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Old 09-02-2010, 06:25 AM
  #197  
patricej
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Join Date: Nov 2006
Location: Southeast Georgia, USA
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this conversation is typical of nearly every other conversation we've had about copyrights.

useful, easily understood and accurate information has been provided by several members. unfortunately it's lost in the pages of opinion and protest. :lol:

let's catch up.

1. nobody can slap a copyright on blocks already in the public domain.
2. under most circumstances, they can't slap a copyright on quilt layouts designed using only blocks from the public domain.
3. the instructions and illustrations are copyright protected. the owner of the copyrights can tell us to not copy and distribute them without their permission.
4. copyright protection does not extend to the items made from the patterns. some designers believe they do, but they are mistaken.

the legal issues and principles are:
-the designer/author/creator/owner right to retain her identity as the creator of that pattern (the instructions and illustrations).
-the designer/author/creator/owner right to realize income or benefit.
-the customer's obligation to make reasonable use of the protected pattern. making and selling a bazillion quilts from another designer's pattern would most likely not be considered reasonable use. putting one into a show and claiming to have designed it yourself would most likely not be considered reasonable use. giving one or a few of the quilts to friends and family would most likely be considered reasonable use. even selling a few would most likely be considered reasonable use - especially if you gave the designer/author/creator the credit she deserves.

politicians, lawyers, and consumers make the laws seem a lot more complicated than they really are or need to be.

put yourself in the designer's shoes. the right thing should then be obvious.

and please take note of an important fact: when a designer is published in a magazine, she has quite often been required to transfer ownership of the copyrights to the publisher. she loses control, so we should probably not blame her if we don't like what the publisher does.
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