Selling Quilts from Magazine Patterns?
#11
Super Member
Join Date: Oct 2013
Location: Centralia, WA, USA
Posts: 4,890
I just drew a pattern. I've decided to name it "Basic Star". Here it is:
[ATTACH=CONFIG]470060[/ATTACH]
If you've been quilting more than a few hours chances are you've seen something like this. This one I've drawn using flying geese to make the points but HSTs would work just as well. I think it wold be nearly impossible to copyright something like this and where does the copyright begin and end? There are thousands of variations of this basic star shape. Does every possible color variation get it's own copyright? I drew it as a 6" block. Does a 9 or 12" block deserve another copyright? In my opinion something like this block has been done so many different ways that it doesn't deserve a copyright in any form. Does adding sashing between the blocks deserve a different copyright?
Anyway, you get my point. I think for some of these patterns it would be very hard for the designer to prove you violated their copyright.
I do believe in copyrights because they do provide the artist legal protection for unique work but many quilt designs aren't that unique. If a pattern is truly new and unique then the designer has the right to get paid for their design just like any other artist.
Rodney
[ATTACH=CONFIG]470060[/ATTACH]
If you've been quilting more than a few hours chances are you've seen something like this. This one I've drawn using flying geese to make the points but HSTs would work just as well. I think it wold be nearly impossible to copyright something like this and where does the copyright begin and end? There are thousands of variations of this basic star shape. Does every possible color variation get it's own copyright? I drew it as a 6" block. Does a 9 or 12" block deserve another copyright? In my opinion something like this block has been done so many different ways that it doesn't deserve a copyright in any form. Does adding sashing between the blocks deserve a different copyright?
Anyway, you get my point. I think for some of these patterns it would be very hard for the designer to prove you violated their copyright.
I do believe in copyrights because they do provide the artist legal protection for unique work but many quilt designs aren't that unique. If a pattern is truly new and unique then the designer has the right to get paid for their design just like any other artist.
Rodney
#12
I agree with the post above. A lot of quilt patterns I've seen use a basic block like that (or a combination of basic blocks) and a certain color scheme, and then says you cannot sell the quilts. Well the person that made the pattern didn't design the block originally either.
I seem to remember one magazine adding a disclaimer about quilts being sold or even entered into competitions.
I seem to remember one magazine adding a disclaimer about quilts being sold or even entered into competitions.
#13
Super Member
Join Date: Sep 2010
Location: Live Oak, Texas
Posts: 6,133
So many people today are copywriting 'old' stuff. Guess I'm old enough now to remember squares and triangles being free to use any way my imagination could take them. It is logical to me that after millions of people over many years using the same basic shapes--why wouldn't two people create the same basic pattern? It irritates me that these things that have been free for decades can now be copy protected.
#14
So I have a question. If you make a quilt using a pattern in a magazine, are you allowed to sell it? I ask because I thought that you could, being that you bought the pattern, but my MIL says you can't. I recently saw something in a magazine that if you make a quilt using a pattern in the magazine it can be placed in a show only if the prize is under $1000 and you give credit to the designer. I have never sold a quilt made from a magazine pattern, but I was just curious whether or not there was a law against it.
#15
Power Poster
Join Date: Feb 2009
Location: Northern Michigan
Posts: 12,861
the best way to avoid problems is to contact the magazine and ask them- some of them state right in them you can display a quilt, or enter it in a show- but not sell it (which, really means don't put it on the internet offering it for sale- if its a local/private sale they would never know if you sold it of gifted it) some state you can sell up to 5 of the quilts (which again means you can use social media *internet* and offer up to 5 of them) they all have their own rules- and asking is always the best way to know what their rule is...but again- if it's a *private sale* they would never know- it really just pertains to displaying/offering using a social media venue. asking is an easy thing and 9 times out of 10, if you send them a picture of the quilt & tell them what your plan is they will happily give you permission (which you should save in a folder) and might even ask you if they can put your picture/quilt in an upcoming magazine.
#19
If I were an attorney what a field day I'd have with these designers. Since I'm not, I'll simply say that they own the copyright to the printed materials, meaning that I can't copy and sell them as my own work. They can't copyright protect anything else. And they really need to get a clue because all they're doing is alienating potential buyers.
Right now I'll buy a pattern I like as a courtesy to the designer. But I'm close to the point where if I read "you can't reproduce for resale" blah, blah, blah one more time, I'm going to stop buying and simply recreate the work to the best of my ability without a pattern. Which in most cases is darned easy. The real joke is that many patterns are so poorly written and designed that they really aren't worth the copyright protection that does cover them.
And for the record, I've never sewed and sold anything in my life -- but I don't like being told that I can't if I want to when I've paid for something.
Right now I'll buy a pattern I like as a courtesy to the designer. But I'm close to the point where if I read "you can't reproduce for resale" blah, blah, blah one more time, I'm going to stop buying and simply recreate the work to the best of my ability without a pattern. Which in most cases is darned easy. The real joke is that many patterns are so poorly written and designed that they really aren't worth the copyright protection that does cover them.
And for the record, I've never sewed and sold anything in my life -- but I don't like being told that I can't if I want to when I've paid for something.
Thread
Thread Starter
Forum
Replies
Last Post
joym
Main
80
01-09-2013 01:37 PM