An Artist's Rights
02-18-2015, 09:14 AM
#41
Super Member
Join Date: Jun 2012
Location: North Texas formerly The Burgh
Posts: 3,392
Here is a very good quote directly from the copyright info from the US Gov.....
920.1 Patterns for Making ArticlesThe drawings and text in a pattern book may be copyrightable, if they are sufficientlyoriginal. This may include textual instructions, technical diagrams that demonstratecutting, stitching, weaving, or other techniques required by the pattern, as well asillustrations of the completed items.A registration for a pattern book generally does not extend to individual pattern piecesthat may be used to create a useful article, such as shapes that may be traced and usedto make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor doesthe registration extend to any useful article that may be created with the pattern, suchas an item of clothing. For a general discussion of useful articles, see Section 924.
920.1 Patterns for Making ArticlesThe drawings and text in a pattern book may be copyrightable, if they are sufficientlyoriginal. This may include textual instructions, technical diagrams that demonstratecutting, stitching, weaving, or other techniques required by the pattern, as well asillustrations of the completed items.A registration for a pattern book generally does not extend to individual pattern piecesthat may be used to create a useful article, such as shapes that may be traced and usedto make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor doesthe registration extend to any useful article that may be created with the pattern, suchas an item of clothing. For a general discussion of useful articles, see Section 924.
02-18-2015, 09:17 AM
#42
Administrator
Join Date: Nov 2006
Location: Southeast Georgia, USA
Posts: 9,097
here is a link to the website of the Canadian Intellectual Property Office:
http://www.cipo.ic.gc.ca/eic/site/ci...c.nsf/eng/Home
if anybody has useful links to similar entities from other countries' governments, please feel free to share.
http://www.cipo.ic.gc.ca/eic/site/ci...c.nsf/eng/Home
if anybody has useful links to similar entities from other countries' governments, please feel free to share.
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02-18-2015, 09:43 AM
#43
Super Member
Join Date: Dec 2009
Location: leavenworth, ks
Posts: 3,093
My brain aches the more I read of the copyright thing. AARRGGHH!! I also admit I become more, not less, confused, too, as I read along and try to understand the law. Will keep on reading and hope that someone can answer whether a quilt made from a pattern is saleable - not that mine are good enough to sell but maybe someday...in a thousand years. 
02-18-2015, 09:56 AM
#44
Senior Member
Join Date: Oct 2013
Posts: 888
Originally Posted by PenniF
Here is a very good quote directly from the copyright info from the US Gov.....
920.1 Patterns for Making ArticlesThe drawings and text in a pattern book may be copyrightable, if they are sufficientlyoriginal. This may include textual instructions, technical diagrams that demonstratecutting, stitching, weaving, or other techniques required by the pattern, as well asillustrations of the completed items.A registration for a pattern book generally does not extend to individual pattern piecesthat may be used to create a useful article, such as shapes that may be traced and usedto make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor doesthe registration extend to any useful article that may be created with the pattern, suchas an item of clothing. For a general discussion of useful articles, see Section 924.
920.1 Patterns for Making ArticlesThe drawings and text in a pattern book may be copyrightable, if they are sufficientlyoriginal. This may include textual instructions, technical diagrams that demonstratecutting, stitching, weaving, or other techniques required by the pattern, as well asillustrations of the completed items.A registration for a pattern book generally does not extend to individual pattern piecesthat may be used to create a useful article, such as shapes that may be traced and usedto make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor doesthe registration extend to any useful article that may be created with the pattern, suchas an item of clothing. For a general discussion of useful articles, see Section 924.
02-18-2015, 10:30 AM
#45
Senior Member
Join Date: Oct 2013
Posts: 888
Originally Posted by judylg
I think this is an issue when a quilter sells a quilt, especially at a craft/quilt show. I spend a lot of money on my quilts, but ONLY give them to my family. This is a hot topic no matter the craft.
02-18-2015, 10:43 AM
#46
Senior Member
Join Date: Oct 2013
Posts: 888
Originally Posted by PatriceJ
the original article was primarily about canadian law.
the only reason i took that thread down was that we accidentally created more confusion than anything else.
this thread will stay open so long as we focus on trying to help each other with facts.
most of the law is very easy to understand and follow.
the two things that are most confusing - and for which straight answers are proving virtually impossible to find - are
1) whether we violate copyright law if we display something we made using a legally obtained copyright protected pattern. by "display" i mean entering in shows/exhibits, sharing photos of the things we made, and similar situations.
2) whether we can sell at least one thing (quilts, in our case) made using a legally obtained copyright protected pattern.
most of the reliable sources i've checked so far regard the resulting quilt as a copy of the pattern. keeping the quilt or giving it as a gift are generally "rated" as fair personal use. things get bogged down in gobbledygook when it comes to sale or/and display.
an answer i can understand is out there somewhere.
whether or not i will find it in this lifetime is yet another question. LOL
the only reason i took that thread down was that we accidentally created more confusion than anything else.
this thread will stay open so long as we focus on trying to help each other with facts.
most of the law is very easy to understand and follow.
the two things that are most confusing - and for which straight answers are proving virtually impossible to find - are
1) whether we violate copyright law if we display something we made using a legally obtained copyright protected pattern. by "display" i mean entering in shows/exhibits, sharing photos of the things we made, and similar situations.
