When is a pattern to be called your design?

My question is, do I have to create the hat shape pattern as well to call it my own?

I just want to make a basic ear flap hats but I have some wild designs kicking in my head I would like to try. But as for the pattern I use someone else’s…

What would this be for etiquette.

To call it your own it would have to be substantially different from the pattern upon which you base it.

In reality hats all follow some pretty basic design principles and share those features in common. But to be truly your own you really should design it from scratch instead of following someone else’s pattern.

I agree with Mason.

It’s also not just etiquette, but could be a copyright infringement issue. See if this helps, too.

Judging from jewelry the change doesn’t have to be “substantial” to call it your own. If the copy doesn’t fit in the mold exactly you’re not going to win a lawsuit.

I’d look at hats like the Blues. You’re doing the standard progressions that have been done a million times before.

Etiquette-wise, you know what’s right and wrong.
If you set out to sound like BB King and claim it as your own you’re doing wrong (and will be sued even if you don’t set out to sound like him but that’s a different topic :slight_smile: ).
The people who took my dolphin ring and put the nose on the side of the tail instead of in the center did wrong, [U]IF[/U] they got the idea from my design, I didn’t invent dolphins, they’re public domain, but I was the first one I ever saw that design from, my ring was not public domain.
The person who made a mold of my dolphin ring definitely did wrong.

So are you embellishing someone else’s design or are you using someone else’s design to get the basic public domain hat that you then embellish?

Thanks !

This is exactly why I asked. I have been into knitting hats, and I have come across the exact pattern by 2 different designers. Simple as they were, they were the same just different designs.

So I am very glad I asked.

I would say: if you make it from scratch without following the pattern, then it’s yours even though, as someone else said, how many different ways are there really to make hats? You’re bound to do it the same as in a pattern, but really if it’s by accident I think it’s ok.

It also depends I think on what you want to do with the hat–if you are just wearing it youself, then it really doesn’t matter. Have fun with your hat!

I would get in touch with the original designer of the original hat pattern in question and ask them if it would be ok to “do your own thing” with the colors etc.
But, unless the hat pattern is unique in some way, o let’s just say she used a special way to do the crown or some new technique for adding the flaps etc. That ear-flap hat is pretty much public domain. You can only do soo much to stitch count and depth of the hat before it’s not a hat per se.
Anyone can cast on an x amount of stitches, knit an x amount of inches for the crown and do an x amount of decreases for the top. That’s just basic. It’s what you do in between that’s unique.
If this persons pattern has something unique to it other than what’s already been mentioned, then you can’t use it. But if it’s generic, go ahead and ask if it’s ok. Be sure to give credit where credit is due.

The design I created was for 80 stitches…

The hat pattern is a pain jane hat. Nothing but regular St st. I add more rows for depth as I like them a little longer on the brow and I made the ear flaps in general wider and longer. But I am only a couple years into knitting and I like the fair isle stuff, and thought I would create some neat celtic designs.

I thought I would find out what was best.

Thanks for all your input. I guess I was just looking for guidance, and guidance I got. So thank you.

Jan, thanks! I just read that whole eight page document, and found it very interesting as I’ve a debate going in my head about a piece of jewlery that I ‘designed’.

Uuuuhh… was it a design with a dolphin? :hiding:



If so it’s been so over done since I was in college it would be hard to make a unique one.