As an Art Licensing Coach and the head of a thriving Art Licensing Studio and Agency, we hear one question from our talented pool of licensing artists and designers time and time again:
“Can I sell a repeat pattern outright if I use the same existing elements?”
It’s a tricky question, but an important one to answer. And while there isn’t a one-size-fits-all answer when it comes to what percentage of a repeat pattern is allowed to pass as “new,” we’ve got the know-how to guide our artists towards creating truly unique and marketable designs that’ll catch the eye of even the most discerning buyers. So if you’re looking to dive into the world of art licensing, know that we’re here to help you navigate the ins and outs of the industry with ease and confidence.
Yes, it is possible to sell a repeat pattern outright using the same existing elements. However, it is important to ensure that the pattern meets the requirements for originality and creativity to avoid copyright infringement.
A repeat pattern is a design that can be tiled seamlessly, creating a continuous pattern when repeated. To create a new repeat pattern using existing elements, designers often manipulate and rearrange the elements to create a new design. The challenge lies in creating a new pattern that is distinct enough from the original pattern and does not infringe on the copyright of the original design.
When creating a repeat pattern using existing elements, the percentage of the design that can be reused while still considered a new pattern depends on various factors, including the nature of the elements, the arrangement of the elements, and the level of creativity involved in the design.
In general, the more creative and unique the arrangement of the elements, the higher the percentage of reused elements that can be allowed. However, there is no specific percentage limit or formula that can determine if a design is considered a new pattern. Each design must be evaluated on a case-by-case basis.
For example, if a designer takes an existing floral design and simply repeats it without any significant changes, it is unlikely to be considered a new pattern. However, if the designer takes the same floral elements and arranges them in a completely new way, changes the colour scheme, or adds new elements, it may be considered a new pattern.
To ensure that a new repeat pattern created using existing elements is original and does not infringe on the copyright of the original design, it is recommended that designers perform a thorough search for existing designs that may be similar or identical. They should also consult with a legal expert to determine if the design is original enough to be considered a new pattern.
In conclusion, it is possible to create a new repeat pattern using existing elements, but the percentage of reused elements allowed depends on various factors. To avoid copyright infringement, designers should ensure that the design is original and distinct from the original pattern.
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