It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.
You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued. http://www.tabberone.com/Trademarks/...tedMedia.shtml |
These copyright laws can be very confusing and misleading. I understood copyright as you could not copy or reproduce to paper pattern itself to sell as your own, not the finished product. If we sell a cake made from a recipe out of Betty Crocker Cookbook, are we suppose to get permission from the publisher to sell the cake. If I add a little more sugar and vanilla flavor, do we call that our original recipe or is it still an original Betty Crocker recipe. Quilt patterns and recipes have been around forever how do anyone truely know if it is original. Is it just possible for many years people were glad to share patterns and recipes and let others twik them to their liking to be called their own.
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Originally Posted by Ann63
These copyright laws can be very confusing and misleading. I understood copyright as you could not copy or reproduce to paper pattern itself to sell as your own, not the finished product. If we sell a cake made from a recipe out of Betty Crocker Cookbook, are we suppose to get permission from the publisher to sell the cake. If I add a little more sugar and vanilla flavor, do we call that our original recipe or is it still an original Betty Crocker recipe. Quilt patterns and recipes have been around forever how do anyone truely know if it is original. Is it just possible for many years people were glad to share patterns and recipes and let others twik them to their liking to be called their own.
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As I read everyones opinions and "translation, if you will" it leaves at least me, with SUCH confusion---------what is permitted, what is NOT permitted. If the "law" would SPELL it out in clear layman terms, maybe we all would feel more comfortable.- I had a problem with embroidery designs on ebay - a company was trying to sue me for BIG BUCKS when I had won an auction for 4.99 YEARS before. But last year, I had seen someone who was photocopying patterns from mags and selling those via the site - no one seemed to have a problem with THAT! As friendly quilter pointed out-----why INVEST in ANY quilt magazines when we can't enter the quilts in any shows, or whatever............."I'm soooooo confuuuuuuuuuuuuused!!"
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It was my belief that you could copy the quilt pattern and display it (and share it) if it was not for personal monetary gain. If it is for a charity quilt show (such as ours and probably yours) I can't see where they would have any objection to displaying.
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Originally Posted by pittsburgpam
It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.
You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued. http://www.tabberone.com/Trademarks/...tedMedia.shtml www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml see also Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66 www.tabberone.com/Trademarks/PreciousMoments/PreciousMomentsFullCase.shtm |
Were you referring to the pattern of the fabric only? What about the quilt pattern?
Originally Posted by tabberone
Originally Posted by pittsburgpam
It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.
You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued. http://www.tabberone.com/Trademarks/...tedMedia.shtml www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml see also Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66 www.tabberone.com/Trademarks/PreciousMoments/PreciousMomentsFullCase.shtm |
Originally Posted by ReeneeD
Were you referring to the pattern of the fabric only? What about the quilt pattern?
As the lawyer for Major League Baseball argued, there is a difference between a "red light" and "light red". Calling the item a "Disney Quilt" is not acceptable while calling it a "Quilt made from licensed Disney fabric" is. The wording becomes important so people are not likely to be confused. As for patterns, once the pattern manufacturer has sold you the pattern, absent a written contract, it is yours to use as you wish. Selling you the pattern is also giving you implied license to make the item from the pattern. There is nothing in the law that gives the pattern manufacturer the right to control what you do with the end product. The Supreme Court settled that issue in 1879. Likewise, any design in the pattern has transferred to you by sale. That does not mean you have the right to use that design on other products but only for the item made from the pattern. Nor do you have the right to copy and sell, or give away, the pattern. |
Originally Posted by BellaBoo
Money talks. I dropped all quilt magazine subscriptions that did not allow a pattern in their magazine to be displayed after I make it. I don't buy quilt patterns that state do not display or sell the quilt you made from this pattern. I buy quilt books for the instructions how to make a pattern. Instructions are legal to use how you want but you can't copy the pages. EQ7 takes the place of all patterns so it's worth buying and learning. I don't mind at all spending my money on fabric instead of designer patterns.
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there are very few original patterns out there. i should think that if you say on the papers that the quilt was inspired by a design in a magazine, that that is giving them the credit where credit is due. i also think that a regionsl quilt show would be different than paducah, or houston's show. sorry, no caps here, i am typing with a cast on right hand after thumb surgery on monday.
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