Old 08-22-2010, 07:35 PM
  #222  
dgmoby
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Join Date: Jan 2010
Location: Austin, TX
Posts: 547
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Originally Posted by moonwolf23
Originally Posted by JJs
Here's another thought:
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For example, vast numbers of our favorite quilt blocks and patterns have been within the public domain for years and are not encumbered by copyright law as we understand it
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so how is Jane Doe supposed to know the difference if it is not stated on the package/article??

I've been reading some of the copyright law stuff on the web - not opinions but the laws themselves (see I ain't no dummy too stupid to understand English as it is written no matter what McCalls thinks)..... And my understanding is something like this - feel free to jump in and disagree or whatever LOL
When a work is created by a designer it is automatically copyrighted to them - they can make the work available to the general public by giving away or selling the instructions - but they retain the copyright unless they specifically state that they are putting the design in the public domain, after that, they have no say so over what is done with the pattern OR THE QUILTS CREATED USING THE PATTERN.

And, they do have the right to say you can make a copy (quilt)using their pattern and they do have the right to withhold permission to show the copy (quilt) made from said pattern.

No problems so far - my beef if you want to call it that, is why be so parsimonious and narcisstic as to force quilters who buy these patterns and mags and books IN GOOD FAITH to take the extra step to beg permission to show their quilts. And if you are going to insist on that step PUT IT IN WRITING at the outset. Right on the pattern, in the book or magazine in a prominent place, instead of getting all huffy and accusing folks of theft or worse when most of them have no clue that such a thing is even required.
You want all rights reserved? Fine, just say so in plain English - put on there YOU HAVE TO ASK MY PERMISSION TO SHOW THIS QUILT or YOU MAY NOT SHOW THIS QUILT AT A PUBLIC QUILT SHOW. Or, as I've stated before, make the statement that, "This quilt may be shown at quilt shows as long as you credit the designer"...
What is the big deal that this can't be done?
Why assume that people are out to claim a designer's work?
I'm sure some people do, but in this day and age of instant communication 99% of them will be found out in a New York minute.

Give quilters the opportunity to NOT break copyright law - give them the CHANCE TO DECIDE - do I want to buy this pattern and have to ask permission to show the quilt, or do I buy 'this' pattern where the designer has already granted that permission?
And put it on the OUTSIDE OF THE PACKAGE - so Jane Quilter doesn't get home with said pattern and discover AFTER she opens the package that the quilt she hoped to make for the next guild show is not permitted to be shown.

And maybe a copyright law should be written to cover quilts and their design and then there would be no problems.

And, I'm not angry - just disgusted with the whole thing.
Because if McCalls and other pattern places do that, they will loose money.

I for one won't buy a magazine, book what have you, and be so limited in my ability to use it.
On discussing the actual laws, I believe it totally depends upon which copyright law you're reading. For example, the one you're referring to here does apply to architecture, performing arts, computer programs etc. as it repeatedly states. I do not recall it stating things made of fabric, or patterns, or anything related to sewing/quilting or something along those lines. But, in another area, it does address this. I'm sorry, the name escapes me at the moment (my brain tumor affects memory) but it has to do with utilitarian items and patterns for items made to use. (Also, there is the 'Fair Usage Act'.) I haven't read all of the laws yet as supper called!

So - I think I'm correct when I say we have to be careful when reading, to read the ones that do apply to fabric patterns, things made of fabric, and/or utilitarian items, etc. that quilting may fall under. At least, this is the way I am reading it.

Please feel free to correct me, if wrong :)
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