Originally Posted by pittsburgpam
Originally Posted by kluedesigns
Originally Posted by bearisgray
The author of the Dear Jane book is DIRECTLY copying the designs of the original book.
And Jane Stickney probably copied some of her designs from some she'd seen elsewhere.
The original Jane has been long dead, Even though the author is giving Jane full credit for the designs - where is the line between homage and plagiarism?
I just think most of the geometric designs have been around for so long, that it is hard to know the "true" source (I happen to think it's the Creator, but that's another line of thought)
and she now has that copyright because of her book.
paula nadelstern was in a lawsuit with, i believe, hilton hotels because they had a rug in houston that looked like her quilt.
hilton's attorney argued that since she used copywritten fabric that her quilt was not protected by that copyright and that the book it was published in did not get permission to use the fabric for commercial (read for profit) use.
they settled out of court which is a shame because i would love to know what a judge thought about the issue.
I bet she would have won. Like the case sited in that link, a store was selling bedding made with Precious Moments fabric. The makers of the fabric sued and lost. You purchase the fabric, you have the right to USE it however you see fit. That doesn't negate your copywrite to your work with that fabric. That is so ridiculous! If a clothing designer purchases a fabric do they then have to give the fabric manufacturer a cut of the sales? I don't think so.
well paula went out and side a contract with benartex and puts out a fabric line (something she never wanted to do in her life) and now she only uses fabrics from her line to do her work.
clearly she was very concerned by this issue.