Go Back  Quiltingboard Forums > Main
Copyright questions for patterns that use someone else's tools >

Copyright questions for patterns that use someone else's tools

Copyright questions for patterns that use someone else's tools

Old 03-06-2012, 04:07 PM
  #1  
Super Member
Thread Starter
 
LucyInTheSky's Avatar
 
Join Date: Sep 2009
Location: Seattle
Posts: 1,743
Default Copyright questions for patterns that use someone else's tools

I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?
LucyInTheSky is offline  
Old 03-06-2012, 04:44 PM
  #2  
Senior Member
 
Join Date: Nov 2008
Location: Minnesota
Posts: 862
Default

The Twister would only have a copyright on their pattern directions. You can make anything your heart desires with the tool so long as you acknowledge that brand name item.
IAmCatOwned is offline  
Old 03-06-2012, 07:08 PM
  #3  
Super Member
Thread Starter
 
LucyInTheSky's Avatar
 
Join Date: Sep 2009
Location: Seattle
Posts: 1,743
Default

Originally Posted by IAmCatOwned View Post
The Twister would only have a copyright on their pattern directions. You can make anything your heart desires with the tool so long as you acknowledge that brand name item.
Gotcha, thanks
LucyInTheSky is offline  
Old 03-08-2012, 11:31 AM
  #4  
Senior Member
 
Handcraftsbyjen's Avatar
 
Join Date: Oct 2011
Location: New Hampshire
Posts: 835
Default

Originally Posted by LucyInTheSky View Post
I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?
I am the one with the Shamrock Twist pattern. Before I was able to copyright it I had to have permission from both CS Designs and Primitive Gatherings to include their products and techniques in my supply list.
Handcraftsbyjen is offline  
Old 03-08-2012, 11:35 AM
  #5  
Senior Member
 
Handcraftsbyjen's Avatar
 
Join Date: Oct 2011
Location: New Hampshire
Posts: 835
Default

Also, be aware that The Garhering Room Quilt Shoppe in Legrange, KY has a copyright on a Twister flag...so make sure you aren't infringing on it. (There's has been out probably almost a year now.)
Handcraftsbyjen is offline  
Old 03-08-2012, 11:46 AM
  #6  
Senior Member
 
Handcraftsbyjen's Avatar
 
Join Date: Oct 2011
Location: New Hampshire
Posts: 835
Default

The copyright takes just a few months and is $35 if you do it online, however, it's $50 if you mail it in.
Handcraftsbyjen is offline  
Old 03-09-2012, 11:58 AM
  #7  
Senior Member
 
MdmSew'n'Sew's Avatar
 
Join Date: Nov 2011
Location: a small village about 65 miles north of NYC
Posts: 551
Default

Originally Posted by LucyInTheSky View Post
I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?

If that were the case, the Twister folks would have been served a long time ago - I have an old book (well, probably at least 10 years old, not antique) called 'Square Dance' by Martha Thompson, where the prototype for the Twister is used to create a bunch of twister-style quilts. So the Twister ruler is not new, they just used someone else's tool design and are making a fortune - in the meantime, I'm still using the plastic template I made from the book and it works just fine.
MdmSew'n'Sew is offline  
Old 03-09-2012, 01:35 PM
  #8  
Super Member
 
GrannieAnnie's Avatar
 
Join Date: Aug 2010
Location: S. W. Indiana
Posts: 7,484
Default

Originally Posted by LucyInTheSky View Post
I saw a gal on here who is selling her (adorable) shamrock pattern for use with the Twister ruler. I made an American flag with the Twister, where the pattern is a give away for our Shop Hop next month (I work at a quilt shop), and one of the employees wanted to buy it (before I told her it's going to be a give away). That plus all the discussions lately about copyrighting got me wondering - can you make a pattern that uses another copyright tool, for example the Twister, and sell it without infringing on the Twister company's copyright? Obviously I know I couldn't use the Twister's wording for the ruler's insert, but otherwise, would that be okay? "Here's a pattern, here's the layout, use the Twister to cut it up, sew back together - ta da!" Or could the Twister people issue a cease and desist and/or sue? How does that fit into the copyright discussion?
Dumb question? Do you fret over using a patented sewing machine to make your top? Whatever tool you are using is patented (items), not copyrighted (words).
GrannieAnnie is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
kapatt
Main
21
12-05-2015 06:35 PM
IBQUILTIN
General Chit-Chat (non-quilting talk)
10
07-10-2015 09:59 AM
diannemc
Main
33
08-09-2013 04:10 PM
labtechkty
QB Help Center
4
04-12-2012 10:22 PM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


FREE Quilting Newsletter