Another "copyright" talk
05-05-2010, 06:44 PM
#53
Senior Member
Join Date: Nov 2008
Location: Pacific NW USA
Posts: 883
Originally Posted by amandasgramma
This is what she says on her blog:
".....THE USE OF CONCEPTS/IDEAS FROM THIS SITE ARE RESTRICTED TO PERSONAL USE ONLY. CONCEPTS/IDEAS MAY NOT BE REPRODUCED FOR SALE.
THANK YOU."
".....THE USE OF CONCEPTS/IDEAS FROM THIS SITE ARE RESTRICTED TO PERSONAL USE ONLY. CONCEPTS/IDEAS MAY NOT BE REPRODUCED FOR SALE.
THANK YOU."
This is merely an example of Freedom of Speech rather than Copyright Infringement! It is funny though.
05-05-2010, 07:43 PM
#54
Senior Member
Join Date: May 2009
Location: Northern Illinois
Posts: 351
You cannot change something "a little" and call it your own.
If you can still recognize any part of it as someone elses,
then it is still not your design. You must change it so it
is not recognizable at all from the original design.
I'm a tole painter and I use several artists designs. 99% of
the artists tell you you can use their patterns for fun or
profit, but it may not be reproduced by a manufacturer. I
assume this applies to copyrighted quilt patterns also. I also
personally think its a little hard to copyright a quilt square
that was created back in the 1800's or earlier. Just changing
its name does not make it yours.
You cannot copyright ideas or concepts unless you have used
them yourself to create something. Does that make sense??
Catlady
If you can still recognize any part of it as someone elses,
then it is still not your design. You must change it so it
is not recognizable at all from the original design.
I'm a tole painter and I use several artists designs. 99% of
the artists tell you you can use their patterns for fun or
profit, but it may not be reproduced by a manufacturer. I
assume this applies to copyrighted quilt patterns also. I also
personally think its a little hard to copyright a quilt square
that was created back in the 1800's or earlier. Just changing
its name does not make it yours.
You cannot copyright ideas or concepts unless you have used
them yourself to create something. Does that make sense??
Catlady
05-05-2010, 09:42 PM
#56
Super Member
Join Date: Nov 2009
Location: TX
Posts: 1,243
Originally Posted by PatriceJ
Originally Posted by Norene B
Changing the design a little makes it yours. The main thing is not to sell that pattern to someone else. You can make items and sell them though.
On the other hand, just because someone says their pattern is original and copyrighted does not make it truly original and copyrighted. Maybe they "borrowed" someone's idea. They have to prove it is original, as much as you might have to prove it is not.
05-05-2010, 09:51 PM
#57
Super Member
Join Date: Jan 2008
Location: currently central new jersey
Posts: 8,623
i'll never understand this stuff. if it's old, if people have been doing it before you came along, how can it be yours? because you wrote it down? give me a break!
i still don't understand how anyone can 'own' the unmentionable 'dear jane', made of blocks from the 1800's by a long-dead lady.
if i come out of the ladies' room with my skirt stuck into the back of my panties, can i copyright? 'cause you know that it'll happen to someone else soon.
(not a pretty picture, though)
i still don't understand how anyone can 'own' the unmentionable 'dear jane', made of blocks from the 1800's by a long-dead lady.
if i come out of the ladies' room with my skirt stuck into the back of my panties, can i copyright? 'cause you know that it'll happen to someone else soon.
(not a pretty picture, though)
05-05-2010, 10:06 PM
#58
Super Member
Join Date: Nov 2009
Location: TX
Posts: 1,243
[quote=butterflywing]if it's old, if people have been doing it before you came along, how can it be yours? because you wrote it down? give me a break!
i still don't understand how anyone can 'own' the unmentionable 'dear jane', made of blocks from the 1800's by a long-dead lady.[quote]
The DJ quilt, as with all old/vintage/antique quilts, is owned by someone, maybe a museum, possibly a person.
So they have the rights to it that way.
But the instructions for reproducing the old blocks and the old quilt are copyrighted by the person who wrote them out, even though it comes decades/centuries later.
I suspect more than one person can make up instructions on how to reproduce something that is already old, and both be within their rights to copyright THEIR set of instructions.
You are right, it is very complicated!
i still don't understand how anyone can 'own' the unmentionable 'dear jane', made of blocks from the 1800's by a long-dead lady.[quote]
The DJ quilt, as with all old/vintage/antique quilts, is owned by someone, maybe a museum, possibly a person.
So they have the rights to it that way.
But the instructions for reproducing the old blocks and the old quilt are copyrighted by the person who wrote them out, even though it comes decades/centuries later.
I suspect more than one person can make up instructions on how to reproduce something that is already old, and both be within their rights to copyright THEIR set of instructions.
You are right, it is very complicated!
05-05-2010, 11:58 PM
#59
Administrator
Join Date: Nov 2006
Location: Southeast Georgia, USA
Posts: 9,118
Originally Posted by butterflywing
i still don't understand how anyone can 'own' the unmentionable 'dear jane', made of blocks from the 1800's by a long-dead lady.
(not a pretty picture, though)
(not a pretty picture, though)
there are fabrics licensed under the trademark. the print designs for those fabrics are protected.
the books, software, and other associated commercial products are protected by either trademark, copyright, patent or some combination thereof.
you can make your own replica of Jane Stickle's quilt without buying any of the commercially available products.
however, i don't think many of us would even know the quilt existed without the research and resulting efforts that went into the book and follow-on products. it's also a giant pain in the butt to draft replica blocks. the book and software are reasonably priced. they make it much easier to recreate the quilt. give the author her "props". she is not a villain.
05-06-2010, 10:38 AM
#60
Super Member
Join Date: Jan 2008
Location: currently central new jersey
Posts: 8,623
okay then, got that. now, if i look at the pictures of the blocks and i decide to call it dear janet, and i write instructions my own way, is that allowed, then? or is that still infringement? can i be successfully sued if the instructions are different? does she own the rights to the pictures? not that i'm doing it. just trying to understand the fine points.
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