Copyright and desing

[snowplow3840]

I read this the other day, it's easy to understand and quite interesting. It's written by Patricia L. Cummings. I think she regularly has articles about quilt history in a quilter magazine though I can't think of which one right now.

"Copyright and Quilts
Trying to Get the Big Picture"

http://www.quiltersmuse.com/copyright_and_quilts.htm

JoAnne

[snowplow3840]

Thanx for the link JoAnne. That was interesting.

[snowplow3840]

A quick note about the sports teams, a local elementary school here was forced to change the design of their mascot, a Cougar, b/c it was too much like the "Nittany Lion" of Penn State. And they were right, it turned out that the parent who had "designed" it had used their lion and just changed a few things. He was facing the other way, a different color, not much else.
Florence

[snowplow3840]

Thanks for the explanation about Licensed fabrics Ann, it makes sense now. Maggi

[EditorAnne]

A lot of people seem to believe the myth that as long as you change a particular design by a certain amount (whether 10% or 25% or whatever), you can claim the rights to your "new" design.

In fact, the holder of copyright to the original design can file a claim against you if your design is recognizable as having been derived from the original. It doesn't matter how much you may have changed it--if it's obvious where you took your inspiration from, you may be liable.

Nancy Restucchia is smart. She tells you right in her pattern instructions how many copies you are permitted to make and what you can use them for. She then invites you to contact her if you'd like to use them for other purposes. I wish all pattern designers did this.

No one is going to file a lawsuit if you use his or her design for personal use. However, selling a dozen items made from that design at a craft fair may be a problem. And making copies of the design and/or instructions for friends, even if you do not profit financially from doing so, is prohibited. It deprives the designer or author of further sales.

I get upset when I hear quilters (and others) decrying copyright law (which is NOT what I'm hearing on this thread, by the way). It's important and it's there for a reason: to protect the rights of creators to earn their livings. It allows the publication and distribution of the books and patterns we love and depend on. Copyright law should not be feared by quilters, because it does not set unreasonable limits.

Anne in Vancouver, Canada

[EditorAnne]

I get upset when I hear quilters (and others) decrying copyright law (which is NOT what I'm hearing on this thread, by the way). It's important and it's there for a reason: to protect the rights of creators to earn their livings. It allows the publication and distribution of the books and patterns we love and depend on. Copyright law should not be feared by quilters, because it does not set unreasonable limits.
Anne in Vancouver, Canada

I like everything you said, Anne. It's unfortunate that so many think nothing of making copies of patterns and giving them to others. Often I find that I've bought the same pattern two times, sometimes three times (memory fades) and I give the extras to friends. The last time I did this, the recipient said she would make copies for others. I told her that if she was going to do that I would just keep the pattern. She looked at me as if I had two heads!

Making copies of patterns published in magazines is also not allowed. I had misplaced the issue of "Love of Quilting" that had the pattern for a kit I ordered from Fons & Porter. I contacted Fons & Porter to see if it was all right to make a copy of a friend's issue. I was told that the patterns were under copyright and that I couldn't make a copy. I bought another issue. Then I found my original issue, Murphy's law!

This afternoon I was just looking, again, at the winning entries from the Road to California Show in January. The text about one, in particular, said the quilt was inspired by a certain children's book. I looked for the book on Amazon and saw that the illustration on the cover was almost identical to what was depicted on the quilt. I wondered how the maker was able to do that and win money on the quilt.

JoAnne in southern California

[EditorAnne]

I've been thinking about this a bit and I'm wondering if this really comes down to common sense and respect for someone else's stuff. Of course the devil is in the details which is why lawyers make the big bucks, but....We all learn as children that if something doesn't belong to you ask permission before you use it.
Sherry

[EditorAnne]

Do unto others as you would have others do unto you. I truly is really simple for honorable people. Betty Ann

[EditorAnne]

I have a question for you all: I own several quilts that are recognizable patterns, but unique enough to warrant reproduction. I have sketched the pattern for one, and am in the process of reproducing another. If I publish the patterns, do I violate the rights of the undoubtedly deceased quilter? I don't have provenance for any of my quilts.

Along the same lines, I have a beautiful redwork quilt top, obviously antique. If I reproduce those designs as a pattern, must I research every block to determine its origin, to make sure I don't violate anyone's copyright?

If I am inspired by a quilt on EBay or at a museum, must I obtain the seller's permission (or buy the quilt), or work with the museum to reproduce that pattern, especially if I intend to make substantial changes?

In each of these cases, I would like to offer the patterns, either free on a website or as a pattern to purchase. I do not intend to produce items to sell at a craft fair.

I would appreciate your thoughts.

Kathy B.

[KakeM]

Hi Kathy B.....I have gotten a lot of copyright info from the following sources:
http://www.reddawn.net/quilt/copylaw.htm, http://www.quilt.com/FAQS/copyrightFAQ.html#an1, http://www.azquiltersguild.org/copyright.htm

Each site gave me lots of information. I hope this helps in some way. Karen