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Thread: Copyright aggrevation.

  1. #176
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    Quote Originally Posted by Gee Hope
    Is it legal to sell a quilt made with copyrighted material, such as Disney princess material or a Disney embroidered designs?
    Sttrictly speaking, yes it is legal.
    But the Big Guys have so much clout people are often afraid to even appear to cross them.

  2. #177
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    Quote Originally Posted by applique
    There ARE quilt police in the form of Copyright lawyers!!! I make quilts to sell in a museum and I HAVE to show permission from the designer before they can be sold. Only originals or public domain are excluded. There are books that deal with this issue.
    The museum will definitely try to cross all the Ts and dot all the Is to avoid any kind of conflict before it comes up.

  3. #178
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    Quote Originally Posted by applique
    Read the copyright law. It's posted on the web!
    It is not a clearcut subject, and is open to all kinds of misunderstandings, such that copyright lawyers get rich off this stuff.

  4. #179
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    Quote Originally Posted by quiltlin
    Everything everybody says is correct. It is a very "sticky" issue. The one for me that comes to mind is the "Norwegian Chicken Pattern" that Doreen Speckman "copyrighted" or so it says on the pattern that I have.
    I'm in my 6th decade and we had little tri-cornered pincushions when I was a babe.

  5. #180
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    Quote Originally Posted by Jacqué
    one of the stores wrote me about seeing a lady......copying one of my patterns and teaching it....when asked she said the designer wasn't selling anymore.........
    This teacher was, in this case, being dishonest. And infringeing on the designer's copyright.

  6. #181
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    Quote Originally Posted by mlaceruby
    Someone several years ago had posted to a machine embroidery group about this type of issue.
    A lawyer( husband of amember) responded that to make a case of copyright infringement a designer would have to prove a loss because of your actions.

    So they would need to lose money because you were competing with them in the marketplace with their item.
    the example of Disney was used.
    Disney has stores and sell items embroidered with Disney cartoons on them mickey mouse,pluto etc.
    If you made and sold embroidered hats with the same cartoons you would be taking away from their income so copyright infringement but if you only made for yourself and you purchased the designs from them- no infringement.
    Right.

  7. #182
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    if you use the picture outline from a colouring in book to use as a template for applique using your own colours, can you sell the finished article withour permission

  8. #183
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    Quote Originally Posted by vickig626
    Quote Originally Posted by madelinkk
    Is this right?
    I bought a pattern on ebay. When I received it, the pattern had been pulled out of a quilting magazine. It just doesn't seem to be the right thing to do.
    .
    .

    ..........This is legal.
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    .
    I ran across a pattern on ebay that someone was selling for around $14....someone had actually bid on it too. I have the same pattern that was "free" when I did a google search. I wanted to email the seller but wasn't sure what type of trouble I could have started since I didn't know details. All comments are posted online on ebay.
    .
    .
    ..........You can definitely write to ebay and they will figure it out.
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    .

    e-patterns.com also sells patterns that are located in magazines and books. I bought the book on 101 potholders mainly for the variety of blocks. e-patterns does state it's from that book but why would anyone pay $5 for a few patterns when they can buy 101 patterns for $15???
    .
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    ..........Epatterns.com has business arrangement with those designers. And, people might buy a single pattern for 5.00 where they do not want the book for 15.00.
    .
    .

  9. #184
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    Quote Originally Posted by litacats
    if you use the picture outline from a colouring in book to use as a template for applique using your own colours, can you sell the finished article withour permission
    I know people do this all the time.
    I'm not sure exactly why, but seems somehow it might be a bit iffy. Good question.
    Wonder if it makes a difference that it was not originally intended to be "taken off the page and used for something else," the way quilting designs and patterns are.
    Hmmmmm.

  10. #185
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    Quote Originally Posted by vickig626
    My quilt instructor said that if a pattern is modified 40%, you can call it your own and sell it as your own and the items made.
    Not so.
    If it is recognizable, then it is still the original design.

