Q: If you design a garment based on a picture but you drafted the pattern with subtle changes. Is it infringing?
I designed a garment based on a picture at the time the picture appeared to be from the 1930's however. It was been brought to my attention it's a more current print circa 2013. The garment I made and the pattern were drafted by me, yes it is Inspired but it cannot be virtually the same because I drafted it and it does have subtle changes. Am I violating the design copyright unintentionally? The original maker stated they have a copyright to the design but did not mention the copyright no or any info relating to it.
A:
Of course, more specific facts are required to answer the question. Here are some considerations.
A work that is "inspired" by another work may be a "derivative work." In the right fact situation, a derivative work can infringe a copyright. The derivative work need not be identical to the original.
It is quite possible that the original maker has a copyright.
A: Typically there are no IP rights to fashion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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