Copyright aggrevation.
08-13-2010, 11:22 PM
#181
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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.
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.
08-13-2010, 11:26 PM
#183
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Originally Posted by vickig626
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.
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.
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..........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.
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..........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.
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08-13-2010, 11:30 PM
#184
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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'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.
08-13-2010, 11:32 PM
#185
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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.
If it is recognizable, then it is still the original design.
08-13-2010, 11:37 PM
#186
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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
because that is all I go on. If it was here please let me know what it was. Thanks
But here again, you meant no harm and gained no profit, so it seems pretty non-critical to me.
08-13-2010, 11:42 PM
#187
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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.
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.
08-13-2010, 11:44 PM
#188
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Right on.
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
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
08-13-2010, 11:47 PM
#189
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Originally Posted by quilterguy27
Maybe we should all just make quilts and donate them. No laws broken, problem solved.
Ridiculous.
08-13-2010, 11:51 PM
#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.
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.
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?
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?
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