I based a quilt on a photo.....Copyright question
#21
Super Member
Join Date: Dec 2010
Location: Chula Vista CA
Posts: 7,402
I have never seen any real reason to worry about a copyright when making a quilt. But then I don't make them for commercial purpose. Mine are made for family and friends. I have used MLB, NFL, Disney, Marvel and a lot of fabrics with copyright notations on them. If they didn't want us to use the fabric then they shouldn't manufacture it. And if I can figure out the pattern I see then it must be a pretty basic design. Sometimes I even think I design my own and have never looked to see if someone else thought of it first. I was at a craft fair the other day and saw a lady selling Disney designed earrings and pins - thought about asking if she paid for the right to use them but didn't. I am not a copyright police, or quilt police - just a happy quilter that enjoys looking at what other people can create.
#22
Member
Join Date: Sep 2010
Location: Plato, MO
Posts: 40
OK, I haven't seen this question yet - what was it a picture of? Something unique? Or just a nice picture of something we might find when we are out and about? Will someone actually recognize the photo/painting from your quilt? Your said it was based on a photo of a painting...no offense, but I have seen so many movies that were based on a book, but if you actually read the book you wouldn't find any correlation.
#23
If I did a good enough job and someone knows the painting, they will recognize it.
Now, I'm totally confused. Because it's a painting and not a purchased pattern, I can't show it here without permission?
Watson
Now, I'm totally confused. Because it's a painting and not a purchased pattern, I can't show it here without permission?
Watson
#24
#27
Dunster is not correct in this instance. Please refer to the Quilting Lawyer, expert in knowledge of copyright. You are assuming that all "work", "designs" are automatically copyrighted.....that is not the case. A "copyright owner" in relations to quilts and clothing is not valid. A copyright owner of a widget used in manufacturing would be protected. You do not have to get permission to exhibit a quilt made from a pattern that was purchased.
#29
copyright laws are written in such a way they can be [without nefarious intent] interpreted [or misinterpreted] ad nauseam.
one law + 50 quilters + as few as 2 lawyers = 1,572,645 opinions.
add one judge ( and possibly + one jury) and the possibilities cannot be calculated by anybody without Phds in Math, Physics, and Theology.
For quilters, I think it boils down to a few essential questions that can easily be answered:
- Is it already in the Public Domain? (having been posted to the internet does not automatically toss something into the Public Domain.)
- If it is not in the Public Domain, did I design it myself?
- In the case of patterns - whether free or purchased - did I write, illustrate or publish the pattern myself? (patterns based on blocks in the Public Domain are still protected by copyright law. The author and/or publisher spent time and money creating, printing and distributing the pattern.) I can legally and ethically make my own quilt without using that pattern based on blocks in the Public Domain. What i cannot do - either legally or ethically - is use a "bootleg" copy of that pattern or give somebody else a "bootleg" copy of it.
- Will my chosen action(s) interfere with the creator's ability to generate income from the pattern?
If you really can't figure out what's legal, chicken out and walk away.
If you don't know what's legal but you do know what's right/fair/ethical, then do what is right, fair, and ethical.
If you don't know right from wrong, or don't care then you are a lost cause on many levels.
one law + 50 quilters + as few as 2 lawyers = 1,572,645 opinions.
add one judge ( and possibly + one jury) and the possibilities cannot be calculated by anybody without Phds in Math, Physics, and Theology.
For quilters, I think it boils down to a few essential questions that can easily be answered:
- Is it already in the Public Domain? (having been posted to the internet does not automatically toss something into the Public Domain.)
- If it is not in the Public Domain, did I design it myself?
- In the case of patterns - whether free or purchased - did I write, illustrate or publish the pattern myself? (patterns based on blocks in the Public Domain are still protected by copyright law. The author and/or publisher spent time and money creating, printing and distributing the pattern.) I can legally and ethically make my own quilt without using that pattern based on blocks in the Public Domain. What i cannot do - either legally or ethically - is use a "bootleg" copy of that pattern or give somebody else a "bootleg" copy of it.
- Will my chosen action(s) interfere with the creator's ability to generate income from the pattern?
If you really can't figure out what's legal, chicken out and walk away.
If you don't know what's legal but you do know what's right/fair/ethical, then do what is right, fair, and ethical.
If you don't know right from wrong, or don't care then you are a lost cause on many levels.
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#30
Super Member
Join Date: Aug 2018
Location: Greater Peoria, IL -- just moved!
Posts: 6,168
If you really can't figure out what's legal, chicken out and walk away.
If you don't know what's legal but you do know what's right/fair/ethical, then do what is right, fair, and ethical.
If you don't know right from wrong, or don't care then you are a lost cause on many levels.
If you don't know what's legal but you do know what's right/fair/ethical, then do what is right, fair, and ethical.
If you don't know right from wrong, or don't care then you are a lost cause on many levels.
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