Because tartan is a repeating pattern, and there are only a limited number of sett sizes that are usable, any computer graphics programmer could generate every possible pattern in a very short period of time.
Claiming yours is unique can be counter-productive. You would need to specify the EXACT color of each thread. Normally weavers say "blue". To claim copyright you would either need to copyright every possible shade of blue separately, or specify your blue (using RGB values, for instance). Once you specify it at that level, then someone creating a similar tartan but using a different color thread would no longer be infringing.
And really, just swapping two similar color threads creates an entirely new pattern, even though only microscopic examination could detect the difference.
I think the whole "restricted tartan" and copyright issue is unmanageable when it comes to tartan. Tartan has existed for hundreds of years. How can anyone claim theirs is new and unique to them? It just isn't likely to be true, or at least verifiably true.
Also, after reading your last post, I should mention that Nick has said (on this site) that Scotweb no longer claims a copyright on designs created using their online software.
Last edited by Calico; 1st July 11 at 01:23 PM.
Reason: read later post
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