It took a lot longer to get to this stage than I had planned but I got sidetracked. I found out that my seahorse design has popped up (altered and marketed) as a Fantasia beads pattern. I guess I have had a wake-up call. I am now forced to get my best designs registered/patented. This is part of a letter I got from the site in question.
"Especially you don't have patented the design. I could make an exact copy of your ones with a self made pattern and sell it. The copyright doesn't come into effect here.
We have previously informed us with a lawyer for German right, and our approach is completely legitimate, there for we are selling out of Germany, German right counts."
It's a bit scary to have high-powered German designers checking up on my patents here in New Zealand. I certainly don't have the copyright clout and budget of Disney.
They basically added bling, changed some details and rewrote the pattern using cubic RAW instead of plain RAW. The way I see it is this: You can take someone else’s design; change a feature,
add a feature, and add embellishments. However, this does not make the design
magically become yours. It just means that you have modified it – creating a
derivation, not a design! And when you rewrite the pattern in your own words
and sell it for a lot of money, telling everyone it is your design….. well, I'm not impressed!
My 2001 seahorse design:
Their seahorse (nice fin)
Anyway the best advice I have read is that you have to stay one step ahead of pattern pirates, and not get bitter. So anyway, instead of working on the cow I have been making a new secret seahorse design - one to patent, register and protect. I too can use herringbone and sparkly embellishments. My challenge is to make it better than the one above, and not to copy anyone else - but simply to be inspired.
I'd be interested to see if my idea of this situation is in keeping with others views, given that these are emotional issues. I had a blogger say "They did NOT copy you! and that I was being arrogant and presumptuous. She said "I was not the only person who said "I think I'll make a seahorse out of beads'". I was shocked that she said this. But I guess people get defensive, and not everyone understands copyright, or the design process.