Copyright laws regarding quilts
08-24-2010, 02:52 PM
#1
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This is in replay to an earlier conversation about copyrighting. The article I was looking for is in American Quilter (AQS), Fall of 2006. 'Copyright Meets Quilter'. An interesting article about using patterns and showing quilts.
I think this is an issue that will always have questions around it. Best answer is to always ask permmission first. On the publishers page in the front of all my magazines is a small statement that gives permission to use the patterns for personal use only and NO reproduction for resale or manufacture is allowed. The article does say entering a 'small local show might fall within the implied permissions granted by a published pattern'. I think a problem might arise if you enter a big show that has a big money award.
I think this is an issue that will always have questions around it. Best answer is to always ask permmission first. On the publishers page in the front of all my magazines is a small statement that gives permission to use the patterns for personal use only and NO reproduction for resale or manufacture is allowed. The article does say entering a 'small local show might fall within the implied permissions granted by a published pattern'. I think a problem might arise if you enter a big show that has a big money award.
08-24-2010, 03:40 PM
#2
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People who quilt only to make award winning quilts know the rules of the business of winning nationally. The rest of us quilters (the ones that keeps the quilt market a billion dollar industry) should follow the no stealing for profit or recognition and chill.
08-24-2010, 04:20 PM
#3
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Originally Posted by BellaBoo
People who quilt only to make award winning quilts know the rules of the business of winning nationally. The rest of us quilters (the ones that keeps the quilt market a billion dollar industry) should follow the no stealing for profit or recognition and chill.
That's a good way to put it.
08-24-2010, 04:27 PM
#4
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Consult a lawyer who specializes in Intellectual Law. Anybody can say anything on the web (no one checks for truthfulness on the web, there is no oversight), so I would not trust that info. unless you really trusted the source of the info. I still think it is best to consult a lawyer. I know the legal profession gets kicked around alot, but they do know the law. Just a thought. And no, I am not a lawyer and no one in my family is.
08-24-2010, 04:45 PM
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Originally Posted by BellaBoo
People who quilt only to make award winning quilts know the rules of the business of winning nationally. The rest of us quilters (the ones that keeps the quilt market a billion dollar industry) should follow the no stealing for profit or recognition and chill.
08-24-2010, 04:54 PM
#6
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Originally Posted by Luv Quilts and Cats
Consult a lawyer who specializes in Intellectual Law. Anybody can say anything on the web (no one checks for truthfulness on the web, there is no oversight), so I would not trust that info. unless you really trusted the source of the info. I still think it is best to consult a lawyer. I know the legal profession gets kicked around alot, but they do know the law. Just a thought. And no, I am not a lawyer and no one in my family is.
08-24-2010, 06:54 PM
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This is from another Board regarding Copyright. I think it would also apply to quilting patterns. Hope this helps.
Question via email to the U.S. Copyright Office:
I want to sell a knitting pattern I wrote complete with step-by-step instructions and a photo of the finished project. I understand that my written work and photo cannot be reproduced or distributed without my consent. My question regards the finished product produced by the individual who made it using my pattern: Do I have any claim to what is done with that finished product such as how it can be used or if it can be sold for profit?
Response via email from the U.S. Copyright Office:
Copyright in a pattern normally pertains to the pattern itself, not to the object that you construct from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work you make, then you may need permission to use it commercially. An example of that would be a needlework pattern depicting original artwork. An example of the opposite would be a dress pattern: the dress you make from the pattern is not subject to copyright protection.
*********************************************
U.S. Copyright Office
Library of Congress
101 Independence Ave SE
Washington DC 20559
(202) 707-3000
www.copyright.gov
Question via email to the U.S. Copyright Office:
I want to sell a knitting pattern I wrote complete with step-by-step instructions and a photo of the finished project. I understand that my written work and photo cannot be reproduced or distributed without my consent. My question regards the finished product produced by the individual who made it using my pattern: Do I have any claim to what is done with that finished product such as how it can be used or if it can be sold for profit?
Response via email from the U.S. Copyright Office:
Copyright in a pattern normally pertains to the pattern itself, not to the object that you construct from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work you make, then you may need permission to use it commercially. An example of that would be a needlework pattern depicting original artwork. An example of the opposite would be a dress pattern: the dress you make from the pattern is not subject to copyright protection.
*********************************************
U.S. Copyright Office
Library of Congress
101 Independence Ave SE
Washington DC 20559
(202) 707-3000
www.copyright.gov
08-24-2010, 07:15 PM
#10
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I've been following all the copyright discussions with interest. There is one question that comes to mind which I don't think has been discussed. What about technique?
Take for example, bargello quilts, since I see that many of us are making quilts of this kind. I got into these things some ten years ago, and used a book by Marilyn Dohenny as my guide, though what I produced didn't look much like any of her examples. I just had to mess with it. *g*
Now there are tons of bargello books out there. So if any of us who are working with this form want to show or sell our quilts, is this a copyright violation? And of whom would we ask permission? Every bargello book author out there?
Or what about watercolor quilts? Remember those? How many people wrote books on how to make those?
I'm sure there are many other methods which do not involve actual patterns to which this question would apply. What say the rest of you?
Take for example, bargello quilts, since I see that many of us are making quilts of this kind. I got into these things some ten years ago, and used a book by Marilyn Dohenny as my guide, though what I produced didn't look much like any of her examples. I just had to mess with it. *g*
Now there are tons of bargello books out there. So if any of us who are working with this form want to show or sell our quilts, is this a copyright violation? And of whom would we ask permission? Every bargello book author out there?
Or what about watercolor quilts? Remember those? How many people wrote books on how to make those?
I'm sure there are many other methods which do not involve actual patterns to which this question would apply. What say the rest of you?
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