An Artist's Rights
02-17-2015, 01:00 PM
#11
Senior Member
Join Date: Jul 2012
Location: Kaua`i
Posts: 616
Mahalo Ghostrider! Your explanation about American copyright is spot on from everything I've read/researched.
Whether what you call a 'knock off' is copyright infringement or not depends partly on what form the original took. Under US copyright law, the design aspect of 'functional' items such as clothing and quilts is difficult, if not impossible, to copyright. The written pattern, yes, as you said, along with any original photos, drawings or art work included. A significant exception is art quilts. They are not considered functional for copyright purposes so their design aspect is more easily protected.
Readers should be made aware that the Bissett article that was posted is talking about Canadian Copyright Law and it was written by a Canadian designer, someone who has a very personal financial interest in what you are told about copyrights. There are notable differences between the Canadian and US laws, the non-covered design aspect of functional items being just one. Another is that, in the US, you do need to have your copyright registered in order to bring suit for infringement, and it needs to be registered before the infringement occurs.
The Bissett article was the first time I have ever seen mention of sharing prize money with the designer if your commercial pattern quilt entry wins at a show. I've been copyright savvy for a long time and that struck me as pretty presumptuous, even for a designer. Most major shows now ask for the pattern name and designer on the entry form if you used a commercial pattern and some require the designer's written permission (though many designers themselves are calling this requirement unreasonable and unnecessary), but the show folks make no mention at all of having to share any resulting prize money. And that is NOT something they would drop on you only after the fact. The designer gets their name and pattern mentioned on the shown quilt's info card which is marvelous free advertising for them. In small shows and others where designer info is not requested, it is always proper to mention it on your own in the quilt description.
Do some research. There are more and more sources of information available that address how copyright law impacts quilting in particular now that quilting is such a big business and has spawned so many small businesses.
Readers should be made aware that the Bissett article that was posted is talking about Canadian Copyright Law and it was written by a Canadian designer, someone who has a very personal financial interest in what you are told about copyrights. There are notable differences between the Canadian and US laws, the non-covered design aspect of functional items being just one. Another is that, in the US, you do need to have your copyright registered in order to bring suit for infringement, and it needs to be registered before the infringement occurs.
The Bissett article was the first time I have ever seen mention of sharing prize money with the designer if your commercial pattern quilt entry wins at a show. I've been copyright savvy for a long time and that struck me as pretty presumptuous, even for a designer. Most major shows now ask for the pattern name and designer on the entry form if you used a commercial pattern and some require the designer's written permission (though many designers themselves are calling this requirement unreasonable and unnecessary), but the show folks make no mention at all of having to share any resulting prize money. And that is NOT something they would drop on you only after the fact. The designer gets their name and pattern mentioned on the shown quilt's info card which is marvelous free advertising for them. In small shows and others where designer info is not requested, it is always proper to mention it on your own in the quilt description.
Do some research. There are more and more sources of information available that address how copyright law impacts quilting in particular now that quilting is such a big business and has spawned so many small businesses.
02-17-2015, 01:37 PM
#12
Power Poster
Join Date: Mar 2011
Location: western NY formerly MN, FL, NC, SC
Posts: 51,430
One point that was addressed in the original copyright thread is ownership of pictures. Pictures from someone else's site belong to them. When you copy that picture and post it here, that is a violation of their copy right. If you took the picture yourself, or a friend gives you permission, it can be posted here. If you want to show someone else's picture here, you should use a link to their site. If you save a picture that you found on the internet, it is best to save the information about where you found it. Social media 'shares' pictures through links to the original site. Pictures are not posted to Pinterest... when you pin them, they appear via link to the original site.
02-17-2015, 01:40 PM
#13
Senior Member
Join Date: Dec 2006
Location: Bay area CA
Posts: 887
Pretty much from Day 1 Patrice has kept the board fairly clean with rules about sharing patterns, descriptions, etc. Where we might be treading on the slippery slope is displays of our quilts. Most often a member will quote the name of the quilt (if they remember) but nothing about who designed it when they post a picture of their work complete or whip. I like the standards being taken by the board in they are not onerous or restricting to the sharing of our work. Would it be nice if every person attributed the design to whomever inspired them? Yes but even that is extremely hard to do. Took a picture at the Pan-Pacific Show in Santa Clara. Three months later I design a quilt based on what I like about that quilt. Did I steal their design? No. Steal their pattern? No. Steal their color pallet? No. I saw a relationship in their work and I expanded upon it. And what was the artists name? Not a clue. We go to shows to be inspired by the greats, whether it's quilting, photography, sculpture, etc... Tough little line you've drawn here... tim in san jose
02-17-2015, 02:18 PM
#15
Super Member
Join Date: Jan 2009
Posts: 4,688
Some other websites with quilt specific copyright info.<o
></o>
http://www.saqa.com/resources.php?ID=2282
http://www.bravelittlechicken.com/quilting-and-the-law-series (this is the ‘index’ for the copyright series, one piece of which was already posted above and on the 'sticky' thread)
http://www.equilters.com/library/quilt_issues/quilt_copyright2.html
http://qgotv.org/files/Copyright_Article.pdf
></o>http://www.saqa.com/resources.php?ID=2282
http://www.bravelittlechicken.com/quilting-and-the-law-series (this is the ‘index’ for the copyright series, one piece of which was already posted above and on the 'sticky' thread)
http://www.equilters.com/library/quilt_issues/quilt_copyright2.html
http://qgotv.org/files/Copyright_Article.pdf
02-17-2015, 05:18 PM
#17
Senior Member
Join Date: Mar 2011
Location: Frederick, MD
Posts: 319
still confused about this all. if you buy a book that has patterns and instructions it almost seems like you are considered a criminal the minute you decide to follow the instructions and make a block. I definitely support a person's right to say they invented an original design that would be obvious if copied and sold by others or orthers claim it is original by them. I would never do that on purpose but i also dont sell my work or even show it so maybe i am not as sensitive as others have been and would hate to be accused of stealing someones hard work. So back to the beginning -- I'm now too scared to try to use a pattern book. Maybe I'll just stick to traditional stuff on public domain
02-17-2015, 05:36 PM
#18
Super Member
Join Date: Jun 2012
Location: North Texas formerly The Burgh
Posts: 3,392
Ok.....think about this.... i have a book....1001 quilt blocks.....NO WHERE in that book does it note who "designed" each block that is depicted in that book.......so by the original message the publisher of that book should be in jail??? There is very little that is new under the sun....knowing where a block pattern originated would take a crystal ball. So if i spend 3 years making a Dear Jane - my own fabric, my own colors, my own work in every way....are you telling me I can't sell it to someone ????
02-17-2015, 06:41 PM
#19
Super Member
Join Date: May 2011
Location: Pacific NW
Posts: 9,490
02-17-2015, 06:46 PM
#20
Super Member
Join Date: May 2011
Location: Pacific NW
Posts: 9,490
You missed a big part of the discussion. The copyright covers the instructions on how to make the blocks. You can't copy and distribute someone else's instructions. However, you can write up your own instructions on how to make a block.
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