WHEW!!! More questions than answers. I will have to call my cousin, the corporate lawyer... you know, the smart one. I got all the good looks...
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I've certainly shared patterns with individual quilters, especially if they are old - the patterns that is not the quilters!! No money changes hands, and credit is always given to the originator.
In a lot of cases, a "pattern" is not original - its made up of well known blocks - the particular layout or the colours chosen are what makes it unique, and this can be an inspiration to others. I don't know who owns the "copyright" for say the nine patch or Jacobs Ladder or Ohio Star or any other well known block. In terms of actual quilting, we all copy and use feathers, scrolls, flowers, stars, leaves etc, and nobody ever thinks of a breach of copyright. If you go to a website like QuiltersCache, some of the block patters are marked as "original" and the user is asked to respect that - ie don't pass it off as your own, and try and make money out of it. Just my thoughts on the issue - haven't taken legal advice or anything!! |
I know from looking at embroidery designs on the net that some Companies out there put up design for sell and it says they are copyrighted ...... Well, a lot of them were taken from FREE clipart and claimed. I saw two or three on one site that I reconized, so I went back and checked my FREE Clip Art that I bought and paid for, and there the designs were, exact dups.
I also digitized some of the designs that I have in my stash and intend to use them as I see fit. Most of mine I use on my quilts or quilts for others. If they want to claim copyright, they need to DRAW a design/pattern themselves. Most quilt patterns have been around for so many years that no one know where they came from. Anyway..... Syl |
I have had users here suggest copying a pattern that I'm looking for. I would never want to offend someone, but I always decline.
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Oh my gosh, I just asked someone on here if I could make a small quilt like hers. I meant with the same concept not the same exact quilt. Am I in trouble?
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It's not okay to copy a pattern without consent and usually the owner consents to personal use and in some cases to charity groups to duplicate or use their pattern.
And give credit where it's required. Post the link where you got the pattern from, give due credit as respect. Before copying or duplicating any pattern, one must read the disclosure/rules requested by the copyright. |
Originally Posted by MyWifeMadeME
WHEW!!! More questions than answers. I will have to call my cousin, the corporate lawyer... you know, the smart one. I got all the good looks...
My nephew is also a corporate lawyer up north. I will have to run it by him also. Syl |
Originally Posted by Buckeye Rose
Originally Posted by Ramona Byrd
If it is copyrighted it is intellectual that the owner should be compensated for by each user. Comments?
The copywriter gets the money from the buyer who pays for the pattern. It then belongs to the buyer, but s/he can not SELL this actual pattern or a copy, but I think can give it or loan it to others. The resulting quilt I think can put it up for raffle or sale for charity, but the selling of the quilt, well, we've had a lot of comments on that, probably is okay, and from what I've gleaned from all the fall-out, making a quilt from that pattern for a client might be legal. Making a quilt from this pattern for gifting, I'm sure won't make any pattern maker rush to a lawyer. If I'm not correct, please comment on this. This is my understanding of the law. |
I follow this:
Do not copy a pattern to give or sell. Do not claim a design or pattern of another as your own. Anything other then that are rules the designer or publishing co want you to follow. Rules are not a legal matter. The rules are always listed right under the copyright law making it appear as part of the copyright. It's legal to show how a pattern is made (tutorial) but not copy any text or image from the original pattern. Neighbor's law firm represents a big craft/pattern publishing company. |
Originally Posted by Ramona Byrd
Quilts aren't clones, (Walmart quilts excepted) I don't think anyone can or would want to make clones of their quilts, except perhaps in the case of making them for twins, and even then there should be some small difference to set them apart.
I notice that many of the "new" designs have several of the old patterns in them but the designer is taking credit. |
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