Copywrite and Use of Quilt Patterns
10-18-2015, 11:46 AM
#11
Super Member
Join Date: Jul 2014
Location: Illinois
Posts: 2,140
Sherry,
Thank you SOOOO much for posting this information. I know there is that one site out there that insists that copyright doesn't exist with quilts/quilt patterns. It's really frustrating. Unfortunately, anyone can post to the web -- criminals, people who are mentally ill & people who are patently wrong. Before trusting a site on the web, we need to look at the source & check it against sites we know to be reputable -- like the US Patent & Trade Office or sites hosted by reputable universities like the Art Law site hosted by Georgetown University. Or if so inclined, read the actual case law that some random site claims supports their assertions. Here's the full text of the Universal Copyright Code, the international law that protects works of art (including applied art, like most quilts) for anyone interested:
http://www.ilp.gov.la/Database/PDF/I.26.1.pdf
It is true that unless the holder of the copyright has registered their design with the USPTO (or a similar organization in another country), the copyright is not enforceable. However, designers can register a copyright at any time & then proceed with the copyright infringement case once it's granted.
Patterns are almost always covered by copyright law. Owners of a pattern are not permitted to copy the pattern itself (or significant parts of the pattern -- especially illustrations) without the permission of the copyright holder. See page 2-3 of this document for more information: http://www.copyright.gov/circs/circ40.pdf
At only $45/pattern (considered "technical drawings" by the USPTO), I plan to apply for design patents for all my designs with the USPTO within the initial 3-month period. Once a designer has the patent, s/he can absolutely defend her IP in court (if you wait beyond the initial 3 months, you pay a penalty, but can still get the patent). The quilts themselves do not need to be registered within a specific time frame. If someone is reproducing an original quilt design, I can register that at any time without penalty & once granted, I can pursue an infringement case.
What I am not allowed to copyright/patent is the quilt itself. I can hold a copyright/design patent on the design created by applique/piecing. I cannot get a utility patent or copyright quilts in the generic sense (3+ layers held together by stitching). The other thing that is in question is whether a pattern maker can dictate whether the person purchasing their pattern can sell the finished product for profit (either their own profit or to benefit a charity). There have been cases on both sides of that issue & I admittedly do not understand when it's okay and when it's not so I just don't buy patterns that say "for personal use only" & would encourage others to consult an attorney. Personally, even if it's legal for me to make & sell quilts based on those patterns, it wouldn't be worth it to me to have to waste time and resources fighting an infringement case in court (even if I'm on the right side of the law). Hopefully someone else will feel differently & we will have more cases to help clarify the issue.
Design patents are granted for 14 years and are non-renewable. Copyright on design lasts for 10 years & if rights are infringed, the copyright holder must then register their design in order to file suit. Perhaps that is what the guy who posted the website was referring to. You cannot enforce a copyright unless you apply for a patent by registering your copyrighted design with the USPTO, or similar organization in another country.
Now, all of that said, the reality is that most designers are not going to spend their limited time & money going after someone who is illegally copying their patterns/designs. So unless you're copying designs from a large pattern maker, you're not likely to be sued. Nevertheless, quilts are all about LOVE. We spend countless hours lovingly making these beautiful works of functional art to wrap our loved ones & those in need in happy, cozy warmth. To me, it just doesn't seem to align with what we do as quilters to steal someone else's livelihood. If designing were quick & easy, we would all create our own patterns.
Many of us have at least once in our lifetime experienced having a boss, co-worker or classmate claim credit for work that we did. It's even worse if that person got a better grade, better review, promotion or performance bonus because of the credit they stole from us. It's not illegal for them to do that, but it's not right either. Separate from the legal question, it's not right to be copying someone else's pattern or design without their permission. If the pattern is that great, the designer deserves to be paid for each copy. If she gives permission to use the pattern for a particular charity, you can add a statement included with the pattern: "Distributed by permission of __________ for all _______ charity quilts." That way everyone knows that the designer has chosen to support the charity by providing a group license to its volunteers. There are so many wonderful, generous quilt designers out there that I just don't see the need to make a quilt based on either cheating or theft. Quilts are too precious to have that be part of their story.
Thank you SOOOO much for posting this information. I know there is that one site out there that insists that copyright doesn't exist with quilts/quilt patterns. It's really frustrating. Unfortunately, anyone can post to the web -- criminals, people who are mentally ill & people who are patently wrong. Before trusting a site on the web, we need to look at the source & check it against sites we know to be reputable -- like the US Patent & Trade Office or sites hosted by reputable universities like the Art Law site hosted by Georgetown University. Or if so inclined, read the actual case law that some random site claims supports their assertions. Here's the full text of the Universal Copyright Code, the international law that protects works of art (including applied art, like most quilts) for anyone interested:
http://www.ilp.gov.la/Database/PDF/I.26.1.pdf
It is true that unless the holder of the copyright has registered their design with the USPTO (or a similar organization in another country), the copyright is not enforceable. However, designers can register a copyright at any time & then proceed with the copyright infringement case once it's granted.
