Copywrite and Use of Quilt Patterns
#21
You buy a pattern, it's yours to use. The quilts you personally make from it are yours to keep, give away or sell. Make one, make a bunch. Make them in whatever color, pattern, size you want. You can use the pattern as a jumping off point and modify it to your personal creative taste.
What you can't do is copy and give away or re-sell that pattern. Unless it's in the public domain.
Making patterns is hard work. You come up with a design, make a dozen to make sure your directions are correct, design a cover, photograph your quilt, buy a barcode, get it printed, try to market them, build a website, do shows, learn social media. Think about that before you ask your friend for a copy of the pattern they just bought. Is your integrity really only worth $10?
What you can't do is copy and give away or re-sell that pattern. Unless it's in the public domain.
Making patterns is hard work. You come up with a design, make a dozen to make sure your directions are correct, design a cover, photograph your quilt, buy a barcode, get it printed, try to market them, build a website, do shows, learn social media. Think about that before you ask your friend for a copy of the pattern they just bought. Is your integrity really only worth $10?
#22
Super Member
Join Date: Jan 2012
Location: NE Missouri
Posts: 6,418
I had a grandfather with patents, a brother with patents, and another brother seeking them. I have seen the time, sweat, money involved with getting them so this is my philosophy, "If in doubt, don't." I don't know how much patents differ from copyrights, but they have worked hard to earn their status as a patent holder. I would rather err on the side of seeking permission, when it maybe isn't necessary, than to steal someone's labor of love and profit.
#23
Super Member
Join Date: Jul 2008
Location: Keller, TX
Posts: 1,916
You cannot copy the writem instructions. You can use the inforation to create a pattern and use the pattern as many times as you like. You can sell your quilt, but you cannot sell copies of the pattern instructions.
#24
Senior Member
Join Date: Nov 2014
Location: West Virginia
Posts: 495
I totally respect copywriter laws. However ofton I see patterns being sold that have been around forever and I know the seller of the pattern did not create the pattern. Churn Dash? New pattern? I don't think so and there are plenty of ways to find written instructions that are almost as old as the pattern. this is one topic on the board that I guess will never end. Happy quilting and thanks to those that genuinely create new patterns for us less creative to buy.
#26
I don't know how a person can copyright a pattern that has been in existence for over a hundred years. Or a pattern that simply turns a block in a different direction, triangles in different colors, or strippy blocks. I can see where the written direction can be copyrighted.
#27
Some long, but up-to-date and correct information regarding this issue from M Susan Vaughn, at BlogHer:
"In Drury v. Ewing (1 Bond, 540), ..., a copyright was claimed in a chart of patterns for cutting dresses and basques for ladies, and coats, jackets, &c., for boys. It is obvious that such designs could only be printed and published for information, and not for use in themselves. Their practical use could only be exemplified in cloth on the tailor's board and under his shears; in other words, by the application of a mechanical operation to the cutting of cloth in certain patterns and forms. Surely the exclusive right to this practical use was not reserved to the publisher by his copyright of the chart.
[TABLE="width: 440, align: center"]
[TR]
[TD]Logically, how can a copyright extend to the item made using the pattern even if the pattern could be copyrighted? The actual fabric being used would not be covered by the pattern copyright even if it could be copyrighted. The snaps, zippers, velcro, etc, used to make the item would not be covered by the pattern copyright, even if it could be copyrighted. The pattern copyright, if valid and we don't believe it is, would only cover the physical pattern purchased. The purchaser, that being you, buys the pattern for a fixed amount of money. It is now yours and the manufacturer no longer has any legal control over what you do with the pattern, however, even if the pattern is not copyrightable, you should not
These claims of expanded limits on the copyrights are false and unsupported by federal law. Beginning with Bobbs-Merril vs Straus, federal courts have regularly rejected attempts by copyright holders to expand their right beyond those allowed by statute. So why do they continue to do it? Because they can. And often, people believe their claims. Mostly because they want to believe the claims. Many, many, crafting chat boards have comments posed where the crafters believe, or want to believe, the pattern manufacturer can limit what someone does with their patterns. Image Disney selling a coloring book and demanding only certain colors can be used for certain characters or they will sue for copyright infringement. The coloring book is yours after you purchase it; color it as you wish..
However, this fact will not stop these companies from improperly interfering with you attempting to make items to sell. Why do they do it? Because they know the average person will not fight back. These companies, supported by their unethical bottom-feedercorporate lawyers, will continue their mis-information campaigns until stopped by a civil suit.
We do get input on these pages. In response to the issue of a pattern being a useful item, from Darlene Cypser, Esq., an attorney in Colorado, with whom we agree on this issue. Read also the article by Jeff Neuburger, Esq., titled Can I copyright my clothing designs?, written July 13, 2007."
[/TD]
[/TR]
[/TABLE]
"In Drury v. Ewing (1 Bond, 540), ..., a copyright was claimed in a chart of patterns for cutting dresses and basques for ladies, and coats, jackets, &c., for boys. It is obvious that such designs could only be printed and published for information, and not for use in themselves. Their practical use could only be exemplified in cloth on the tailor's board and under his shears; in other words, by the application of a mechanical operation to the cutting of cloth in certain patterns and forms. Surely the exclusive right to this practical use was not reserved to the publisher by his copyright of the chart.
[TABLE="width: 440, align: center"]
[TR]
[TD]Logically, how can a copyright extend to the item made using the pattern even if the pattern could be copyrighted? The actual fabric being used would not be covered by the pattern copyright even if it could be copyrighted. The snaps, zippers, velcro, etc, used to make the item would not be covered by the pattern copyright, even if it could be copyrighted. The pattern copyright, if valid and we don't believe it is, would only cover the physical pattern purchased. The purchaser, that being you, buys the pattern for a fixed amount of money. It is now yours and the manufacturer no longer has any legal control over what you do with the pattern, however, even if the pattern is not copyrightable, you should not
- Make copies of the pattern to either sell or give away
- Post a copy of the pattern on the internet for others to use
- Modify the pattern slightly and sell it as your own creation
These claims of expanded limits on the copyrights are false and unsupported by federal law. Beginning with Bobbs-Merril vs Straus, federal courts have regularly rejected attempts by copyright holders to expand their right beyond those allowed by statute. So why do they continue to do it? Because they can. And often, people believe their claims. Mostly because they want to believe the claims. Many, many, crafting chat boards have comments posed where the crafters believe, or want to believe, the pattern manufacturer can limit what someone does with their patterns. Image Disney selling a coloring book and demanding only certain colors can be used for certain characters or they will sue for copyright infringement. The coloring book is yours after you purchase it; color it as you wish..
However, this fact will not stop these companies from improperly interfering with you attempting to make items to sell. Why do they do it? Because they know the average person will not fight back. These companies, supported by their unethical bottom-feedercorporate lawyers, will continue their mis-information campaigns until stopped by a civil suit.
We do get input on these pages. In response to the issue of a pattern being a useful item, from Darlene Cypser, Esq., an attorney in Colorado, with whom we agree on this issue. Read also the article by Jeff Neuburger, Esq., titled Can I copyright my clothing designs?, written July 13, 2007."
[/TD]
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[/TABLE]
#29
Super Member
Join Date: Oct 2010
Location: Maple City, MI
Posts: 2,135
I respect the time and work our quilt designers have invested in the new designs we love...Much like supporting local quilt shops...if we don't each buy the patterns/fabrics...soon there will be none.
#30
Not true. You must abide by the stipulations of the copyright notice.
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08-30-2011 07:20 PM