Originally Posted by
sewbizgirl
Copyright is the right of "copy"... copy meaning the actual written words. No one has the right to take your writing, the way you explained the making of the pattern. However, making a "knock off" of the original design from pictures is fair game. It's the reason so much of the fashion world is 'knocked off'. The law does not prohibit it. Books, written patterns, song lyrics... all that "copy" is protected. Actual designs, not so much. However, an ethical person would give some sort of credit to who or what ever inspired their creation.
I am a knitting pattern designer. How I wish my actual designs were protected from being copied. However, it is only my written words-- the way I explained the instruction-- that is protected under copyright law. And even that is only enforceable if you have the money and legal representation to sue those infringing on your rights.
Whether what you call a 'knock off' is copyright infringement or not depends partly on what form the original took. Under US copyright law, the design aspect of 'functional' items such as clothing and quilts is difficult, if not impossible, to copyright. The written pattern, yes, as you said, along with any original photos, drawings or art work included. A significant exception is art quilts. They are not considered functional for copyright purposes so their design aspect is more easily protected.
Readers should be made aware that the Bissett article that was posted is talking about
Canadian Copyright Law and it was written by a Canadian designer, someone who has a very personal financial interest in what you are told about copyrights. There are notable differences between the Canadian and US laws, the non-covered design aspect of functional items being just one. Another is that, in the US, you
do need to have your copyright registered in order to bring suit for infringement, and it needs to be registered
before the infringement occurs.
The Bissett article was the first time I have ever seen mention of sharing prize money with the designer if your commercial pattern quilt entry wins at a show. I've been copyright savvy for a long time and that struck me as pretty presumptuous, even for a designer. Most major shows now ask for the pattern name and designer on the entry form if you used a commercial pattern and some require the designer's written permission (though many designers themselves are calling this requirement unreasonable and unnecessary), but the show folks make no mention at all of having to share any resulting prize money. And that is NOT something they would drop on you only after the fact. The designer gets their name and pattern mentioned on the shown quilt's info card which is marvelous free advertising for them. In small shows and others where designer info is not requested, it is always proper to mention it on your own in the quilt description.
Do some research. There are more and more sources of information available that address how copyright law impacts quilting in particular now that quilting is such a big business and has spawned so many small businesses.