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Thread: Did anyone else read this in McCall's mag

  1. #226
    Member tabberone's Avatar
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    Quote Originally Posted by dgmoby
    Also unknown to most, is the useage of individual state laws in the copyright. This is copied from the US Copyright office, FAQ:

    Copyright is a personal property right, and it is subject to
    the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.

    Therefore, it may be legal in one state, and not in another. Interesting...I wasn't aware of the state laws!
    You have misread the statement. It refers to the property rights being transferred to another, such as an heir or someone who purchases all rights. It does not cover the sale of copies which is what the McCall's article discussed. Federal law requires the transfer of rights to be in writing and registered.

    The 1986 Copyright Law preempted ALL state statutes and common law on copyrights. There is only federal copyright law, except for those areas not covered by federal statute, and these are very, very few (such as unpublished works). The copyright law in Maine is the same as the copyright law in Texas or Oregon.

  2. #227
    Senior Member kapatt's Avatar
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    Quote Originally Posted by Mattee
    Copyright law was not written by McCall's Quilting. It was written by congress, enacted into law, and applies equally to all intellectual property, not just quilting.

    (snip)

    What they are doing is saying that if you use those instructions, for that version of a maple leaf quilt, you need to ask permission before displaying it, and cite the designer when you do. Derivative means a derivative of that version of the quilt - not of a block that happens to also appear in the the quilt. For example, if I decide to use a monkey wrench block, something that I'm very familiar with, to make a quilt that I make up using my own head, it's not derivative, since the block is in the public domain. If, however, I see instructions for how to make a specific monkey wrench quilt that I really like (which I did last month in a magazine), but it inspires me to make an altered version of that specific quilt (I'm changing the size, the relative sizes of the sashing, borders, and blocks, and color scheme), then it is derivative. It is derivative because I would not have thought of putting the quilt together in that way had I not seen the pattern in the magazine. That is the key that makes it derivative. I did not think of it on my own - I thought of the design because I saw someone else's design.

    snip
    Thanks Mattie. That is very clear and helps a lot. :thumbup:

  3. #228
    Super Member Dodie's Avatar
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    I am still not taking any chances with magazines what quilter does not like to show off her work and that article said we could not even enter it in a fair I am sure that is from McCalls as I contacted Fons And Porter and they said we could show our work from their patterns but not sell it I am now waiting to here back from Quiltworld and I did cancel my subscription to McCalls

  4. #229
    Super Member seamstome's Avatar
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    I read this whole thread. I probably violated copyrights law once when I made a quilt that was raffled for a child with a rare cancer. Most of what was said past the emotions made sense. If it is not your original design, you cant copy the pattern and distribute it or make it without acknowledging the designer. That is pretty straight forward.

    I agree with many of the women here that if you pay for the pattern or the magazine, the copyright consents should be clearly outlined BEFORE you purchase it. I cant really expect that any designer would say no if asked to display their design in a show or raffle their work but it should not be on the consumer to ask since they are not the one being paid as a professional. The onus appears to be on the consumer in the law and I personally can see where if I was paying for a magazine subscription that I would feel ripped off if the consents to show were not included as a courtesy. As far as selling I am not so clear. Maybe this is the point that should be made to McCalls who makes the bucks!

  5. #230
    Super Member Dodie's Avatar
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    I wrote to Fons and Porter and just got an answer back and they said we can make any quilt from their patterns and show them we only need permission if we are going to make them for sale or for teaching purposes and I can completely
    agree with this where I had a problem with McCalls saying we cannot even show them in a local fair and even the person putting on the show could be held responsible this did not make sense to me as most of my quilts has 200 dollars plus in them and am I suppose to hide them anyway I am not going to mess with McCalls rules I just canceled them now I am waiting for an answer back from Quiltworld I
    am finding plenty of patterns out there without McCalls rules

  6. #231
    Super Member seamstome's Avatar
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    I totally agree with Fons and Porter's policy. I think these things should be made clear on patterns sold retail also.

    For example, I looked at the current quilt I am making to check out what it says. Niemeyer says the papers, instructions etc are sold as a kit and the papers cannot be reproduced. BUT she never states permissions etc and it would be one more sentence to state her policy on consents to show or sell. Seems a simple courtesy to somebody who is spending money on your product.

  7. #232
    Super Member Dodie's Avatar
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    Also if you want some wonderful designer patterns with no rules except please do not copy her patterns which I fully agree is Laura Heine she is also quite famous and she says no permission needed to show or sell she has wonderful patterns and a couple books that I know about it is
    Fiberworks.com I think that will get her or else [email protected] fiberworks.com I'll keep looking and I know there are lots of places out there

  8. #233
    Power Poster nativetexan's Avatar
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    McCalls sells magazines with patterns in them for us to use for ourselves. to make my own quilt! after that it's up to me what i do with it.

  9. #234
    Super Member justwannaquilt's Avatar
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    Quote Originally Posted by Dorothy Ann
    I retain the copyright and they have provided quilters with my Email address so that the okay to show the pattern in a fair or use it to raffle off to raise money is mine to give They do that because I own the right to do that and the answer without exception has been yes.
    Then why not just print that right along with the pattern? Why would you want someone wasting your time asking you a question that you are going to give the same answer to time and time again? exp. if the answer is always going to be YES? I am sure your time is just as valuable to you as mine is to me. so just publish up front that you do not mind them making your quilt for these purposes and everyone will save a few moments in their day! You saving more than me (or the next person) because you are the one that has to answer numerous emails asking the same question, I on the other hand only have to ask the question ONCE!

