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Thread: Copyright questions for patterns that use someone else's tools

  1. #1
    Super Member LucyInTheSky's Avatar
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    Copyright questions for patterns that use someone else's tools

    I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?
    Nothing's a mistake. It's a learning experience. Some experiences, you learn more than others.

  2. #2
    Senior Member IAmCatOwned's Avatar
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    The Twister would only have a copyright on their pattern directions. You can make anything your heart desires with the tool so long as you acknowledge that brand name item.
    Current piecing: Zig Zag quilt & LOTL (HSTs done, assembling units)
    Hand piecing project: Apple core (TOP IS DONE!!!! Yay!)

  3. #3
    Super Member LucyInTheSky's Avatar
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    Quote Originally Posted by IAmCatOwned View Post
    The Twister would only have a copyright on their pattern directions. You can make anything your heart desires with the tool so long as you acknowledge that brand name item.
    Gotcha, thanks
    Nothing's a mistake. It's a learning experience. Some experiences, you learn more than others.

  4. #4
    Senior Member Handcraftsbyjen's Avatar
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    Quote Originally Posted by LucyInTheSky View Post
    I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?
    I am the one with the Shamrock Twist pattern. Before I was able to copyright it I had to have permission from both CS Designs and Primitive Gatherings to include their products and techniques in my supply list.

  5. #5
    Senior Member Handcraftsbyjen's Avatar
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    Also, be aware that The Garhering Room Quilt Shoppe in Legrange, KY has a copyright on a Twister flag...so make sure you aren't infringing on it. (There's has been out probably almost a year now.)

  6. #6
    Senior Member Handcraftsbyjen's Avatar
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    The copyright takes just a few months and is $35 if you do it online, however, it's $50 if you mail it in.

  7. #7
    Senior Member MdmSew'n'Sew's Avatar
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    Quote Originally Posted by LucyInTheSky View Post
    I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?

    If that were the case, the Twister folks would have been served a long time ago - I have an old book (well, probably at least 10 years old, not antique) called 'Square Dance' by Martha Thompson, where the prototype for the Twister is used to create a bunch of twister-style quilts. So the Twister ruler is not new, they just used someone else's tool design and are making a fortune - in the meantime, I'm still using the plastic template I made from the book and it works just fine.
    He who cuts his own wood is warmed twice, but she who makes her own quilt is warmed forever - SLR 11/7/2011

  8. #8
    Super Member GrannieAnnie's Avatar
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    Quote Originally Posted by LucyInTheSky View Post
    I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?
    Dumb question? Do you fret over using a patented sewing machine to make your top? Whatever tool you are using is patented (items), not copyrighted (words).
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