Copyright Essentials: Understanding Protection, Ownership, and Public Domain
At TiffanyBliss.com, we share a variety of vintage patterns that have been “modernized” for today’s crafters. Naturally, you might wonder how we can do this without infringing on copyright. The answer lies in the fact that these patterns have entered the public domain for various reasons.
Some patterns are so old that their copyright protections have expired, while others failed to renew their copyright and are no longer protected. Once a pattern enters the public domain, it can be freely reproduced, shared, and adapted.
Below, you’ll find some basic information about copyright and helpful links for further reading. Please note that copyright law is complex, and while we strive to provide accurate insights, we’re not lawyers. It’s always a good idea to do your own research if you have specific questions.
Happy crafting!
What is Copyright?
Copyright is a legal framework established under U.S. law (Title 17, U.S. Code) that safeguards the rights of creators of “original works of authorship.” These works can include literary, dramatic, musical, artistic, and other intellectual creations. Both published and unpublished works are protected under this law.
Who Owns Copyright?
Copyright protection begins the moment a work is created in a tangible format. By default, the author who creates the work owns the copyright. Only the author—or someone legally authorized by the author—can claim ownership of the copyright. There’s no requirement to register the work or include a copyright notice for it to be protected. Copyright applies automatically under U.S. law.
Are Free Patterns Covered by Copyright?
Yes! Whether a pattern is free or purchased, it is equally protected by copyright law. The law extends to all patterns, instructions, charts, and accompanying images. The cost of the pattern does not influence its copyright status.
Can I Create Something New Without Infringing on Copyright?
Absolutely! Copyright law protects how an idea is expressed, not the idea or technique itself. As long as you don’t replicate someone else’s specific expression of an idea, you’re free to use similar concepts or methods to create something entirely original. For example, you can draw inspiration from techniques but not copy the exact design or instructions. If you’re venturing into design work and have questions, it’s wise to consult a qualified intellectual property attorney.
What Falls Outside of Copyright Protection?
Certain works, such as vintage patterns in the public domain, are no longer protected by copyright. Once in the public domain, these works can be freely copied, sold, or modified without restriction.
What is the Public Domain?
Public domain refers to creative works that are no longer protected by copyright and can be used by anyone without restriction. A work enters the public domain for several reasons:
- Its copyright term has expired.
- Statutory requirements to maintain copyright were not fulfilled.
- It is a work of the U.S. Government.
How Can I Tell if a Work is in the Public Domain?
In the United States, these general rules apply:
- Works published before 1923 are in the public domain.
- For works published between 1923 and 1963, copyright must have been renewed to remain valid. Otherwise, these works are public domain. Resources like How to Tell Whether a Copyright Was Renewed and Copyright Research can help you check renewal status.
- Works published with notice from 1964 to 1977 have copyright protection for 28 years, with an automatic 67-year extension. For example, works published in 1964 won’t enter the public domain until 2059.
- For works from 1978 to March 1, 1989, copyright applies unless proper notice was not given. If no correction was made within five years, these works are now public domain.
- Any works created after 1989 are protected for the author’s lifetime plus 70 years, regardless of notice or publication.
More detailed information is available from the U.S. Copyright Office.