ISO 2007 Jan/Feb Fons & Porter Magazine

[quiltaholi_518]

Okay, I have to weigh in.

As most of you know I am a pattern designer also. I have had some uncomfortable situations about copyright and have educated myself about it.

1. Unless a designer says otherwise, a pattern can be used as much as you want for PERSONAL USE. What we are trying to avoid is someone buying one copy of a pattern, using 50 times to make items for a boutique or craft show. You must obtain a special license for that, and it will cost, depending on the designer

2. A pattern, because it is intellectual property, can be treated like a book. It can be borrowed (like in a library) but cannot be copied, again except without permission from the designer. A charity group I belong to wanted to use a pattern over and over, and even though it was not for profit, I called the designer and she happily gave me permission in writing to copy and use it FOR THAT PURPOSE.

3. The key thing to keep in mind, is even thought you BOUGHT a pattern and OWN it, the rights for that design will belong to the designer, REGARDLESS WHETHER OR NOT IS IS PRINT. Even if I were to die tomorrow, those rights would transfer to whomever would inherit my estate (small though it is, lol) In the case of a quilt in a magazine, once it is out of print the rights revert back to the designer. You can contact them for the pattern.

4. If you design something and it turns out someone else had designed it before you-even if they did not publish the pattern-it is considered to be their copyright. You do not have to register a copyright, but if you are ever interested in defending the design you should have it registered. It cost $40 and can be done online.

5. If someone contests your copyright, it pretty much will go in favor of the person with the deepest pockets (or a brother in law who is an attorney) This is the unfortunate and expensive lesson I have learned.

6. If you are interested in copyrighting a design, I would spend a 30 minute consult with a good copyright attorney and get your questions answered by the pro!

Okay, I'm done.