Copyright laws regarding quilts
08-24-2010, 07:39 PM
#11
Senior Member
Join Date: May 2010
Location: Montana
Posts: 913
This is the correct information and should be used. Thank you for the info. It is the pattern that should not be sold or copied without permission not the product of the pattern. No different from making a dress from a pattern....the dress can be sold without any infringment on copyright. I think those magazines are out of line IF they say you can't sell the product made from a pattern.
Originally Posted by burnsk
This is from another Board regarding Copyright. I think it would also apply to quilting patterns. Hope this helps.
Question via email to the U.S. Copyright Office:
I want to sell a knitting pattern I wrote complete with step-by-step instructions and a photo of the finished project. I understand that my written work and photo cannot be reproduced or distributed without my consent. My question regards the finished product produced by the individual who made it using my pattern: Do I have any claim to what is done with that finished product such as how it can be used or if it can be sold for profit?
Response via email from the U.S. Copyright Office:
Copyright in a pattern normally pertains to the pattern itself, not to the object that you construct from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work you make, then you may need permission to use it commercially. An example of that would be a needlework pattern depicting original artwork. An example of the opposite would be a dress pattern: the dress you make from the pattern is not subject to copyright protection.
*********************************************
U.S. Copyright Office
Library of Congress
101 Independence Ave SE
Washington DC 20559
(202) 707-3000
www.copyright.gov
Question via email to the U.S. Copyright Office:
I want to sell a knitting pattern I wrote complete with step-by-step instructions and a photo of the finished project. I understand that my written work and photo cannot be reproduced or distributed without my consent. My question regards the finished product produced by the individual who made it using my pattern: Do I have any claim to what is done with that finished product such as how it can be used or if it can be sold for profit?
Response via email from the U.S. Copyright Office:
Copyright in a pattern normally pertains to the pattern itself, not to the object that you construct from the pattern. If the pattern, however, includes original artwork that would be incorporated into the work you make, then you may need permission to use it commercially. An example of that would be a needlework pattern depicting original artwork. An example of the opposite would be a dress pattern: the dress you make from the pattern is not subject to copyright protection.
*********************************************
U.S. Copyright Office
Library of Congress
101 Independence Ave SE
Washington DC 20559
(202) 707-3000
www.copyright.gov
08-24-2010, 08:12 PM
#12
Power Poster
Join Date: Jan 2009
Location: Front row
Posts: 14,646
How to make useful items cannot be copyrighted. Now what is considered a useful item is the key word. Usually it's something needed for purpose like an apron, a shirt, gloves. A quilt for show isn't the same as a quilt to keep a body warm but still a quilt and listed as a useful item from when quilt had a useful purpose. That's why the how to make a design of the quilt can not be copyrighted. Actually the picture of the design on the pattern is the actual thing that is copyrighted, like the Simplicity or McCalls patterns. It's amazing what is buried in a copyright law. I don't care anymore. Someone else will have to buy the pretty pattern packages. EQ7 has 5000 copyright free block patterns.
08-24-2010, 08:33 PM
#13
Banned
Join Date: May 2009
Location: LA - Lower Alabama
Posts: 888
I'm going to say one more thing about all this copyright stuff and then no more.
First of all, I resent it when some on here say something about "stealing from designers" to show a quilt without permission - how is it stealing when you PAY FOR THE PATTERN/MAGAZINE/BOOK.
Secondly, and I think most importantly, the quilting community has always been one of SHARING. Women who were isolated by their circumstances shared patterns in rare letters, got together and quilted while they exchanged news and gossip. Freely shared the patterns they created. And now we have these so-called special designers who negate that whole community. I have no problem whatsoever with a designer being compensated and receive credit for a quilt design, a book of instruction and patterns, a new technique, etc. My problem is their wanting to control the resulting quilt that someone makes. I also think they are on a power trip when they make someone who PAYS MONEY FOR A PATTERN in good faith take an extra step to ask permission (which may or may not be granted) to show the finished quilt.
A friend of mine wrote to a designer and asked about this very thing - the designer wrote back "You do not need my permission to put a quilt you made with my design in a show." She also said that it was not necessary to put her info on the quilt but she would appreciate it. And that lady has some fantastic designs!
I've put quilts in one show something like 20 years ago - and even back then they were my own designs - so no problem for me to give credit where due - yea rah me....
I may or may not (probably not) ever put quilts in a show again - our guild keeps talking about having a show - and any quilts I would put in a show would be my own design. So it's a moot point to me all this hoopla over the copyright stuff. I use public domain blocks in my own arrangements, with my own color schemes, and my own fabric choices.
And I'll be my own 'designer' using EQ!
And I'll have tons of fun while the other designers worry about whether or not they've wrung every last ounce of credit and praise and whatever else it is they are looking for/expecting out of the patterns they oh-so-graciously "make available"...
And I will make it a point to only use patterns that GIVE PERMISSION beforehand IF I decided to use someone else's pattern. And I have used patterns in the past - Blooming 9 patch is one (great pattern by the way) but won't put that quilt in a show - too much hassle to track somebody down and ask permission.
yea yea, I know, designers say oh it's easy to ask - just email - what about people without internet, or just call - I'm sure the designer will love to get collect calls, or write, ok, track down an address, write, go to post office.... yuk
First of all, I resent it when some on here say something about "stealing from designers" to show a quilt without permission - how is it stealing when you PAY FOR THE PATTERN/MAGAZINE/BOOK.
Secondly, and I think most importantly, the quilting community has always been one of SHARING. Women who were isolated by their circumstances shared patterns in rare letters, got together and quilted while they exchanged news and gossip. Freely shared the patterns they created. And now we have these so-called special designers who negate that whole community. I have no problem whatsoever with a designer being compensated and receive credit for a quilt design, a book of instruction and patterns, a new technique, etc. My problem is their wanting to control the resulting quilt that someone makes. I also think they are on a power trip when they make someone who PAYS MONEY FOR A PATTERN in good faith take an extra step to ask permission (which may or may not be granted) to show the finished quilt.
A friend of mine wrote to a designer and asked about this very thing - the designer wrote back "You do not need my permission to put a quilt you made with my design in a show." She also said that it was not necessary to put her info on the quilt but she would appreciate it. And that lady has some fantastic designs!
I've put quilts in one show something like 20 years ago - and even back then they were my own designs - so no problem for me to give credit where due - yea rah me....
I may or may not (probably not) ever put quilts in a show again - our guild keeps talking about having a show - and any quilts I would put in a show would be my own design. So it's a moot point to me all this hoopla over the copyright stuff. I use public domain blocks in my own arrangements, with my own color schemes, and my own fabric choices.
And I'll be my own 'designer' using EQ!
And I'll have tons of fun while the other designers worry about whether or not they've wrung every last ounce of credit and praise and whatever else it is they are looking for/expecting out of the patterns they oh-so-graciously "make available"...
And I will make it a point to only use patterns that GIVE PERMISSION beforehand IF I decided to use someone else's pattern. And I have used patterns in the past - Blooming 9 patch is one (great pattern by the way) but won't put that quilt in a show - too much hassle to track somebody down and ask permission.
yea yea, I know, designers say oh it's easy to ask - just email - what about people without internet, or just call - I'm sure the designer will love to get collect calls, or write, ok, track down an address, write, go to post office.... yuk
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