Quilting and Copyright Law
 

I thought this article, which is very up to date, is something that others would find as interesting as I did. There is nothing like FACTS as opposed to MYTHS.



http://www.tabberone.com/Trademarks/...Quilting.shtml

Thank you. Pattern makers have gotten so out of hand with putting restrictions on their patterns that I will no longer buy a pattern where there is as statement about not being able to sell anything you make from the pattern. There are plenty of designers that are more than happy to have you sell their products at craft fairs, etc.

mltquilt

Thank you for posting this. It was very informational and I appreciate having the copyright issue clarified. It always aggravated me when I see a design I like but they restrict it's use. It's nice to know what is and isn't true.

So if you buy a pattern you can make quilts from it and sell them even if they say you can't. Because their restrictions aren't legal. They can't restrict your use of the pattern. What you can't do is copy the pattern and sell it.

I was also impressed with how many times they used the Quilting Board as a source of info. that I wasn't expecting! LOL

Thanks for the information. Very helpful and answered a lot of questions I have had about selling my quilts.

This article is timely and welcome as there have been so many confusing pieces witten about the subject. One was almost afraid to post anything for fear of being sued. Geez!

Thanks for posting this article.... And hello to my friend Miss P who posted right before me!!!!
Ellen

thank you so much for posting this aricle it is good to get the truth I know after that publication in McCalls I let all magazine subscritions expire as I did not want to spend money on something I could not use I have not even bought a magazine off the news stand since then just use the free ones on the internet I always wondered why they put their patterns on the market if they did not want people using them good to know if I want to make something for a craft sale it is legal thanks again for the truth

Very interesting updated information. I think there are many discussions on this topic on the board somewhere, but this is recent, and very understandable. Thanks for posting.

Maybe now others will understand better. Great info.

Thanks so much for the information.

Anita in Northfield

I did the same as Dodie, let all my subscriptions lapse for the same reason. Thank you for posting the link; I have saved it and am thinking of printing it out and taking it to the craft fairs I do.

May I add my thanks to the others. As a new quilter I didn't even know there was an issue. I book-marked his site for future reference!

I'm also bookmarking this article for future reference.
Great information with actual citations of law--a much more compelling argument than opinion.

There are many quilt patterns that have different names and fabrics but seem to be the same pattern. How many original quilt patterns can there be? Thanks for the article.

Taberone makes good sense of the complicated legal mombo jumbo.
I never could understand how anyone could say you could not make this pattern and then sell your piece. they sold you the pattern to make it. When it is a group of puppets, or dolls, what do they think you're going to do with it? when it is a craft, that's a no brainer.
Thanks for sharing this link.

Thanks for the info. Will keep this in mind

Adding my thanks for the very informative link that clearly explains the issue.

Thank you for this article. It contests many of the misconceptions I have heard. Very interesting!

Thanks so much, a very clear article to dispell all the false information.

Thank you for sharing this valuable info.

please remember that this website is very controversial! It is NOT the given word on copyright. Only YOUR lawyer can determine that if you are caught violating a copyright! Many people continue do what they know is wrong when it comes to copying patterns and it hurts the artists/designers more than you can imagine!

Also most of the "rules" governing fabric use are intended for those overseas. Even in Canada they are not forced to follow the rules, and thus they buy fabrics here to make items to sell globally and in mass. That hurts the company and the designer!

Having said that the most protected and enforced copyrights on fabric all have to do with Disney and anything College or Pro sports! Best to avoid making items to sell from those period!

Just remember, if you know in your heart it is wrong, then it is wrong! If the label says it is copyright protected, then somebody paid money to get that © and it is there for a reason!

If you want to make a few items to sell, usually an email to the designer is all it takes to get that permission! I do however know that Atkinson designs will NOT allow items to made for resale from their patterns. SO, I do not use their patterns, period! It only took an email to learn this!

To thine own self be True!

I had a very well versed reply typed, including Supreme Court citations, and my computer crashed.

So, I will just say this...after talking to my DH (an administrative law attorney) and his partner about copyright law and this Tabberone site, they agree that the issue is completely blown out of proportion. The fear mongering is senseless. When you lay down your cash and purchase a pattern, you are free to make and sell anything you want BESIDES copies of the actual printed pattern.

BUY your patterns, make something pretty. Keep it, sell it, give it away. You are under no obligation to anyone to do otherwise.

And if you can find citation of a court case where someone was actually held accountable for selling an item made from a pattern that they bought, I will eat this laptop, piece by piece.

I agree. Which to me also states that if you see a quilt block you like, and the pattern is 'copyrighted' we are allowed to create our own way of making that quilt block, and then copyrighted that, correct? As an example, a member here created a pattern for a quilt block that was shown on a quilt, and then put a 'copyright' on it. What is copyrighted is the way she made that block, as the block was already in use, and 'copyrighted' according to the article. So I can take that block, go into EQ7, create my own way to create that block, and then put my own copyright on it?

That was some good information for everyone, simple to understand and mostly common sense. I have stated before that if I purchase a pattern or a book, I can make and sell whatever I want. The same applies to doll designers. They want to limit how many you sell and you're not allowed to sell on ebay ahahahahahah.....oh phooey!!

