Go Back  Quiltingboard Forums >
  • Main
  • Ethical question? >
  • Ethical question?

  • Ethical question?

    Thread Tools
     
    Old 01-27-2013, 09:47 AM
      #1  
    Member
    Thread Starter
     
    Join Date: Apr 2012
    Location: Muskoka, Ontario, Canada
    Posts: 5
    Default Ethical question?

    I recently saw a quilt that really sparked an inspiration. The quilt is part regular piecing, part paper piecing. Although the paper piecing portions are very nice I would like to do the quilt with raw edge applique and use different designs in those blocks. I figure the quilt would be about 50% original layout and 50% my design.

    My dilemna is ... should I buy the pattern? If it was just $10 I probably would not even hesitate and just never open it, but its pricey at $25 and its very, very detailed as it includes patterns for all the paper-piecing which I would never use. The basic layout is 5 large HST (16") with paper-piecing in one half of the triangle - that's where I would applique and 3 nine-patch blocks (16") and one blank block.

    This is not a copyright issue, I have no intention of selling my version as a pattern. I would be creating a quilt to be auctioned at a fundraiser.

    I feel like I would be paying $25 for a simple arrangement of 9 blocks of HST & 9-patch. But I feel conflicted since the pattern designer's hard work obviously inspired me to take the quilt in a different direction.

    Thank you for any input.
    Mo
    rdy1tk2 is offline  
    Old 01-27-2013, 09:52 AM
      #2  
    Super Member
     
    Join Date: Apr 2010
    Location: Illinois
    Posts: 9,312
    Default

    I draft alot of my own patterns that I have gotten inspiration from quilts I have seen. I drafted it , so I feel no obligation to purchase a pattern. If that was the case ... it would be a long and hard search to find the originator of the log cabin block.. as there are so many patterns out there that "got inspiration" from the original. Same goes for nine patch .. the list goes on.
    Lori S is offline  
    Old 01-27-2013, 10:08 AM
      #3  
    Power Poster
     
    dunster's Avatar
     
    Join Date: Mar 2009
    Location: Lake Elsinore, CA
    Posts: 15,188
    Default

    It sounds to me like the parts of the design that you wish to "copy" (or incorporate into your design) are not original elements. IMHO, using this quilt as inspiration is not unethical. We all use other quilts for inspiration. It would be a different matter if you were going to copy an original design.
    dunster is offline  
    Old 01-27-2013, 10:10 AM
      #4  
    Power Poster
     
    Join Date: Feb 2009
    Location: Northern Michigan
    Posts: 12,861
    Default

    inspiration comes from everywhere- without guilt! if you have no intention or need of using the pattern there is no reason to purchase the pattern- make your quilt as you envision your quilt- it is not an ethical/non ethical situation. you do not plan to copy her quilt- so- carry on. crossing that line comes into play when you see a quilt somewhere- take pictures of it then go buy the fabrics & copy it- making one just like it...it does not sound as if that is your plan at all.
    ckcowl is offline  
    Old 01-27-2013, 10:14 AM
      #5  
    Super Member
     
    DogHouseMom's Avatar
     
    Join Date: Jan 2011
    Location: Knot Merrill, Southern Indiana
    Posts: 5,781
    Default

    I agree with the others ... no need to buy the pattern unless there are elements in it that you want to use, that you cannot recreate. So many blocks are "common domain". If you know how to make the block she used in the pattern (not the PP part) then use that block and design your own quilt.
    DogHouseMom is offline  
    Old 01-27-2013, 10:15 AM
      #6  
    Super Member
     
    ArtsyOne's Avatar
     
    Join Date: Sep 2011
    Location: Canadian in Minnesota
    Posts: 3,078
    Default

