copyright

[Susanri]

this came up on another board but I think everyone needs to talk about it since its very complicated and could be costly to a longarmer or quilter. Becareful who you buy your patterns from.

http://www.agrinewsinteractive.com/archives/archives_fullstory.htm?ArticleID=7408&ShowSection=From%20the%20Archives

[Susanri]

try this

http://www.agrinewsinteractive.com/archives/archives_fullstory.htm?ArticleID=7408&ShowSection=From%20the%20Archives

[thequiltqueen]

OK.....so I guess we are allowed to hand over our money to purchase a quilt pattern, but then we are not allowed to do anything with it????? Or maybe we are permitted to make a quilt which we then keep in a closet in case someone else should happen to notice it?????

I am completely on board against photocopying patterns and sharing them with friends etc....but this is just ridiculous!

[ramona-quilter]

I'm with you Deanna. The panto or any other pattern,

for that matter, is a tool. The copyright statements on my

pantos (Willow Leaf, etc) don't mention any restrictions

about displaying a quilt using the panto pattern.

And the idea of giving a share of the gain from the use

of a pattern, where does it stop? Do I have to send $ to the

panto designer when I get paid to quilt using the panto I

bought? :mad: It is an interesting question.

I believe in copyright protection but there has to be some

common sense in there somewhere.

Let's say I write a novel and it is a bestseller which makes

a ton of money. Do I have to pay Dell because I typed the

novel on a laptop that I bought from Dell? Does Microsoft

also get a claim on the novel because I used spellchecker in

MS Word when I wrote the novel?

I do, however, believe that just as a matter of respect and in

the interest of helping fellow-quilters, a line on the quilt

entry with the pattern name and designer would be a good

thing.

[Susanri]

I wrote to the copywrite office this is the answer I got :

"Copyright in a pattern normally pertains to the pattern itself, i.e., to the written instructions, diagrams and/or pictures, not to the object that

is constructed from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work that is made, then a

person may need permission to use it commercially. An example of that would be a knitting pattern depicting original artwork. An example of the

opposite would be a dress pattern: the dress made from the pattern is not

subject to copyright protection."

the funny thing is her patterns are not unique, the one in discussion is a simple modified rail fence, I have a picture of that quilt made in 1880'sh so she would be wrong in persueing this. but anything can be argued and that costs everyone big bucks.

[busybee]

If that is the case then what about all those designs that are embrodrey does for clothes and in store ??????????????When will the line be drawn?Nita

[Farmersdaughterquilting]

Well there is always one nut in the barrel stirring it up......Opps, was that my inside voice!

I found a great resource for this subject. It is a book by Nancy Restuccia called " Publish Your Patterns! How to write, print, and market your designs? it has a great section on copyright.

I highly recommend this for anyone who has concern. The author refers to US copyrght law. The artical mentioned above was from Ontario CANADA, perhaps the laws are different in the US.

[JudyL]

As a pattern designer, I do have a problem with people copying and handing out freely my patterns (or anyone's patterns!) but I do agree this whole copyright issue has gone way too far.

With the AQS shows (maybe others -- I'm just familiar with those), if a quilt being entered in the show is from a pattern, you must have permission of the designer/copyright holder before you can enter it.

With the quilts on my pattern covers, most of them have pantos and I get permission from the designer/copyright holder and I'm thinking . . who wouldn't be thrilled with free advertising - to have their panto on the cover of a pattern.

There are some designers of pantos who give you a certain number of uses or require that a panto be purchased each time you use that panto. Know what? I have NONE of their pantos and it wouldn't matter to me if they made the greatest panto in the world . . I'm not buying it!

There are others I'm sure but Jodi Beamish at WillowLeaf has always been most agreeable to her pantos being shown on my patterns.

If I were looking at patterns, be they piecing, stencils or whatever, and had any idea that I might want to enter the quilt in a show or sell them at a craft show or even sell it if I decide I don't like it, I would write the designer and get written permission BEFORE purchasing. If they don't promptly respond, they've missed a sale.

