That's a good point. I guess we tend to just take some things for granted because they have been around for as long as we remember, so that's good thinking. I did read in that article Patrice & Norah referenced that a technique can not be copyrighted, so I would have to ask where is the line drawn between technique & new pattern? In the examples you mentioned, Vicki, I would (personally) interpret them as technique, being as you are not following someone else's placement diagram. ( a heart shape has been around long enough to be public domain, as you said) On the other hand, I can see the confusion.
I know I'm not helping any; I guess I'm just thinking "out loud". I'm going to go ask some of the people in our graphics department real quick... I'll let you know if I can find out anything you (or any of us) might find useful.