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Copyright Question

Copyright Question

Old 03-02-2008, 12:26 PM
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Hi! I haven't posted too much, just lurked around, but I have a copyright question I wonder if anyone can answer.

I designed a babushka girl wallhanging for my daughter's bedroom, that was inspired by some projects I have seen around the web. I saw a tea cozy that had rick rack, a little flower with a button in the center, and an apron on her babushka girl, and incorporated those elements on my babushka girl quilt. Is that considered copyright infringement? I sketched out my own picture of a babushka girl and created pattern pieces from my drawing. I wrote out instructions as to how I made it also, and wanted to share the pattern free for download on my blog...am I opening myself up to any sort of lawsuits? I see these things on Etsy so often, and am a SAHM of two just wanting to do something nice, but don't want to take a chance of breaking any laws or creating any trouble for myself. Thank you so much for any input anyone can offer! :)
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Old 03-02-2008, 01:27 PM
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whether or not it's infringement depends on how different your version is to the other projects that inspired you. i know that's a vague answer, but it's the best i can offer without seeing what got you started and where you ended up.

if the babushka girl, herself, is in the pubic domain then you can safely copyright your instructions and illustrations of the steps.
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Old 03-02-2008, 03:02 PM
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I am a long way from being any sort of copyright lawyer, but it's my understanding a design must vary by 10%. How they measure that is well beyond my imagination.

M
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Old 03-02-2008, 04:38 PM
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this is a great article
http://qnm.com/copyright/index.html

this is an official site with all the gobbledygook you need to read if you decide to register a copyright. includes links to forms
http://www.copyright.gov/circs/circ1.html#cr
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Old 03-03-2008, 01:03 PM
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Thank you both for your answers...I have been to the sites you referenced, thank though for going through the trouble! :) I just don't want to upset or offend the woman who I embellished my babushka girl in a similar way to. I'm thinking I might just hold off on this one, to avoid upsetting anyone all together...but again, I appreciate your help! :)
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Old 03-04-2008, 07:00 AM
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Originally Posted by MissTreated
I am a long way from being any sort of copyright lawyer, but it's my understanding a design must vary by 10%. How they measure that is well beyond my imagination.

M
Thats how I heard it too
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Old 03-09-2008, 11:11 AM
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Thanks for the info sites. I'm in the process of printing out a couple of quilt patterns I designed and they answered a lot of my questions. Thanks and happy quilting.
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Old 03-09-2008, 01:12 PM
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When my daughter was little I used to call her Babushka. :) :) :)

She's 20 now, when I get mad at her I call her that. :lol: :lol:
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Old 08-20-2010, 03:11 PM
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Who was the quilt designer who sued and got $100,000?
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Old 08-20-2010, 03:17 PM
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Percentage of change is hard to pin down. The rule of thumb might better be, If it is recognizable, then it is too much like the original.

Of course, as was mentioned, if the pattern is already in the public domain anyway, then go for it.
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