Lace Pattern Copyright Question

Hi everyone. I have one specific question about copyright, and that’s it. This isn’t meant to turn into a big long discussion on copyright laws and knitting ethics, I’m just wondering about the logistics of a single particular issue and I hope someone can help me.
If there is a copyrighted knitting pattern for a scarf with a particular lace pattern in it - such as the Falling Water scarf - can I use that lace pattern in a pair of socks (that I’m improvising, just including this particular lace motif) and sell that pair of socks?

ETA: I actually just received a reply on Ravelry from the designer. She said as long as I don’t call my sock pattern Falling Water, it’s totally fine with her. So, since I got her express permission, I guess the problem is solved either way!!! :slight_smile:

take for example the ‘Column of leaves’ scarf that is out there. The lace pattern is a mimimum of 113 years old and long out of copyright. But the pattern for the scarf is in copyright. So you can use the lace, but not any of the pattern’s graphs or instructions.