  10. #235
    Member tabberone's Avatar
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    Fons and Porter has ONE registered copyright for a magazine in 2000. Assuming they did hold a valid copyright on the pattern or on the design, once they sell you the pattern they have sold you the right to make the item and then sell it. Unless there is a mutual signed agreement stating otherwise. In 1908 the Supreme Court ruled a copyright owner cannot impose use restrictions on something they have sold by simply placing a statement on the copyrighted item. They must have a written contract. Likewise, saying after the sale that there are use restrictions are not enforceable.

  11. #236
    Power Poster ube quilting's Avatar
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    jj's : this is getting interesting! and funny! How far can this go?

  12. #237
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    I guess I am wondering how would they know? There are so many quilts with the same pattern with different names. I would think it would have to be pretty obvious or original pattern for it to have a copyright to one person. Is there any new pattern any more? Most patterns go back to what?....Adam and Eve.


    Quote Originally Posted by LindaR
    the question was: can I enter a quilt I made from a McCalls mag or other mag in quilt show?

    Answer: a quilt show is a public display and therefore only the designer can enter the quilt However you can ask permission. the magazine owns or shares the copyright and should be approached for permission.

    I can't believe this, talk about quilt police...our guild has a local quilt show and wouldn't be displaying anything if this was the correct procedure....unbelieveable

  13. #238
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    Quote Originally Posted by tabberone
    Fons and Porter has ONE registered copyright for a magazine in 2000. Assuming they did hold a valid copyright on the pattern or on the design, once they sell you the pattern they have sold you the right to make the item and then sell it. Unless there is a mutual signed agreement stating otherwise. In 1908 the Supreme Court ruled a copyright owner cannot impose use restrictions on something they have sold by simply placing a statement on the copyrighted item. They must have a written contract. Likewise, saying after the sale that there are use restrictions are not enforceable.
    That is right. Another thing that gets me is embroidery designs. when someone buys and design and doesn't want it anymore and wants to get rid of it by selling it, the designer can say no. If someone buys a house from an architect and then wants to move can the designer say, "you can't do that???" No! I am just speaking out I guess. I sold my machine so I don't do that any more.

  14. #239
    Member tabberone's Avatar
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    Here's another what-if to show just how down right silly that McCalls article was.

    What's their next step? To say you can't make a dress from one of their patterns and wear it to a public event?

  15. #240
    Senior Member Tilladare's Avatar
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    My concern is that we all agree to always contact the mags, designers, what-have-you for permission... How long will it be before we have to include a photo(s) of said quilt to have it appraised before we are given permission to allow it out into the light of day?
    What happens if the designer doesn't like the fabrics you used, or a change you made to the design? Will we then not be given permission if it doesn't "fit the idea" ?
    Sorcha

  16. #241
    Super Member Dodie's Avatar
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    I have been checking and this is only a McCalls thing as I have emails from Fon's and Porters and Quiltworld saying we can show any quilt made from their patterns and Quiltworld also said we could sell them I am waiting to hear back from The Quilter and I also talked to Laura Heine who is a quilt artist, designer, author and teacher and she also said her patterns are to be used I am not going to beg any of these people to allow me to hang a quilt in the fair most of them won't answer anyway and besides there are so many patterns out there that who needs McCalls I canceled them

  17. #242
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    Dodie - Good info to know - Thanks for emailing them and passing it on.

  18. #243
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    In reference to the statement about buying a house from a designer then selling it to move, the plans for a house are copyrighted but it doesn't stop builders from building the house and selling it. They just can't resell the plans! or reproduce the plans and selling them as they're own.

  19. #244
    Super Member Dodie's Avatar
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    I had a wonderful reply from The Quilter also from Fon's and Porter and Quiltworld and we can use all of their patterns and display them seems this is only a McCalls thing so I canceled them and will subscribe to The Quilter

  20. #245
    Senior Member BarbZ's Avatar
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    Quote Originally Posted by LindaR
    I really don't have a problem with the copywright cus I don't think I have ever made a quilt exactly like a pattern. A quilt teacher told me once..."Its your quilt, not mine, change whatever you want" and I do. I'm just wondering if this includes if you use the same fabric???? number of borders??? etc. further in the article it said you could sell a quilt made from someone elses pattern...????
    I read the article and it confused me. They even said you could not even alter the pattern and display it or sell it without permission. Then they said that if you bought the magazine you bought the right. I can fully understand about copying patterns and shareing them among ourselves as that would cut down on how many patterns are sold but wwhen you make your own color choices and tweak some of the patter when you sew it tog. would make it my own. Who knows. :thumbdown: :oops:

  21. #246
    Senior Member JANW's Avatar
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    Quote Originally Posted by LindaR
    the question was: can I enter a quilt I made from a McCalls mag or other mag in quilt show?

    Answer: a quilt show is a public display and therefore only the designer can enter the quilt However you can ask permission. the magazine owns or shares the copyright and should be approached for permission.

    I can't believe this, talk about quilt police...our guild has a local quilt show and wouldn't be displaying anything if this was the correct procedure....unbelieveable
    Here's another article that makes sense so check it out.

    www.tabberone.com/.../CopyrightLaw/Patterns.shtml

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