2) whether we can sell at least one thing (quilts, in our case) made using a legally obtained copyright protected pattern.
most of the reliable sources i've checked so far regard the resulting quilt as a copy of the pattern. keeping the quilt or giving it as a gift are generally "rated" as fair personal use. things get bogged down in gobbledygook when it comes to sale or/and display.
an answer i can understand is out there somewhere.
whether or not i will find it in this lifetime is yet another question. LOL
No confusion. The actual laws are a fairly quick read and very explicit. Don't listen to the noise from those with a vested interest in others believing they have to share their glory and profit with the pattern designer. Note: Pattern Designer NOT Quilt Designer, which is the person making the end quilt using the pattern design.
02-18-2015, 10:45 AM
#47
Senior Member
Join Date: Oct 2013
Posts: 888
Originally Posted by judylg
I think this is an issue when a quilter sells a quilt, especially at a craft/quilt show. I spend a lot of money on my quilts, but ONLY give them to my family. This is a hot topic no matter the craft.
02-18-2015, 10:59 AM
#48
Administrator
Join Date: Nov 2006
Location: Southeast Georgia, USA
Posts: 9,097
i think it's fair to say that the issues are clouded by both confused users and confused designers/publishers.
those few in the designer/publisher camp who appear to be grasping or act like big bullies believe they are correct in light of their interpretation of the law (or the bazillions of amateur opinions "out there.")
even a lawyer who makes her living in "copyright court" argues based on her interpretation/opinion of the law as she believes it supports her client's position.
i have made some personal decisions based on my interpretation of everything i have read so far.
i will keep looking for reliable sources of information.
i will consider - but not rely upon - the opinions of others unless they are judges who hear and rule on cases that involve copyright law.
it also helps to put myself in the other person's shoes. what would i consider fair if it was my pattern?
that's the best any of us can do.
those few in the designer/publisher camp who appear to be grasping or act like big bullies believe they are correct in light of their interpretation of the law (or the bazillions of amateur opinions "out there.")
even a lawyer who makes her living in "copyright court" argues based on her interpretation/opinion of the law as she believes it supports her client's position.
i have made some personal decisions based on my interpretation of everything i have read so far.
i will keep looking for reliable sources of information.
i will consider - but not rely upon - the opinions of others unless they are judges who hear and rule on cases that involve copyright law.
it also helps to put myself in the other person's shoes. what would i consider fair if it was my pattern?
that's the best any of us can do.
__________________
- necessity is the mother of invention. lazy is the crazy aunt.
- for issues regarding the reminder emails, please contact [email protected]
Last edited by patricej; 02-18-2015 at 11:02 AM.
02-18-2015, 02:51 PM
#49
Super Member
Thread Starter
Join Date: Oct 2010
Location: Colorado
Posts: 2,254
Originally Posted by Geri B
Copyright discussions come up periodically here on the board.....the article Patrice posted was interesting, confusing and made my brain hurt......the implications were broad......I am still and will probably always be confused.......if I buy a quilt mag, like a pattern well enough to make it...even to buying the identical fabs, make it and decide to enter in our little county fair....wins first place ribbon.....I get a check for a big $10.00---- so I should share that $$$ with designer..who gets the ribbon or is it shared custody? Or should I make them and hide them under a bed......
02-18-2015, 02:54 PM
#50
Super Member
Thread Starter
Join Date: Oct 2010
Location: Colorado
Posts: 2,254
Originally Posted by PatriceJ
i think it's fair to say that the issues are clouded by both confused users and confused designers/publishers.
those few in the designer/publisher camp who appear to be grasping or act like big bullies believe they are correct in light of their interpretation of the law (or the bazillions of amateur opinions "out there.")
even a lawyer who makes her living in "copyright court" argues based on her interpretation/opinion of the law as she believes it supports her client's position.
i have made some personal decisions based on my interpretation of everything i have read so far.
i will keep looking for reliable sources of information.
i will consider - but not rely upon - the opinions of others unless they are judges who hear and rule on cases that involve copyright law.
it also helps to put myself in the other person's shoes. what would i consider fair if it was my pattern?
that's the best any of us can do.
those few in the designer/publisher camp who appear to be grasping or act like big bullies believe they are correct in light of their interpretation of the law (or the bazillions of amateur opinions "out there.")
even a lawyer who makes her living in "copyright court" argues based on her interpretation/opinion of the law as she believes it supports her client's position.
i have made some personal decisions based on my interpretation of everything i have read so far.
i will keep looking for reliable sources of information.
i will consider - but not rely upon - the opinions of others unless they are judges who hear and rule on cases that involve copyright law.
it also helps to put myself in the other person's shoes. what would i consider fair if it was my pattern?
that's the best any of us can do.
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