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Thread: Quilting and Copyright Law

  1. #26
    Senior Member Ellen's Avatar
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    Thank you, thank you, thank you!!!!!!! I've got lots of MLB and NFL licenced fabric that I planned on making into origami bags to sell and hit that FALSE brick wall 3 yrs go.....Now I'm going to get it out and start folding and sewing.
    Ellen......I'm gonna go play now

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  2. #27
    Senior Member qbquilts's Avatar
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    well said

    Quote Originally Posted by jaciqltznok View Post
    please remember that this website is very controversial! It is NOT the given word on copyright. Only YOUR lawyer can determine that if you are caught violating a copyright! Many people continue do what they know is wrong when it comes to copying patterns and it hurts the artists/designers more than you can imagine!

    Also most of the "rules" governing fabric use are intended for those overseas. Even in Canada they are not forced to follow the rules, and thus they buy fabrics here to make items to sell globally and in mass. That hurts the company and the designer!

    Having said that the most protected and enforced copyrights on fabric all have to do with Disney and anything College or Pro sports! Best to avoid making items to sell from those period!

    Just remember, if you know in your heart it is wrong, then it is wrong! If the label says it is copyright protected, then somebody paid money to get that and it is there for a reason!

    If you want to make a few items to sell, usually an email to the designer is all it takes to get that permission! I do however know that Atkinson designs will NOT allow items to made for resale from their patterns. SO, I do not use their patterns, period! It only took an email to learn this!

    To thine own self be True!
    Very well said.

    Please remember that just because someone has created a website with "factual" information does not make the information true. Anyone can include information to support her cause will not including contradictory information, even if that information were to give a more-well rounded response to the issue. Even if the author of this website is correct about the copyright issues, you can still be entangled in a legal mess should a pattern designer or fabric manufacturer decide to pursue the issue with you. It would have the potential to take a lot of time and money to resolve.

  3. #28
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    Awesome!!! Thank you for the post.

  4. #29
    Super Member k9dancer's Avatar
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    Quote Originally Posted by Rosyhf View Post
    ................................

    The other thing that erks me is the habit of quilt shows who insists that the quilter give credit to whoever put the quit together on the machine. Why? the work was done by the quilter. She paid a long armer to put it together. The credit belongs only to the quitler who made the quilt, for heavens sake!
    I have to respectfully disagree. Piecing the top is one process; quilting the quilt is another. If one person does the piecing and another does the quilting (longarm, shortarm, or by hand), whether paid or not, I believe that both parties should receive credit for each aspect of the creation.

    As for myself, I quilt my own quilts. Frankly, I find that part of the process to be more work, in general, than the piecing.

    Your mileage may vary.
    Stephanie in Mena

  5. #30
    Super Member Dodie's Avatar
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    k9dancer you are so correct I to quilt my own quilts and that truly is where the real work comes in I really do enjoy
    making the tops for me that is the real fun but then comes the real work I do my quilting on a Bernina 440QE so
    sometimes I stuggle but a real feeling of accomplishing when it is finished knowing it is all mine and yes I agree if someone else has quilted the quilt they should be reconized

  6. #31
    Super Member KyKaren1949's Avatar
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    A word of warning about this article. I had read it too and used the info to comment on a quilter's blog on Facebook. One of her followers is a lawyer and stated that some of the information is not true, so be careful. I don't know what to believe anymore. I have to remind myself though, that just because I read an article someone has written, does not necessarily make the information factual. Just be careful everybody.
    Karen in Kentucky

  7. #32
    Super Member nstitches4u's Avatar
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    dixie_fried,

    Thank you for posting. I feel more comfortable knowing that your information comes from attorneys that you know (and love---lol) as opposed to some unknown person writing on an internet website. There is a lot of information (and misinformation) on the internet. It is hard to separate fact from fiction.

  8. #33
    Senior Member dixie_fried's Avatar
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    Quote Originally Posted by nstitches4u View Post
    dixie_fried,

    Thank you for posting. I feel more comfortable knowing that your information comes from attorneys that you know (and love---lol) as opposed to some unknown person writing on an internet website. There is a lot of information (and misinformation) on the internet. It is hard to separate fact from fiction.
    I would like to clarify that DH and I are not offering legal advice. Nor am I condoning illegal or immoral activities. My comments were/are very specific to the purchase of patterns and books and the potential sale of items created from those patterns and books.

    Our interpretation of Right of First-sale doctrine and Copyright limitations helped us come to the conclusion that products produced from a purchased pattern are not controlled by the designers original copyright. There is no contract between the person who purchase a book or pattern and the author that limits the use of the book or pattern, short of federal law that does not allow the purchaser to make copies of the book/pattern and sell it for profit.

    The designer is compensated when the pattern is purchased, so the idea of "STEALING" from designers by selling items made from their sometimes very expensive books seems like a farce. Besides, only the printed words are copyright protected because the government won't grant copyright to an idea or a process.