  11. #186
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    Quote Originally Posted by nena
    Ok I have a question. I was trying to get my daughter into quilting. sent her a couple of sites to look at. I also saw a beautiful quilt someone had done ,and copy and pasted it in a email so she could see how beautiful it was ,and maybe get interested in quilting. I received and email telling me to be careful because I had did something wrong ( still don't know what) about infringement???? So now I just dont send anything much because I am afraid I will do something wrong? Go figure. It had to be from this board or one other
    because that is all I go on. If it was here please let me know what it was. Thanks
    I'm guessing they meant you might have pasted in the link to the original website instead of copying the picture.
    But here again, you meant no harm and gained no profit, so it seems pretty non-critical to me.

  12. #187
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    Quote Originally Posted by Pati- in Phx
    But she does have the legal right to restrict your ability to just buy one pattern and make lots for sale without a pattern for each one. It has to do with depriving the author of income from the sale of the pattern to the individual who has the end product but without buying the pattern, but paying for the product.
    Well put.
    What I wonder about is again why the designer thinks that restricting the sale of items would lead to more pattern sales. People who buy finished quilts are not necessarily, indeed probably are not, people who will go buy the pattern and make their own.

  13. #188
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    Right on.


    Quote Originally Posted by JJs
    A friend and I were talking about this awhile ago. She has the magazine with the article in it and is flabbergasted at the whole thing. She is now rethinking even being in any quilt shows and/or making quilts that someone MIGHT buy. Her thinking is only use her own designs (like I already do).
    As far as I'm concerned some of these "designers" can take a flying leap - if they are so scared that somebody might make a quilt from their pattern (oh duh, isn't that what patterns are for??) and sell said quilt without paying them a royality then they are NOT in the pattern design business because they are creative and need an outlet, they are just greedy.
    If I want to make a quilt from someone else's design I'll buy the book or pattern to do so, but right about now, I can't see that happening.
    OTOH I'm not making quilts to sell - I make them for my own enjoyment and to GIVE to my kids, grandkids, great-grands etc.
    The one I did for consignment I "made up" on my own - I did not use a set pattern - I did use public domain blocks.
    I just checked the copyright information in the EQ7 book and I think I'll be using EQ exclusively for designing my own quilts.
    Unless you use one of the specifically copyrighted block disks (sold separately) then quilts you design are YOURS....

    I think it's disgusting that these so-called designers are stiffling people - I was amazed that my friend feels she can no longer use patterns that are 'out there' for download or to buy or whatever.

    The whole idea behind quilting was SHARING blocks - and people made their own quilts from those blocks...

    Some of the magazines and books lately have some gawd awful ugly quilts in them that I wouldn't 'copy' on a bet so think these designers are really reaching to come up with something 'new' they can lay claim to....

    (the EQ7 copyright info is on page 4 of the book)

    Another thing that blows me away is when some 'designer' copies a design from somebody else or uses an OLD public domain design and does something then claims the design - that's disgusting and they should be zapped by lightning LOL

  14. #189
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    Quote Originally Posted by quilterguy27
    Maybe we should all just make quilts and donate them. No laws broken, problem solved.
    Some designers state that their designs cannot be made and Given away to charities without permission.
    Ridiculous.

  15. #190
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    Nicely put.
    The quilt shows and museums are just avoiding future hassles by insisting on these documentations.
    That does not make it legally necessary for you, just good business on their part probably.
    And it's their house, their rules, I guess.


    Quote Originally Posted by pittsburgpam
    Something else that bothers me... In an AQS show you are required to get "permission" from the designer to exhibit or enter your quilt if you used a purchased pattern!!!

    AQS is perpetuating the lie that the designer basically "owns" anything you make with their pattern and that they have a say in what YOU do with it.

    You can pay an additional amount and have your quilt appraised in shows. Hmmm... if designers say that you can't sell them, then aren't they worth ZERO in absolute monetary terms other than the cost of materials?

  16. #191
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    Quote Originally Posted by tabberone
    This is the most polite board I have seen. Everyone here discusses the subject without getting personal. That is refreshing to see.
    Quilters Rule!!
    Good and charming folks, every one.
    I love this place.