    We all use other quilts for inspiration, and you shouldn't feel guilty. Think of it as a compliment to the original designer. My avatar received its color inspiration from a quilt I saw online that had a totally different pattern. I decided on the checkerboard border because I saw one on a beautiful appliqued quilt done in autumn colors. I decided on the stars when I saw a lovely christmas table runner. As long as you aren't making an exact copy, selling it and claiming it as your own, you are just fine.
    ArtsyOne is offline  
    Old 01-27-2013, 10:18 AM
      #7  
    Super Member
     
    azwendyg's Avatar
     
    Join Date: Jun 2010
    Location: Flagstaff, AZ
    Posts: 2,078
    Default

    Originally Posted by dunster
    It sounds to me like the parts of the design that you wish to "copy" (or incorporate into your design) are not original elements. IMHO, using this quilt as inspiration is not unethical. We all use other quilts for inspiration. It would be a different matter if you were going to copy an original design.
    Ditto for me. If I want to use someone's original design element, I'll buy the pattern, but if I'm just using a layout of traditional shapes or blocks and adding my own original elements, then I consider it "my" design. If it's close to someone else's design that I have seen, I'll state "inspired by..."
    azwendyg is offline  
    Old 01-27-2013, 10:18 AM
      #8  
    Super Member
     
    Join Date: Oct 2009
    Location: Maine-ly Florida
    Posts: 3,920
    Default

    Would someone look at it and say that's Susie Designer's work right away?
    lots2do is offline  
    Old 01-27-2013, 10:19 AM
      #9  
    Super Member
     
    starshine's Avatar
     
    Join Date: Aug 2010
    Location: Ohio
    Posts: 2,884
    Default

    I agree, if you aren't making the exact same pattern it isn't infringement.
    starshine is offline  
    Old 01-27-2013, 02:56 PM
      #10  
    Super Member
     
    Join Date: Aug 2010
    Location: Piedmont Virginia in the Foothills of the Blue Ridge Mtns.
    Posts: 8,562
    Default

    Let's look at it this way......
    If you were in love with Jinny Beyer's MoonGlow quilt, say you saw it here, http://www.quiltingboard.com/picture...n-t211614.html, and knew you could draft it and make it yourself without a pattern, and you wanted to enter it for winning into a judged show where there was a monetary prize for winners, would you/could you do that without problems? I doubt it.

    Say you made a Judy Niemeyer paper-pieced quilt that your local quilt shop had sold the pattern for and offered many classes in, but you’d chosen all your own colors and pieced it all without using papers and even changed up the center and borders on your own. Could you sell that quilt or teach it independently without requiring your student to buy the pattern from Niemeyer? I believe the answer is no.

    The law that I have read on the government site http://www.copyright.gov/title17/92chap13.html#1301 says:
    [h=2]§ 1301. Designs protected[SUP]2[/SUP][/h](1) In general. — The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.
    (2) A design is “original” if it is the result of the designer's creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source.
    [h=2]1308. Exclusive rights[/h]The owner of a design protected under this chapter has the exclusive right to —
    (1) make, have made, or import, for sale or for use in trade, any useful article embodying that design; and
    (2) sell or distribute for sale or for use in trade any useful article embodying that design.

    This why I design my own patterns and don't use for inspirations those designs that are well known, easily recognized, or seem to come from well known quilters. It's just plain safer and smarter, and certainly more respectful of the designer.

    "It's not a matter of right or wrong, but what is the wise thing to do."

    Jan in VA
    Jan in VA is offline  
    Related Topics
    Thread
    Thread Starter
    Forum
    Replies
    Last Post
    ladybug45
    Main
    14
    08-01-2010 11:36 AM
    bearisgray
    General Chit-Chat (non-quilting talk)
    5
    05-31-2010 09:49 PM
    JNCT14
    Main
    95
    05-31-2010 10:43 AM
    tkmg23
    Main
    5
    09-12-2008 01:29 PM

    Posting Rules
    You may not post new threads
    You may not post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is On
    Trackbacks are Off
    Pingbacks are Off
    Refbacks are Off



    FREE Quilting Newsletter