Quilting and Copyright Law
03-06-2012, 05:52 AM
#21
Banned
Join Date: Dec 2009
Location: Enid, OK
Posts: 8,273
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!
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!
03-06-2012, 07:08 AM
#22
Senior Member
Join Date: Nov 2011
Location: Louisville, KY
Posts: 386
I had a very well versed reply typed, including Supreme Court citations, and my computer crashed.
So, I will just say this...after talking to my DH (an administrative law attorney) and his partner about copyright law and this Tabberone site, they agree that the issue is completely blown out of proportion. The fear mongering is senseless. When you lay down your cash and purchase a pattern, you are free to make and sell anything you want BESIDES copies of the actual printed pattern.
BUY your patterns, make something pretty. Keep it, sell it, give it away. You are under no obligation to anyone to do otherwise.
And if you can find citation of a court case where someone was actually held accountable for selling an item made from a pattern that they bought, I will eat this laptop, piece by piece.
So, I will just say this...after talking to my DH (an administrative law attorney) and his partner about copyright law and this Tabberone site, they agree that the issue is completely blown out of proportion. The fear mongering is senseless. When you lay down your cash and purchase a pattern, you are free to make and sell anything you want BESIDES copies of the actual printed pattern.
BUY your patterns, make something pretty. Keep it, sell it, give it away. You are under no obligation to anyone to do otherwise.
And if you can find citation of a court case where someone was actually held accountable for selling an item made from a pattern that they bought, I will eat this laptop, piece by piece.
Last edited by dixie_fried; 03-06-2012 at 07:19 AM. Reason: clarification
03-06-2012, 07:38 AM
#23
Super Member
Join Date: Jan 2011
Posts: 1,812
Originally Posted by Rhonda
Thank you for posting this. It was very informational and I appreciate having the copyright issue clarified. It always aggravated me when I see a design I like but they restrict it's use. It's nice to know what is and isn't true.
So if you buy a pattern you can make quilts from it and sell them even if they say you can't. Because their restrictions aren't legal. They can't restrict your use of the pattern. What you can't do is copy the pattern and sell it.
I was also impressed with how many times they used the Quilting Board as a source of info. that I wasn't expecting! LOL
So if you buy a pattern you can make quilts from it and sell them even if they say you can't. Because their restrictions aren't legal. They can't restrict your use of the pattern. What you can't do is copy the pattern and sell it.
I was also impressed with how many times they used the Quilting Board as a source of info. that I wasn't expecting! LOL
03-06-2012, 08:02 AM
#24
Super Member
Join Date: Jun 2010
Location: Longwood, Florida
Posts: 2,910
That was some good information for everyone, simple to understand and mostly common sense. I have stated before that if I purchase a pattern or a book, I can make and sell whatever I want. The same applies to doll designers. They want to limit how many you sell and you're not allowed to sell on ebay ahahahahahah.....oh phooey!!
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!
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!
03-06-2012, 08:52 AM
#25
Junior Member
Join Date: Jul 2011
Location: N.E.Georgia
Posts: 216
Thank you so much for the info.I had talked to a lawyer friend also and he had said the same things.He also said the pattern designers use intimidation against people.The only thing illegal is copying and SELLING the pattern.Whatever you make is yours and yours alone.
What will they do if we all quit buying their work.
What will they do if we all quit buying their work.
03-06-2012, 09:08 AM
#26
Senior Member
Join Date: Nov 2006
Location: USA
Posts: 374
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.
03-06-2012, 10:54 AM
#27
Senior Member
Join Date: Mar 2011
Posts: 767
well said
Originally Posted by jaciqltznok
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!
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!
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.
03-07-2012, 04:23 AM
#29
Super Member
Join Date: Aug 2010
Location: Mena, Arkansas
Posts: 1,351
Originally Posted by Rosyhf
................................
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!
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!
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.
03-07-2012, 05:03 AM
#30
Super Member
Join Date: Jan 2008
Location: Wyoming
Posts: 1,460
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
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
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