There are enough people out there who are reasonable that we do not have to deal with those who are unreasonable.

As to embroidery designs you see on clothes for sales, it is possible to obtain a license to reproduce designs. Even those designs available for use with our embroidery machines are not meant to be used on items that will be sold.

To me, it makes it even more absurd when it's a simple, simple pattern and they're threatening to take you to jail for making a rail fence or something equally as easy.

Most of my patterns start out as simple, ordinary, public domain blocks. Would I be terribly surprised to see a quilt just like one of mine that was made without the use of my pattern? No, I would not. Would I be surprised and offended to see my instructions and graphics copied and used in someone else's pattern? Yes, I would and to me, that is a copyright violation.

But, I am not an attorney so this not legal advice or interpretation -- just my opinion (which means NOTHING!)

[Susanri]

your right Judy and your opinion and everyones matter this is not about the obvious copyright protection of copying and selling pirated patterns but the right to do what you want with the quilt made from the pattern in essence the designer is saying she has legal right of control over your quilt simply because you followed her pattern.

If you show a quilt you should give credit to the pattern so that its not mistaken for an original idea and others can go buy that pattern but the designer should not have control over whether you can show it all? or sell it, If I show my quilt at a county fair and Mr smith offers me money for it I'm not allowed too accept the offer? commercial use refers to mass production not one sale. ithink she is missing the concept of "fair use"

[JudyL]

I've pretty much stopped putting pictures of customers' quilts on my webshots page because I heard from a couple of longarmers who had received complains from designers because quilts made using their patterns were posted and they didn't like it.

I don't agree with that either but I'd rather not have to deal with the hassle so unless I have a quilt that I think it outstanding and worth taking a chance on receiving a complaint, I no longer post pictures on the webshots page.

A funny thing - remember the yellow quilt I posted on here a month or so ago . . the lady who made that lives in VA and I didn't want to post pictures on my blog or webshots because I didn't want her to see it online before she saw it in person. Well, her aunt happened across the post on here, told her about it. Luckily, she had already received the quilt but it is a very small world. If I tried to do something and not get caught, I couldn't get by with it.

[Susanri]

well that women is right on one level but her pattern is a modified rail fence which has been around for over a hundred years so only her actual pattern is protected not the block design check this site out!

http://qnm.com/copyright/index.html

what an education I got!

[Giftedhands]

This is the way with the Lazy Girl patterns. You are absolutely forbidden to make and sell any of their bags. If you make them for shop samples to promote the sale of the pattern, you cannot sell the "shop sample" when the pattern is sold out.

Cynthia

[Susanri]

well I think I will be not using designer patterns anymore going Dover all the way!! too much gray area for me!

[mrsbishwit]

I understand the need to protect a design from being pirated for anothers finacial gain...it's not fair that 1 individual does all the hard work and another comes and steals the work and claims it as their own.

But in this case where the pattern was purchased by the consumer made into 1 qult that was entered into a quilt show/competition should not be in a legal battle. What did the designer expect, that people would buy her pattern but never use it? Quilts are to be loved, cherished, and enjoyed...not dragged through some court room. And if I am understanding this correctly the pattern in question was a modified version of a rail fence pattern that has been around for generations. So the designer actually was the first person to "steal" the pattern because the original rail fence was not hers to modify in the first place.

In my opinon this designer is not really interested in selling any more of her designs original or not if she is going to keep the people that purchase her patterns from being able to do what they want with their finished product. This designer should be flattered that 1)someone liked her pattern enough to purchase it and 2)that it won in a competition...which in turn could have resulted in more sales for her, since quilters do like to talk about their treasures and word of mouth would have given her more credit and good publicity for future patterns where this is making her look petty and greedy.

Sorry for the rant but seriously what is this world comming to if you have to give your first born just to enter a quilt in a local fair or quilt competition.

Joann