  17. #192
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    Quote Originally Posted by 2livesdown7togo
    a fabric that had "Sold for non-commercial home use only" stamped in the selvage.
    They can print anything they want on there. Doesn't make it true.
    What stumps me is why they even go to the trouble.
    Whatever in the world do they expect to gain?
    Do they think, "Hey, I'm not going to let Quixelda Quilter make a neck pillow from my Ronnie Rhino fabric and sell it to the Mrs. NonSewer Sallies of the world, because Hey, all those Mrs. NonSewer Sallies will then just break their necks running over here to buy the fabric and make their own neck pillows!! Muuhahahahahah"

  18. #193
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    Quote Originally Posted by QuilterInVA
    The new issue of McCall's quilting was in my mailbox today and it has a very informative article on copyright law.

    A copyright lasts for 70 years AFTER the creators death. You cannot make a quilt and display it at a quilt show, etc. without the creators permission.

    Much more. Please read it! Quilters are notarious for breaking the copyright laws.
    All true.
    The thing is, it's kind of like the slang name for CocaCola, or Coke. Nowadays, in many parts of the world, a carbonated drink is a coke no matter the flavor.
    My point being, when the entire quilting world picks up on block patterns for generations like wildfire, it gets to be a moot point who designed it how long ago.
    And I feel confident to say that no one on this board would agree to infringeing deliberately, knowingly and on purpose.

  19. #194
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    Quote Originally Posted by magpiefeather
    My point? Uh, I don't have one. So I guess I'll go sew for awhile.
    You're cute!!

  20. #195
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    Quote Originally Posted by marciacp
    The biggest thing is just don't make photo copies of a pattern and pass it out to a class, or a bunch of friends - instead tell your class or friends where they can purchase the pattern if they like it. That's the bottom line. Otherwise, please feel free to continue sharing pictures, etc. That's a good thing and not in violation of copyright law.

    And I know quilters who go in together to buy patterns and fabrics to save shipping, and share both when they arrive.
    And although it is done, lending a pattern to a friend is probably not as good as telling them where they can get their own.

  21. #196
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    Quote Originally Posted by QuilterInVA
    The article in McCall's magazine is written by a patent attorney and contridicts what you say.
    The thing is, you can find aanother lawyer to argue the other side of that coin too. That's how they stay in business!!

  22. #197
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    Quote Originally Posted by MistyMarie
    Okay. I have rarely seen a quilt in a show or fair that has included the pattern designer (even at professional booths that show off long-arm skills).
    .
    ...........Me neither.
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    ., I feel like I got a "well, duh" type of answer. I am trying hard not to feel like I was personally attacked
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    ...........You weren't. It's just a hot topic with many opinions and some facts.
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    for asking about including the designer's name when this doesn't appear to be the norm at all. Since I have never shown a quilt, I wasn't sure if this was expected since I haven't seen this being done, for the most part, and I doubt that most of the quilts were original creations and not from a pattern somewhere.
    .
    .
    ...........I would agree, it would never occur to me to think that each quilt in a show was an original! It's like piecing is not the same talent as handquilting nor longarming, and making a quilt is not the same as designing a quilt.
    .
    .

  23. #198
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    Quote Originally Posted by aliaslaceygreen
    And for some reason, no matter how carefully I or others phrase things on this board, someone is always willing to jump to the other end of the possible meaning. (Not just you MM, it seems a hobby here... :cry: :cry: :cry: )
    It's the whole thing about written versus in person: it's sometimes hard to read what was thought to be clear.
    We do a good job on this board of addressing the pricklier subjects as well as the warm fuzzy subjects, and work through as friends.

  24. #199
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    Quote Originally Posted by thismomquilts
    I, officially, do not want to quilt ever again... seriously - if I have to be so afraid of breaking some law because of BUYING a pattern, not matter the source, and making sure I DO NOT copy and sell or give away (which I never do or will) but have to worry about someone seeing the quilt I too the time and effort and money to make and wanting to buy it... good grief...
    The whole key here is that Yes there are some rules and some misunderstandings of those rules, but in all reality we are for the most part private persons who make quilts.
    No one is going to come and snatch us off to the pokey.
    I live in East Texas and I seriously doubt that Desireé Designer from Minnesota is going to know whether I made and sold 2 quilts from her design.
    I don't sell anything, but the point is still the same.

    Reminds me of the thing about meteors hitting the earth. Could. Am I worried? Nah.

  25. #200
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    Quote Originally Posted by quiltmom04
    Then why did the McCalls article you can't display in a public place without permission?
    Because they can, I guess. Doesn't make it so.

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