Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
In relation to the pattern; what constitutes a new pattern? How much of the original pattern has to be changed for it to become a new pattern. Is there a guideline?
Under the Copyright Act, a copyright owner does have an exclusive right to adapt the work. This means that it will be a breach of copyright to adapt the work without the owner's permission. Whether adaption has occurred is determined on a case-by-case basis - there are no particular guidelines for this. But the courts will look at whether any of the original pattern has been used in the new pattern, or whether you have started from scratch. You just want to make sure your new pattern has no obvious resemblance to the original pattern.