The other thing that erks me is the habit of quilt shows who insists that the quilter give credit to whoever put the quit together on the machine. Why? the work was done by the quilter. She paid a long armer to put it together. The credit belongs only to the quitler who made the quilt, for heavens sake!

Thank you so much for the info.I had talked to a lawyer friend also and he had said the same things.He also said the pattern designers use intimidation against people.The only thing illegal is copying and SELLING the pattern.Whatever you make is yours and yours alone.
What will they do if we all quit buying their work.;)

Thank you, thank you, thank you!!!!!!! I've got lots of MLB and NFL licenced fabric that I planned on making into origami bags to sell and hit that FALSE brick wall 3 yrs go.....Now I'm going to get it out and start folding and sewing.

well said
 

Very well said.

Please remember that just because someone has created a website with "factual" information does not make the information true. Anyone can include information to support her cause will not including contradictory information, even if that information were to give a more-well rounded response to the issue. Even if the author of this website is correct about the copyright issues, you can still be entangled in a legal mess should a pattern designer or fabric manufacturer decide to pursue the issue with you. It would have the potential to take a lot of time and money to resolve.

Awesome!!! Thank you for the post.

I have to respectfully disagree. Piecing the top is one process; quilting the quilt is another. If one person does the piecing and another does the quilting (longarm, shortarm, or by hand), whether paid or not, I believe that both parties should receive credit for each aspect of the creation.

As for myself, I quilt my own quilts. Frankly, I find that part of the process to be more work, in general, than the piecing.

Your mileage may vary.

k9dancer you are so correct I to quilt my own quilts and that truly is where the real work comes in I really do enjoy
making the tops for me that is the real fun but then comes the real work I do my quilting on a Bernina 440QE so
sometimes I stuggle but a real feeling of accomplishing when it is finished knowing it is all mine and yes I agree if someone else has quilted the quilt they should be reconized

A word of warning about this article. I had read it too and used the info to comment on a quilter's blog on Facebook. One of her followers is a lawyer and stated that some of the information is not true, so be careful. I don't know what to believe anymore. I have to remind myself though, that just because I read an article someone has written, does not necessarily make the information factual. Just be careful everybody.

dixie_fried,

Thank you for posting. I feel more comfortable knowing that your information comes from attorneys that you know (and love---lol) as opposed to some unknown person writing on an internet website. There is a lot of information (and misinformation) on the internet. It is hard to separate fact from fiction.

I would like to clarify that DH and I are not offering legal advice. Nor am I condoning illegal or immoral activities. My comments were/are very specific to the purchase of patterns and books and the potential sale of items created from those patterns and books.

Our interpretation of Right of First-sale doctrine and Copyright limitations helped us come to the conclusion that products produced from a purchased pattern are not controlled by the designers original copyright. There is no contract between the person who purchase a book or pattern and the author that limits the use of the book or pattern, short of federal law that does not allow the purchaser to make copies of the book/pattern and sell it for profit.

The designer is compensated when the pattern is purchased, so the idea of "STEALING" from designers by selling items made from their sometimes very expensive books seems like a farce. Besides, only the printed words are copyright protected because the government won't grant copyright to an idea or a process.

Another thing I find hysterical is that utilitarian objects (i.e.: quilts, garments, pieces of furniture, etc.) are not eligible for copyright protection. The Copyright laws mention "designs"--designs of SHIP HULLS. Only in the 1990's were fashion designs even considered in the Supreme Court, and the courts decided then that designers of high fashion couldn't make a good enough argument why their garments deserved to be included in the law wording.

Read it all right here: http://www.copyright.gov/

I really am not going to spend my time worrying about this as I know some of these people would really like to put fear into us but I just will not use any magazines as there is plenty of stuff on the internet that way we can quilt in our group and still exchange patterns worry free also I am sure a lot of this article is true or we would not be seeing all these spin off patterns that we are getting and there are many of them the ones that comes to mind are twister spin off of square dance----one block wonder spin off of stack and whackand many many others and these people are really doing it for money where with friends we trade patterns I can see no harm in it as long as I leave the magazines alone where these people does not want their patterns used I will quilt for fun even the fabric companies has tons of patterns so just sew
quilt have fun and enjoy

Thanks for sharing.

Thank you for the information, but when it comes to facts about copyrights, you should go by what the library of congress has. That is where you file for copyrights and trademarks of any kind.

That was very interesting read. thanks for sharing. i admit in the past i have hesitated many times. I dont sell what I do, so I am not making a profit off anyone.

The lawyer who said some of the information was wrong?

What specifically?

What federal statute or court case did they cite to prove what we have posted is wrong?

We post federal court cases and in one instance the 1879 Supreme Court decision.

Can't respond to what was wrong without more information then "some of the stuff is wrong"

If I read this article right, I can make a quilt from a pattern and sell it, but I cannot copy the pattern itself and sell it.

Good info, to know. Clears up a lot of questions we have. Thank You for posting.