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    Old 08-01-2010, 02:51 AM
      #161  
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    Originally Posted by knlsmith
    And I will continue to ask any designers if they care if I sell items made from there patterns and give credit where credit is due. I feel that is the right thing to do and I can sleep at night.

    I am so glad to see all the comments and questions on this thread. i really feel this has been the best copyright thread we have all made on this thread.
    let's hear a thunderous round of applause for both statements! :thumbup:

    if everyone focused on "what's right and ethical" instead of "what can i get away with?" we wouldn't need no stinkin' copyright laws. :thumbup:

    i do not mean to imply that anyone who researches and strives to understand and comply with the law has a selfish motive. far from it. i encourage everyone to keep working toward that goal. :P

    i merely want to go on record as especially admiring somebody who "goes the extra mile".
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    Old 08-02-2010, 08:30 PM
      #162  
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    Thank you for being one of the sincere and proper sales people who give credit where credit is due. There is no way to stop those who are less scrupulous but knowing you are doing the right thing helps. Consider the source and I send notes of disapproval whenever I find someone like that so that at least the vent is heard by the "perp"... they'll find out the hard way one of these days. You at least have a good conscience. Go for the gold, girl!!!
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    Old 08-03-2010, 05:22 AM
      #163  
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    Originally Posted by vickig626
    Originally Posted by pam1966
    Originally Posted by Scissor Queen
    Originally Posted by knlsmith
    I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Usually printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

    I see other people selling places without paying for the right to do so like I did.
    You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.
    What about when it says on the pattern itself that you can't? I'm really curious about this.
    I've run into this as well. The pattern actually says it's only for personal use and items made from pattern can't be sold, which I think is unfair. I don't buy these patterns if they say that.

    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.
    Ask Paula Needlstorm (sp?) and Hilton Hotels. I believe this may have went to the Supreme Court, whereby they ruled in Paula's favor. Hilton said they had changed the pattern by at least 50%...but they hadn't (by law). And if they did, it apparently wasn't significant enough changes to matter. (They put their floor tiles in many hotels that was based on her quilting pattern shown in Houston.)

    Don't believe everything you read on the internet, or hear, to be the truth. Most of it has a grain of truth, but the copyright laws are so extensive and confusing that even some attorney's don't understand them fully - let alone us lay people. And it doesn't matter what we personally believe, it only matters what the laws say. Just follow whatever is written on the pattern, don't buy it if you don't agree, or contact the designer. If you disagree with whatever they say, find another pattern! It's cheaper than loosing a lawsuit...and several designers are now suing for copyright infringement (not for 1 quilt, of course, but for multiple). Just the same rights as Disney - and you'd better not let them see you selling their designs on anything!
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    Old 08-13-2010, 01:28 PM
      #164  
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    Originally Posted by BellaBoo
    Magic Tiles is outdated as far as being considered something new. It's just a variation on a stack-and-slash quilt, where you stack different fabric blocks and do a series of cuts and shuffles. When the cuts are sewn back together, you end up with different blocks for your quilt. Almost the exact same pattern was in one of the quilting magazine not long ago. I wouldn't buy the pattern, how to do the technique is on many blogs in tutorial form.
    The article mentioned said that a technique was not able to be copywrited - just a pattern.
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    Old 08-13-2010, 01:37 PM
      #165  
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    Originally Posted by AbbyQuilts
    Originally Posted by katmom54
    I guess I am confused...I have seen a lot of discussion on this topic, and I wonder if there is just too much misunderstanding...so please educate me. ...
    Crafters, quilters, woodworkers, home designers, etc have all sold products made from other people's patterns - not once I have I seen credit given to anyone. I always understood that a pattern that is published and sold is then to be public and the crafter can use it as they wish. If a designer makes a product, and someone copies it without permission, then there is a problem. So, for example if I made 30 twisted bargello quilts and sold them at a fair, there should be no problem since I came by the pattern legitimately when I bought the book - I am not taking any special credit for the design, just the workmanship...but if I go to the quilt show, take a picture of a quilt and then make one to show myself - that is an infringement...
    Is it getting more complicated than that?
    Nope you pretty much have it

    Also if a pattern maker does not want to make the pattern but wants to restrict who sells it then they need to licence the pattern instead of sell it (think of it like mc D's franchising)
    The McCall's article does say that you can not display it publically without permission, and I would guess a fair is a public display, so I'm betting you couldn't send it in that venue.
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    Old 08-13-2010, 01:46 PM
      #166  
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    Originally Posted by vickig626
    Originally Posted by pam1966
    Originally Posted by Scissor Queen
    Originally Posted by knlsmith
    I don't know about patterns like that from magazines. All I know for sure is that each pattern has a copyright of some type, Ususally printed on the back or on their website, and the ones that i use you need permission to sell items made from the pattern.

