galvestonangel

I had this problem one time. I tried to buy a pattern I wanted but no one had it. It sounded as if it was out of print. I made the quilt from the catalog picture, I used different fabric/color. About a year later the pattern started showing up again. I felt a little guilty. After thinking about it, I decided, If you are not selling, I think it is okay to copy if you have the ability. There are so many free quilt patterns out there now. I would buy a pattern if it was unique. Actually I have bought a lot of patterns and books, they rival my stash.

Some of the off the rack clothes are copies of designer clothes and it seems to be an accepted practice. What's the difference?

Schnookie

"original" what makes a design original in the first place. I don't think I have ever seen a quilt that wasn't made up of blocks from the past...The only block to me that might even be considered original would be a appliqué that the designer drew the subject from her own mind... or a paper pieced block done the same way. Take a look at the Civil War quilt made by Jane A. Stickle of Vermont. She finished the quilt in 1863 and it has over 200 blocks in it if I can remember right...they are all different, but yet you see these blocks all the time in quilts. Is it arrangement considered original then?

bearisgray

A good example of an original quilt is this one:

http://www.quiltingboard.com/t-46363-1.htm

weezie

COPYRIGHT INFORMATION: If your quilt was made from a commercial book or pattern, or from a pattern found in a magazine, you MUST also include a copy of the designer's permission for you to sell your quilt.

You cannot profit from someone else's work unless you have his or her permission. When you purchase a pattern, it's understood that you will be making the quilt for your personal use. However, if you are then going to sell the quilt, you will be profiting from the designer's work. You cannot do this unless you have WRITTEN permission from the designer.

I have copied the above information; there is more regarding public domain quilt blocks: specific design elements, color, fabric, scale, measurements ... if you have followed a designer's directions to make the quilt, then you must receive written permission before you sell the quilt. It also states that any small variations or color scheme changes to the pattern do not release you from the copyright ... you will still need the designer's written permission to sell the quilt. Same rules apply to quilts displayed at shows and exhibits. You cannot use a photo of a quilt to create your own quilt and then sell it.

While I have only one page of copyright info., nowhere does it say we can't copy a catalog photo of a kit and keep the resulting quilt for ourselves, nor does it say we cannot give the quilts away ... it only refers to selling quilts. I'm assuming that if I give a quilt to someone, they can't sell it either without the designer's written permission, but I don't know ... it doesn't say.

walen

The copyright applies to the pattern and to the instructions, not to the quilt that you make from the pattern. This means that you cannot claim that the pattern is yours, sell the pattern, or enter the pattern in a quilt show as your original design.

Some blocks and quilt designs are part of quilting culture and belong to everyone. Others are original to a specific designer, copyrighted or not.

If someone has taken the time to apply for a copyright, then they can sue for damages, if you publish or claim their pattern as your own. If it isn't copyrighted, then it becomes a matter of personal ethics, plagiarism, and not a legal issue.

When someone else's idea sparks creativity in you and you make it your own, then the resulting pattern is yours. Typically changing about 25% of a pattern is considered to be enough change to make the pattern new and yours. In this case, someone should not be able to look at your new pattern and say, "This quilt pattern is exactly like so and so's quilt pattern." If you have any doubt about the significance of your changes, use the inspired by .... on your new quilt pattern.

In my opinion, the answer to the original question before us is not about buying the kit; one cannot copyright what fabric must be used in a quilt pattern. The question is about the pattern, and the solution remains in examining the quilter's intent.

Does the quilter intend to copy the pattern or is this pattern a source of inspiration? The answer to this question is the answer to the question, "Should I buy the pattern."

I hope this makes sense to all who are worried.

zz-pd

I think if you no the pattern, and how to make it. I would not buy it. God bless. Penny

Olivia's Grammy

After all the pages of this thread. I'm afraid to buy another pattern. I haven't sold my quilts, yet, I usually give them away. But if I wanted to sell a quilt, is there a quilt police checking every quilt ever sold? I understand it's an ethical question, but it sure is taking the fun out of quilting and replacing it with fear. When a LQS makes a quilt for a sample and then later sells it, do they have to have to asked the designer? Who has this kind of time? Find the designer's address, write the designer, wait for the answer. In the mean time has the buyer changed their mind? How much of the quilt design can you change, the color, size, quilting design stitches? I could not make something exactly the same if I tried nor would I want to.

weezie

The copyright info. that I quoted on page 5 of this thread was included in my Keepsake Quilting Gold Club membership package, so anyone who disagrees with it could discuss it with Keepsake Quilting.

My theory is that if you do not buy/use a pattern, but copy all or part of a quilt or kit from a magazine or catalog, it would be very difficult for anyone to prove that you did that and hard to imagine that anyone would bother to try. Frankly, I don't worry about it because I don't sell quilts or patterns, but if I were selling quilts, I would want to stay within the law.

BarbieQ

I've been reading this thread about using patterns and selling them. If the designer didn't want you to copy, use, sell or giveaway their patterns why would they put them in a magazine that you purchased for 6 or 7 dollars. Most of my work has been through these articles.Enough siad , let's move on

fladack

I like this idea, just put inspired by: on the label.