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  • Did anyone else read this in McCall's mag

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    Old 08-26-2010, 12:59 PM
      #231  
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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.
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    Old 08-26-2010, 01:27 PM
      #232  
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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 Laura@ fiberworks.com I'll keep looking and I know there are lots of places out there
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    Old 08-26-2010, 01:37 PM
      #233  
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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.
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    Old 08-26-2010, 08:54 PM
      #234  
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    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!
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    Old 08-27-2010, 04:07 AM
      #235  
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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.
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    Old 08-28-2010, 10:04 AM
      #236  
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    jj's : this is getting interesting! and funny! How far can this go?
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    Old 08-28-2010, 10:15 AM
      #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.


    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
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    Old 08-28-2010, 10:22 AM
      #238  
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    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.
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    Old 08-28-2010, 10:54 AM
      #239  
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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?
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    Old 08-28-2010, 03:23 PM
      #240  
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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
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