    I see other people selling places without paying for the right to do so like I did.
    You actually don't need permission to sell things made from any pattern. No matter what the designers think or try to tell you.
    What about when it says on the pattern itself that you can't? I'm really curious about this.
    I've run into this as well. The pattern actually says it's only for personal use and items made from pattern can't be sold, which I think is unfair. I don't buy these patterns if they say that.

    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.
    McCalls article said that no matter how much you change a pattern, it's still 'derivative' and you not allowed to claim it as yours.
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    Old 08-13-2010, 01:59 PM
      #167  
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    Originally Posted by marciacp
    Originally Posted by MistyMarie
    So, if I make a quilt from a pattern and want to enter it in the State Fair or a local quilt show, I have to get permission from the designer to be able to display it publically? Does that mean that quilt store owners cannot put up a display quilt without permission from the designer? So, if I give away a quilt and that person displays it, they still have to research the pattern and get permission if I didn't put the designer's name on the label?

    Honestly, what would happen if I didn't? I am not making money off my quilt... at most, getting a ribbon. So, there is absolutely no monotary gain on my part, which would mean that I am not causing the designer a loss of income. If anything, I am putting out their design for others to see, and potentially buy the pattern.

    How many of us have posted pictures of quilts we have done and NOT credited the designer? Does that mean that every picture on this board that has not done so is violating copyright? I have purchased at least half a dozen patterns I would not have had I NOT seen someone's quilt on this board. That is free advertising for those designers. For them to say, "NO" would be like shooting themselves in the feet.
    Misty,
    You can absolutely enter a show, or post pictures of any quilts
    you have made without the permission of the designer. And
    you are absolutely right - it is great advertising for the designer.
    In fact, just this morning I received a call from a woman in
    another state wanting to purchase one of my patterns. She
    had been at a retreat all weekend and another lady was making
    a quilt from my pattern. This woman saw it, liked it, and
    got my info so she could contact me to purchase it. If she hadn't
    seen the other lady making my pattern, it would not have
    resulted in a sale for me. Quilter's sharing their work, and
    things they are working on is a great thing for everyone,
    including the designer.

    As I have read many of the posts in this tread, I am seeing
    a lot of misinformation about copyright law. My hope is that no
    one will get scared of posting pictures, sharing their quilts,
    entering shows, or even putting their work in a quilt shop.
    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.
    Then why did the McCalls article you can't display in a public place without permission?
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    Old 08-13-2010, 03:24 PM
      #168  
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    Originally Posted by QuilterInVA
    You cannot make a quilt and display it at a quilt show, etc. without the creators permission.
    I don't know much but I do know this is not true when a quilt is made from a purchased pattern. Credit should be given but you do not need permission to display it. If the quilt show says you need permission to enter it then that's their rules not copyright rules.

    The hotel is a business and should have known better then to copy a design close enough to be recognized by the creator. That was stupid and the hotel probably lost just on that reasoning alone. LOL
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    Old 08-13-2010, 03:43 PM
      #169  
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    Paula did in fact sue the hotel and won. She had the copyright "registered" which then gave her the right to proceed legally. She also no doubt had the resources to take them on and she knew that the hotel had deep pockets. I highly doubt that the "ordinary" designer (like us peons!) would ever go to the expense of registering a copyright let alone proceed legally against a quilter that probably has little to go after. Paula was very smart to do what she did. We need to respect copyrights out of respect if nothing else but unless they are registered, a designer cannot take a legal stand. I took a class in copyright law and worked as a paralegal for several years. Sylvia Landman has lots of info on this subject. Google sylvia landman copyright law
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    Old 08-13-2010, 10:51 PM
      #170  
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    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.
    As long as the thing being sold is the original, unaltered page or pages from the magazine, selling it is fine.

    What's not ok is making a Copy of the magazine page and selling That as a pattern.
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