Patterns are almost always covered by copyright law. Owners of a pattern are not permitted to copy the pattern itself (or significant parts of the pattern -- especially illustrations) without the permission of the copyright holder. See page 2-3 of this document for more information: http://www.copyright.gov/circs/circ40.pdf
At only $45/pattern (considered "technical drawings" by the USPTO), I plan to apply for design patents for all my designs with the USPTO within the initial 3-month period. Once a designer has the patent, s/he can absolutely defend her IP in court (if you wait beyond the initial 3 months, you pay a penalty, but can still get the patent). The quilts themselves do not need to be registered within a specific time frame. If someone is reproducing an original quilt design, I can register that at any time without penalty & once granted, I can pursue an infringement case.
What I am not allowed to copyright/patent is the quilt itself. I can hold a copyright/design patent on the design created by applique/piecing. I cannot get a utility patent or copyright quilts in the generic sense (3+ layers held together by stitching). The other thing that is in question is whether a pattern maker can dictate whether the person purchasing their pattern can sell the finished product for profit (either their own profit or to benefit a charity). There have been cases on both sides of that issue & I admittedly do not understand when it's okay and when it's not so I just don't buy patterns that say "for personal use only" & would encourage others to consult an attorney. Personally, even if it's legal for me to make & sell quilts based on those patterns, it wouldn't be worth it to me to have to waste time and resources fighting an infringement case in court (even if I'm on the right side of the law). Hopefully someone else will feel differently & we will have more cases to help clarify the issue.
Design patents are granted for 14 years and are non-renewable. Copyright on design lasts for 10 years & if rights are infringed, the copyright holder must then register their design in order to file suit. Perhaps that is what the guy who posted the website was referring to. You cannot enforce a copyright unless you apply for a patent by registering your copyrighted design with the USPTO, or similar organization in another country.
Now, all of that said, the reality is that most designers are not going to spend their limited time & money going after someone who is illegally copying their patterns/designs. So unless you're copying designs from a large pattern maker, you're not likely to be sued. Nevertheless, quilts are all about LOVE. We spend countless hours lovingly making these beautiful works of functional art to wrap our loved ones & those in need in happy, cozy warmth. To me, it just doesn't seem to align with what we do as quilters to steal someone else's livelihood. If designing were quick & easy, we would all create our own patterns.
Many of us have at least once in our lifetime experienced having a boss, co-worker or classmate claim credit for work that we did. It's even worse if that person got a better grade, better review, promotion or performance bonus because of the credit they stole from us. It's not illegal for them to do that, but it's not right either. Separate from the legal question, it's not right to be copying someone else's pattern or design without their permission. If the pattern is that great, the designer deserves to be paid for each copy. If she gives permission to use the pattern for a particular charity, you can add a statement included with the pattern: "Distributed by permission of __________ for all _______ charity quilts." That way everyone knows that the designer has chosen to support the charity by providing a group license to its volunteers. There are so many wonderful, generous quilt designers out there that I just don't see the need to make a quilt based on either cheating or theft. Quilts are too precious to have that be part of their story.
Last edited by Bree123; 10-18-2015 at 11:52 AM.
10-18-2015, 12:23 PM
#12
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Join Date: Jan 2011
Location: Southern USA
Posts: 16,278
10-18-2015, 12:27 PM
#13
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Join Date: Apr 2007
Location: North-Central Indiana
Posts: 4,909
10-18-2015, 01:55 PM
#15
Member
Thread Starter
Join Date: Apr 2011
Location: Ooltewah, TN
Posts: 47
The situation which started this discussion was someone who had an original copy of a designers pattern assumed that because she currently owned the pattern and they were making charity quilts that it was OK to make copies and distribute them to about 30 other people. The designer did not give permission for her pattern to be copied and distributed.
10-18-2015, 05:02 PM
#16
Power Poster
Join Date: Mar 2009
Location: Lake Elsinore, CA
Posts: 15,223
Sherry,
Design patents are granted for 14 years and are non-renewable. Copyright on design lasts for 10 years & if rights are infringed, the copyright holder must then register their design in order to file suit. Perhaps that is what the guy who posted the website was referring to. You cannot enforce a copyright unless you apply for a patent by registering your copyrighted design with the USPTO, or similar organization in another country.
Design patents are granted for 14 years and are non-renewable. Copyright on design lasts for 10 years & if rights are infringed, the copyright holder must then register their design in order to file suit. Perhaps that is what the guy who posted the website was referring to. You cannot enforce a copyright unless you apply for a patent by registering your copyrighted design with the USPTO, or similar organization in another country.
10-18-2015, 06:45 PM
#18
Senior Member
Join Date: Oct 2014
Posts: 390
I know there is much interpretation, controversy, and speculation on this topic, but it is my understanding that the copyright is for the pattern and not the quilt. If your quilt is for personal use and you have not illegally obtained the copyrighted pattern, there should be no problem. This is my personal opinion, but I seriously doubt a copyright holder of a pattern would go after one personal quilt. Also, I think if the quilt innocently looks like a copyrighted pattern, your conscience should be clear. After all, there has been no attempt to rob the copyright holder of the price of a pattern.
Last edited by Genden; 10-18-2015 at 06:49 PM. Reason: typo
10-19-2015, 06:08 AM
#20
Power Poster
Join Date: Jun 2011
Location: Southern California
Posts: 19,127
I do loan out a few of my patterns that I have purchased to my friends but never make a copy of anything. I do share thru e-mails the location of free pattern such as I find so often on this site. Too many quits to make and not enough time!
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