    Another thing I find hysterical is that utilitarian objects (i.e.: quilts, garments, pieces of furniture, etc.) are not eligible for copyright protection. The Copyright laws mention "designs"--designs of SHIP HULLS. Only in the 1990's were fashion designs even considered in the Supreme Court, and the courts decided then that designers of high fashion couldn't make a good enough argument why their garments deserved to be included in the law wording.

    Read it all right here: http://www.copyright.gov/
    Last edited by dixie_fried; 03-08-2012 at 04:59 AM. Reason: addition of link
    "And I guess I might have made a few mistakes.
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  9. #34
    Super Member Dodie's Avatar
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    I really am not going to spend my time worrying about this as I know some of these people would really like to put fear into us but I just will not use any magazines as there is plenty of stuff on the internet that way we can quilt in our group and still exchange patterns worry free also I am sure a lot of this article is true or we would not be seeing all these spin off patterns that we are getting and there are many of them the ones that comes to mind are twister spin off of square dance----one block wonder spin off of stack and whackand many many others and these people are really doing it for money where with friends we trade patterns I can see no harm in it as long as I leave the magazines alone where these people does not want their patterns used I will quilt for fun even the fabric companies has tons of patterns so just sew
    quilt have fun and enjoy

  10. #35
    Senior Member Handcraftsbyjen's Avatar
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    Thanks for sharing.

  11. #36
    Junior Member oldbalt99's Avatar
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    Thank you for the information, but when it comes to facts about copyrights, you should go by what the library of congress has. That is where you file for copyrights and trademarks of any kind.
    Nothing beats a try but a failure.
    We all fall short of the mark.

  12. #37
    Senior Member paulettepoe's Avatar
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    That was very interesting read. thanks for sharing. i admit in the past i have hesitated many times. I dont sell what I do, so I am not making a profit off anyone.
    Some people visit paradise, I live there.

  13. #38
    Member tabberone's Avatar
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    The lawyer who said some of the information was wrong?

    What specifically?

    What federal statute or court case did they cite to prove what we have posted is wrong?

    We post federal court cases and in one instance the 1879 Supreme Court decision.

    Can't respond to what was wrong without more information then "some of the stuff is wrong"

  14. #39
    Senior Member stitchengramie's Avatar
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    If I read this article right, I can make a quilt from a pattern and sell it, but I cannot copy the pattern itself and sell it.
    "Our deeds determine us as much as we determine our deeds" George Eliot

  15. #40
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    Good info, to know. Clears up a lot of questions we have. Thank You for posting.
    Kindness is a language which the deaf can hear and the blind see.
    mark Twain

  16. #41
    Member tabberone's Avatar
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    Quote Originally Posted by stitchengramie View Post
    If I read this article right, I can make a quilt from a pattern and sell it, but I cannot copy the pattern itself and sell it.
    Yes that is correct according to the Supreme Court. And other then my mother there is no higher authority.

  17. #42
    Member tabberone's Avatar
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    Clarification?

    There have been a couple of comments that require comment and clarification. On my web site, I routinely cite statutes and court cases to back my statements. My detractors rarely do. I do not advocate a particular legal position but rather what the law says. Show me where i am wrong and I will change the material on the web site.

    jaciqltznok
    Yes, copyright law is controversial but really only on boards such as this. Designers and "artists" want to protect their works beyond the protections provided by copyright law. And that is where I tend to get involved.

    Copying and distributing patterns IS WRONG. Period. We are in agreement on this issue. But we are not in agreement with some of your other statements. The "rules" governing fabric use are an "urban myth". It has nothing to do with overseas. When you purchase the fabric, it is yours to use as intended, to sew into an article to use. And as such, that article, like clothing, is considered a useful article and the article is not covered by US Copyright Law. Irregardless of the claims of the pattern designer. Contrary to your claim, the designer and the manufacturing company have already been compensated for their efforts when the fabric is purchased at retail so they suffer no loss by the use of the fabrics.

    I have been in federal court, representing myself, with M&M/Mars, Disney, Major League Baseball, Sanrio (Hello Kitty), Debbie Mumm, and United Media (Peanuts), over the use of their licensed fabrics to make and sell articles. EVERY TIME, these companies wanted to settle rather than fight the issue.

    Permission is not required. Period.

    qbquilts
    My website has been out there for 13+ years. Not one lawyer has submitted a court decision contradicting what we are claiming. We are more than willing to alter any information provided we are shown a statute or court decision that contradicts what we are claiming. We have seen NONE.

    Yes, one can find themselves entangled in a copyright court case regardless of whether they are in the right or not. However, these cases rarely go to trial because the consequences of losing are very large. Few lawyers are willing to pursue cases that are losers. That is why frivolous cases are few.

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