pattern submitted): 1.16(f) Design filing fee 165.00
1.18(b) Design issue fee 225.00
1.20(e) Design Patent Maint. Fee Due at 3.5 years 525.00
1.20(f) Design Patent Maint. Fee Due at 7.5 years 1,050.00
1.20(f) Design Patent Maint. Fee Due at 11.5 years 1,580.00
Total at end of 14 years 3,445.00
The author of an original pattern made mistakes. May I publish a corrected version? [Top]
The author has 'copyright' not only in the original work, but also in 'derivative works' which include compilations, abridgements, and modified (corrected included) editions. Unless you redescribe the design (which is not covered by copyright) in your own 'work of original authorship' you will almost certainly be violating the author's rights.
What use can I make of a copyrighted pattern that I have purchased? [Top]
You can use the pattern to make as many useful articles (doilies, etc.) as you want and do with the items as you see fit; sell, give away, whatever. You may not make copies of the original text, drawings, photographs, etc. of the pattern to give or sell to another, or distribute to the public in any way with the exceptions provided in 'fair use' definitions.
Can I make a copy of a copyrighted pattern? [Top]
The 'fair use' provisions of the Copyright Laws provide that you may make a copy for your personal use, study, etc. (that doesn't mean sending your copy to Aunt Ida - then she would be using it).
I teach a class on tatting - can I make pattern copies for use in teaching? [Top]
Permission from the author is a guarantee that it is OK. However, 'fair use' says that reproduction by a teacher or student of a small part of a work to illustrate a lesson is acceptable, however, what constitutes a "small part" keeps lawyers busy.
I am reviewing a copyrighted book and wish to show several photos from the book. I don't need to get the author's permission for that do I; after all, I am helping them sell the book and am not profiting from the reproduction? [Top]
Unless you limit yourself to VERY brief excepts of text from the book you can find yourself in violation of copyright laws. As far as reproducing a photograph, drawing, or illustration; each of these is considered a complete work of 'original authorship' and duplicating just one of them, in effect, is reproducing that copyrighted work in its entirety and almost certainly a violation of copyright law in each instance. Although a copyrighted work may consist of text and photographs, for example, each photograph was protected by copyright as soon as it was 'created in fixed form' (usually taken to be the first time a print was made; although it also extends back to the negative). Whether one profits or not has no bearing on whether a violation of an author's copyright has occurred; his is the right to make copies of his work or grant permission for that copying to be done for as little or as much profit as he deems appropriate.