Another copyright question...
#32
If you know the name of the designer or the name of the block/quilt, couldn't you just include that info. on your label? This is what I do and if I didn't I'd feel like I was trying to steal what someone else had created. If you aren't selling the quilt, I don't see this whole thing as a problem.
#33
The general rule is that you cannot copyright anything that is not a "creative work."
A quilt block in itself, for example a 9-patch block, is not copyrightable since it is not an original creative work. However,
you can copyright the instructions for making that block, because your explanation of how to assemble the block is considered creative. If you make lots of 9-patch blocks and set them into a quilt, using different fabrics, etc., or alternate them with other blocks then maybe the quilt as whole could be considered a creative work, and if you made an exact copy of the quilt and tried to claim it was your original work, there would be copyright issues. But the person claiming infringement would have to show that it was more than an arrangement of blocks, that there was some creativity involved in that particular arrangement -- you can't just make lots of blue and white nine patch blocks, assemble them into a quilt, and claim that no one else could do the same because it is your original work. Again, you can copyright the instructions that you write which explains how to make the quilt, but that doesn't copyright the quilt itself.
Also, you cannot copyright a title, so you can call a quilt, or a book, or a movie anything you want without worrying about it.
As to recipes, it is similar to quilt blocks -- you cannot copyright a list of ingredients, but you can copyright your instructions on what to do with the ingredients.
A quilt block in itself, for example a 9-patch block, is not copyrightable since it is not an original creative work. However,
you can copyright the instructions for making that block, because your explanation of how to assemble the block is considered creative. If you make lots of 9-patch blocks and set them into a quilt, using different fabrics, etc., or alternate them with other blocks then maybe the quilt as whole could be considered a creative work, and if you made an exact copy of the quilt and tried to claim it was your original work, there would be copyright issues. But the person claiming infringement would have to show that it was more than an arrangement of blocks, that there was some creativity involved in that particular arrangement -- you can't just make lots of blue and white nine patch blocks, assemble them into a quilt, and claim that no one else could do the same because it is your original work. Again, you can copyright the instructions that you write which explains how to make the quilt, but that doesn't copyright the quilt itself.
Also, you cannot copyright a title, so you can call a quilt, or a book, or a movie anything you want without worrying about it.
As to recipes, it is similar to quilt blocks -- you cannot copyright a list of ingredients, but you can copyright your instructions on what to do with the ingredients.
#34
Super Member
Join Date: May 2008
Location: IN
Posts: 1,807
The block in question is a variation (by fabric choice) of the Carpenter's Star traditional block. It's a FREE pattern....not sure why on earth people pay for a free traditional pattern other than they haven't done any research. I'd say good luck to anyone trying to file a copyright infringement on this one. http://www.quilterscache.com/C/Carpe...heelBlock.html
#35
All your question can be answered here. http://www.tabberone.com/Trademarks/...Quilting.shtml
Lets stop second guessing what is right or wrong. Too much false info goes around.
Lets stop second guessing what is right or wrong. Too much false info goes around.
Last edited by snipforfun; 02-23-2013 at 04:21 PM.
#36
Junior Member
Thread Starter
Join Date: Oct 2010
Location: VT
Posts: 165
Thank you!
This is very informative and fascinating! (also funny: "some designer named Kate Spain")
This is very informative and fascinating! (also funny: "some designer named Kate Spain")
All your question can be answered here. http://www.tabberone.com/Trademarks/...Quilting.shtml
Lets stop second guessing what is right or wrong. Too much false info goes around.
Lets stop second guessing what is right or wrong. Too much false info goes around.
#37
Okay, I have a question about copyright. If your friend has a pattern for a small wall hanging and you search and search and it is not available any more. Can't find anyone who is selling it and can't contact the designer can you copy it and make it for just your own use?
#38
If you are planning on printing and selling patterns and you are concerned about copyright violation because the patterns may be derivatives, I strongly recommend you get a good copyright lawyer.
Many of the blocks in EQ are public domain due to their age and what would be original copyright would have expired. The EQ website has extensive information on what patterns cannot be sold commercially. Additionally, anything provided by EQ is licensed for personal use by virtue of the fact that you paid for the software. Anything you create by playing around with the blocks is your own product.
Typically speaking, personal use is not considered a copyright violation so I would not worry about it. Have fun with your quilts. Seriously, is someone going to pursue an expensive lawsuit against a home quilter because they made a quilt that is similar? No, they're going to sue a commercial business, because commercial businesses have money.
As far as recipes are concerned, a list of ingredients cannot be copyrighted under law, but the instructions and commentary before and after can, along with pictures and original graphics. (As I understand it).
Many of the blocks in EQ are public domain due to their age and what would be original copyright would have expired. The EQ website has extensive information on what patterns cannot be sold commercially. Additionally, anything provided by EQ is licensed for personal use by virtue of the fact that you paid for the software. Anything you create by playing around with the blocks is your own product.
Typically speaking, personal use is not considered a copyright violation so I would not worry about it. Have fun with your quilts. Seriously, is someone going to pursue an expensive lawsuit against a home quilter because they made a quilt that is similar? No, they're going to sue a commercial business, because commercial businesses have money.
As far as recipes are concerned, a list of ingredients cannot be copyrighted under law, but the instructions and commentary before and after can, along with pictures and original graphics. (As I understand it).
#39
Junior Member
Thread Starter
Join Date: Oct 2010
Location: VT
Posts: 165
Obviously, I'm not an expert but from what I've been reading on the web, besides the consensus of "go for it", to be legal you could buy that old pattern from your friend (for whatever price she will sell it for). It is then yours to sew with and to do with the finished product as you wish. You may sell the wall hanging(s) if you so desire. I'm basing this on the information from tabberone in the link above provide by snipforfun.
By far (to me) the most interesting thoughts on this subject come from Leah Day: http://freemotionquilting.blogspot.c...terrorism.html
By far (to me) the most interesting thoughts on this subject come from Leah Day: http://freemotionquilting.blogspot.c...terrorism.html
Okay, I have a question about copyright. If your friend has a pattern for a small wall hanging and you search and search and it is not available any more. Can't find anyone who is selling it and can't contact the designer can you copy it and make it for just your own use?
Last edited by GrandmaSewNSew; 02-23-2013 at 07:58 PM.
#40
I think the reason in some shows that you are not allowed to take pictures, is because the quilts are antiques, and old, they keep them in darker areas, and do not allow taking photos of them, because the light can damage them over time. They do it to protect the quilts from being exposed to the light.
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