Copyrights on Crochet Patterns

About 5 years ago I saw a crochet pattern in a magazine that I purchased. This particular pattern was made in strips or blocks and had a heart design in it. You then had to edge each piece and set them together. I have developed a pattern for a baby afghan that has the heart design in it but it is made all in one piece, then edged. Their pattern has a heart in every block. Mine has hearts just in the corners and in the very center. I'm sure the magazine material is copyrighted. Can I copyright my pattern since it is different or would I be infringing on their copyright?

K. Rhoades
Alabama

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Okay, is the magazine the owner of the copyright or the person who made the pattern? I mean are they featuring someone else's work or their own? Then, has it been trademarked as a company name?

So, this is the situation: it is one of substantial similarity -- anything that is substantially similar is their copyright, everything else is yours -- as a derivative work.

What you do is this: contact the copyright office and call their customer service line. The more information you provide to them, the more accurate the answer will be -- i.e. describing the picture and then your pattern.