Is this okay?
#11
Super Member
Join Date: Dec 2010
Location: Chula Vista CA
Posts: 7,403
I see nothing wrong with it. Most people buy the books because they want the pattern or patterns and cannot figure it out without the book or want to remember the quilt the way they saw it. You certainly don't have to buy a book or pattern to make every quilt you like. So many that I have made were just by what I wanted to do.
Please don't worry about it. If you do decide to show it, they usually ask what was your inspiration and you can tell them. And if you decide to claim it as your own and sell it - then you will more than likely have problems.
Please don't worry about it. If you do decide to show it, they usually ask what was your inspiration and you can tell them. And if you decide to claim it as your own and sell it - then you will more than likely have problems.
#13
Power Poster
Join Date: May 2008
Location: MN
Posts: 24,666
#14
I often see quilts in books and not wanting to buy a pattern I sort of copy it. As long as you are not selling the pattern you shouldn't have any problem. I think everyone takes a little design from one or two quilts to make one of their own.
#15
I have seen quilts that I like but I usually make some change that I prefer and make it my own. I took the BQ pattern, shrunk it, set it on point and made a very lovely table runner. We who have EQ have the ability to draw any simple quilt out quickly change the size of the blocks. I don't mind buying a magazine or pattern but it really has to be something original for me to want to buy it. So many rehashed pattern out there.
#16
Super Member
Join Date: Aug 2013
Location: Florida
Posts: 5,973
I for one think nothing is really new. So if I see a pattern, I figure it out and make it. But then, I'm not in business, don't sell anything but I do give stuff away. Some fabrics are even copyrighted now, I have read notices on the selvages which is a new can of worms.
#17
Super Member
Join Date: Jul 2014
Location: Illinois
Posts: 2,140
It depends on whether the design was traditional or not (i.e., whether it holds a design patent). If it is a patented design, the clearly defined legal rule is that ""if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other."
When you flip through patent applications, you usually don't see colors included in the patent. Colors are chosen by marketing people, so simply changing the color typically isn't enough to avoid patent infringement. Changing one block also does not avoid infringement (there have actually been cases for that). If the quilt you make is substantially the same as the patented quilt, it can be an issue.
As Tartan says, if the design is public domain & all that's unique about the book are the "how-to" instructions, go for it! I know I've wasted money before buying something that was supposed to help me make a Sunbonnet Sue quilt. The instructions were basically non-existent & I could do better just looking at photos of Sunbonnet Sue online & making up my own patterns.
If you are just making it for your own home, you need to decide your own comfort level. If you are making the quilt to sell, I would be very careful with that. Yes, odds are the designer would never know & wouldn't come after you, but there certainly have been times where professional quilt makers have been threatened with lawsuits &, unfortunately, that seems to be becoming more & more common.
McCall's recently sent me an email in response to a question stating that even if my client buys their own copy of a quilt pattern, I can't turn around & sew that quilt for them for profit. They claimed it was an infringement on their patent. I have no idea whether or not that's true (I'm not about to pay a patent attorney to investigate). I figure there are plenty of other beautiful pattern makers out there that are happy to sell me patterns so I can sew a small number of quilts for my customers. I must say that part of me is jealous of the quilters half a century ago that happily shared designs with others. I can understand needing to make a profit, but some of these rules (I have a fabric with carrots on it that says "for home use only") are getting to be ridiculous.
When you flip through patent applications, you usually don't see colors included in the patent. Colors are chosen by marketing people, so simply changing the color typically isn't enough to avoid patent infringement. Changing one block also does not avoid infringement (there have actually been cases for that). If the quilt you make is substantially the same as the patented quilt, it can be an issue.
As Tartan says, if the design is public domain & all that's unique about the book are the "how-to" instructions, go for it! I know I've wasted money before buying something that was supposed to help me make a Sunbonnet Sue quilt. The instructions were basically non-existent & I could do better just looking at photos of Sunbonnet Sue online & making up my own patterns.
If you are just making it for your own home, you need to decide your own comfort level. If you are making the quilt to sell, I would be very careful with that. Yes, odds are the designer would never know & wouldn't come after you, but there certainly have been times where professional quilt makers have been threatened with lawsuits &, unfortunately, that seems to be becoming more & more common.
McCall's recently sent me an email in response to a question stating that even if my client buys their own copy of a quilt pattern, I can't turn around & sew that quilt for them for profit. They claimed it was an infringement on their patent. I have no idea whether or not that's true (I'm not about to pay a patent attorney to investigate). I figure there are plenty of other beautiful pattern makers out there that are happy to sell me patterns so I can sew a small number of quilts for my customers. I must say that part of me is jealous of the quilters half a century ago that happily shared designs with others. I can understand needing to make a profit, but some of these rules (I have a fabric with carrots on it that says "for home use only") are getting to be ridiculous.
#18
Member
Join Date: Sep 2014
Posts: 55
Oh dear. So many things to remember. I'm just afraid if I ever bought some of that home use only fabrics I would forget and possibly use it in the car, or for a picnic, or send it to one of my great grandsons in college dorms, or even overseas. So confusing. I do wonder how they know if you use it outside your home. Can they track it?
#19
Super Member
Join Date: Nov 2010
Location: Jozefow, Poland
Posts: 4,474
I would follow your conscience. The fact that it occurred to you to ask, suggests you think you should buy the book? If you really do think you should, it will probably niggle at you if you don't.
Personally, I see nothing wrong with being inspired by a picture of something and adapting the idea for your own use.
Personally, I see nothing wrong with being inspired by a picture of something and adapting the idea for your own use.
#20
Super Member
Join Date: Nov 2010
Location: Jozefow, Poland
Posts: 4,474
Oh dear. So many things to remember. I'm just afraid if I ever bought some of that home use only fabrics I would forget and possibly use it in the car, or for a picnic, or send it to one of my great grandsons in college dorms, or even overseas. So confusing. I do wonder how they know if you use it outside your home. Can they track it?
Thread
Thread Starter
Forum
Replies
Last Post
barnbum
Pictures
27
06-30-2008 04:24 PM