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Another copyright question...

Another copyright question...

Old 02-21-2013, 07:08 PM
  #11  
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If it is only for your own use is it really a problem????
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Old 02-21-2013, 07:25 PM
  #12  
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Originally Posted by dunster View Post
When it comes to copyright, it's dangerous to try to compare one thing with another. Patterns or designs for articles of clothing fall outside copyright laws. Lists of ingredients for making food (the major part of a recipe) can't be copyrighted either. Applying common sense to copyright is often an exercise in futility.

Yet, I think copyright is very easy to understand in regards to quilting. Don't copy someone's original work. Don't make copies of any published/printed pattern without written permission from the copyright holder. (If it's published somewhere, it's automatically under copyright protection.) Technically you're also supposed to get the copyright holder's permission to display a quilt made from her pattern, but that is seldom done except for major quilt shows. (I think it's unlikely that the copyright holder would complain about the display of a quilt made from her pattern, as long as you give her credit for the design.) That's about it.
The envelope art work and the written instructions in clothing patterns are copyright-able.

However, there is absolutely nothing in copyright law about getting permission to display a quilt you made with a pattern you purchased.
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Old 02-21-2013, 07:39 PM
  #13  
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As I understand it the violation of copyright mainly has to do with monetary gain (or loss of the same by the copyright holder) from claiming someone else's copyrighted work as your own.

Also as has been pointed out so many of the actual blocks used in anyone's quilt are traditional ones that have been around longer than most of us have been alive.
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Old 02-21-2013, 09:07 PM
  #14  
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Originally Posted by dray965 View Post
It's all about 'ideas'. An idea cannot be copyrighted.

For example, think recipes. Quilts patterns and recipes are similar. It is a copyright infringement to copy the written pattern and to represent or sell that pattern as my own. Just like it would be against the law for me to copy down a recipe and represent it as my own recipe or to sell it as my own recipe. However...I can use that recipe anytime I want...I can even sell those cookies that I made from it...no copyright infringement. ....

If I tweak the recipe in a decidedly and substantial way and write that tweaked recipe down in my own words, I have not broken copyright law.

If I take a quilt idea and am inspired to make a quilt that is similar but decidedly different in a substantial way. . . that quilt is mine.

However...the key words are decidedly different in a substantial way. You can't make a minor change and call it yours.

It's all about ideas.

However...that being said...I'm with Shazeeda...don't worry about it...just keep on quilting.
there is such a thing as intellectual property, which means ideas that hold copyright. i am not an attorney, so i can't give any advice on the matter. if in doubt, contact an attorney; otherwise, use common sense and hope you are correct.
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Old 02-21-2013, 09:15 PM
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Originally Posted by dunster View Post
(If it's published somewhere, it's automatically under copyright protection.)
copyright can expire, but i am not sure how long that would be for any given material.
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Old 02-22-2013, 01:48 AM
  #16  
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Not sure if this is any help, but I used was taught (art) by someone who had previously worked in the fashion industry. She said that regarding clothing sold in major stores that was a 'copy' of a catwalk design, the general rule was that 'five small things' had to be changed from the original garment. This way, it was not considered a 'copy', even though they looked extremely similar - the alterations could be as tiny as putting different buttons on, or a different stitch along a pocket.
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Old 02-22-2013, 06:23 AM
  #17  
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Originally Posted by Quiltngolfer View Post
I don't know the answer to this one either. My friend and I were shopping one day and saw a pretty quilt. We started to take a picture and were asked to leave the store. It really hurt my feelings. I don't remember now why we tried to take a picture, but the lady made us feel like thieves. I didn't even quilt at that time, so I never meant to "steal" her pattern. My guess is if you intentionally copy someone's pattern exactly without their permission, you infringe on the copyright. If you make some changes, then it would be your new pattern. There are so many quilt patterns out there now, how can we possibly know if a pattern is copyrighted?
I wanted to take a photograph of a wall quilt at the Houston show one time. The booth attendant asked me not to and said it was against the rules. The fear was that I'd take the photo and make my own pattern. Instead, she gave me some handouts with much nicer photographs of that quilt and several others. I really didn't have the heart to tell her that I could make a much better pattern from her handout than I ever could with my photograph.
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Old 02-22-2013, 07:08 AM
  #18  
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Originally Posted by Quiltngolfer View Post
I don't know the answer to this one either. My friend and I were shopping one day and saw a pretty quilt. We started to take a picture and were asked to leave the store. It really hurt my feelings. I don't remember now why we tried to take a picture, but the lady made us feel like thieves. I didn't even quilt at that time, so I never meant to "steal" her pattern. My guess is if you intentionally copy someone's pattern exactly without their permission, you infringe on the copyright. If you make some changes, then it would be your new pattern. There are so many quilt patterns out there now, how can we possibly know if a pattern is copyrighted?
I had this happen to me once too and I had just purchased the pattern from that shop. I took the pix to remember the color selection they had used on the shop sample because it was much more attractive than the colors used on the pattern jacket. I was so embarrassed and my friend was in tears. I told the clerk who had just checked us out what I was doing and she still was horrid to us. Needless to say I don't shop there anymore.
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Old 02-22-2013, 08:05 AM
  #19  
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Originally Posted by catmcclure View Post
I wanted to take a photograph of a wall quilt at the Houston show one time. The booth attendant asked me not to and said it was against the rules. The fear was that I'd take the photo and make my own pattern. Instead, she gave me some handouts with much nicer photographs of that quilt and several others. I really didn't have the heart to tell her that I could make a much better pattern from her handout than I ever could with my photograph.
That made me laugh. I can so see that happening!

The Swoon block is on blogs all over the web. You can probably find a dozen tutorials for it. I don't see anything wrong with playing with the layout in EQ and then making the quilt. I wouldn't worry about it.
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Old 02-22-2013, 08:37 AM
  #20  
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Originally Posted by FubsyMog View Post
Not sure if this is any help, but I used was taught (art) by someone who had previously worked in the fashion industry. She said that regarding clothing sold in major stores that was a 'copy' of a catwalk design, the general rule was that 'five small things' had to be changed from the original garment. This way, it was not considered a 'copy', even though they looked extremely similar - the alterations could be as tiny as putting different buttons on, or a different stitch along a pocket.
The person that told you that didn't know what they were talking about. Clothing is not copyright-able at all. You can make an exact copy of any clothing item and not violate copyright. Trademark however is a different thing. You can not make a clothing item and put CC or LV all over it if you're not Coco Channel or Louis Vitton.
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