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

  1. #51
    Junior Member judith ann's Avatar
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    I posted this to my blog not to long ago.

    Over on the quilt site someone posted a site on line that tells it like it is. Read at your leisure.
    It is very informative and in normal language I could understand with back up court cases.judy j
    http://www.tabberone.com/Trademarks/trademarks.shtml

  2. #52
    Super Member Doreen's Avatar
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    How do I know if my design is original? If I make a quilt with a star and add another block do I call it an original. I read the McCalls article and I have questions. What if I use different material/color or maybe I used a different way to make the quilt? I ran into a situation where someone accused me of copy right infringement. The instructions were wrong and I wrote my own instructions and changed the color placements.

  3. #53
    Super Member TexasGurl's Avatar
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    I read this same article in McCall's - and it struck me as pretty funny - as I browsed through THEIR magazine and saw a number of quilt "designs" that were VERY much like quilts I've seen in many OTHER publications .... !! :roll:

  4. #54
    Power Poster Lacelady's Avatar
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    Quote Originally Posted by costumegirl
    Quote Originally Posted by Lacelady
    So could I or couldn't I put my Jane Stickle reproduction quilt in a show without the wrath of whoever coming down on me? And if I could, what information should I put with it?
    That's a good question! Many of those blocks are very old patterns and are in the public domain.

    If these blocks were rearranged in a different order/placement and in different colors would that be considered infringement? Would permission be required because they were gathered and put in a book? Can someone claim ownership to a block in the public domain because they put it in a book?

    For example, there are lots of Log Cabin designs that have been used by many Designers who have then published a book. Do they each claim right to that pattern? If I make a Log Cabin quilt and display it or sell it, do I have to contact the multitude of people who have published the Log Cabin block for permission even though it is in the public domain? I probably would not.

    With the DJ, I guess if you call it a Baby Jane or DJ with reference to the book, you probably do have to get permission. If you call it something else and have changed the layout, colors, used EQ to plan your quilt and some of the blocks/design who knows?
    I have labelled my quilt as being a reproduction of a quilt orignally made by Jane Stickle in 1863. I have no intention of mentioning 'DJ' or 'BJ' because I understand a certain person regards those terms as her copyright.

  5. #55

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    I didnot see the article in McCall's, however, I only look at the ideas such as the colors used and then I go the EQ 5 and pull out patterns that are in the public domain to be used as my quilt pattern . I will also change the cutting of the pattern if I feel it is too difficult for me to rotary cut.
    Hosta lover

  6. #56
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    I'm not a lawyer, and I only know what most people know about copyright law, which isn't much. However, I've been making quilts for the Alzheimer's Art Quilt Initiative and I often see the work of others that I'd like to use in one of those quilts. I've had really good luck simply asking permission to use something I see. Most people are very gracious and the internet makes it simple to track people down. It's irritating to have to do so, I know, but I don't begrudge designers getting paid for their work either. Everyone needs to make a living somehow. I'm not particularly artistic or imaginative and so I'm happy to pay designers for their work. If I want to copy something, I just ask. Most people give their permission readily. And if they don't, then I decide whether they'll get any more of my money in the form of purchasing their patterns.

  7. #57
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    Yes, I read that too and had an eye-popping moment. But another part of that article struck me as well. (From memory) Techniques cannot be copy-righted. Didn't know that either.

  8. #58
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    I have made inquiries to a few sites:

    Here is the reply I received back from Marcus Fabrics (who, by the way, have fnatiastic free patterns)!:

    "Thanks for your note. This is fine as long as the quilt design is not mass-produced for sale. We would appreciate a credit to the quilt designer on the back label, i.e., "Quilt design by ____ for Marcus Fabrics"

  9. #59
    Senior Member Sewze's Avatar
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    Quote Originally Posted by Jeandrig
    I have a question... How do you find the McCalls quilting magazine on line? Some have said they prefer this magazine. So I was hoping to view it.
    You can try: QuiltersVillage.com or [email protected]

  10. #60
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    so now I have a question: What about those patterns that say you have permission to make up to 20 copies of the finished product. no kidding- I saw this in a magazine and wondered how in the world they would know how many I made? and if I made 21 instead of 20, what happens to me?? Anyone else seen this, and if so, what's the deal???

  11. #61
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    http://www.quilt.com/FAQS/CopyrightFAQ.html

    Interesting article - not from the US tho - 'wonder if it is the same here???????????????

  12. #62
    Junior Member POosterman's Avatar
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    If everyone starts asking for permission, i bet they would get real sick of it pretty quick.
    So, if a doctor takes your appendicts out and something goes very wrong, Do you sue the doctor or the guy that wrote the text book on how to perform an appendectomy?
    Sheer and udder stupidity.
    I know. Victorian quilts slapped my hand for offering to send someone a copy of a quilt pattern from a 1988 magazine.. So does that mean it's illegal to share your magazines with a friend? I guess I better put them under lock and key.

  13. #63
    Super Member ladyredhawk's Avatar
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    thats the most stupidest thing I have ever heard. If I made a quilt and put it in a mag i would do so people could make their own. OMG

  14. #64
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    Actually people cannot tell you, unless it is the trade show people themselves, that you cannot take pictures. It falls under the public view area. I'm an amateur photographer and have done work for newspapers. You can take pictures of the quilts and sell those pictures as they are considered news worthy.

    It is a no no however if you take an artistic shot showing only the quilt. You can do an artistic shot with the quilt in it, if the quilt is not the primary point of the shot but has a point in the shot. Same with statues, or stained glass.

    Legal photographers handbook is the source.

    While copyright protects people I do have to agree, sometimes this is going way beyond the pale and into the ridiculous area.

  15. #65
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    You do not need to register copyrights for it to be considered a valid copyright. It just helps in sueing people if you do.

    Again you can find this out in the photographers legal handbook.

    Also McCalls may not have the copyright to them, but it may be under the original designer. Who may or may not have the money to sue.

  16. #66
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    The copyright only comes into play when you try to sell it. Making it to give away will not get you into trouble.

  17. #67
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    Quote Originally Posted by TexasGurl
    I understand the aspect of copywright - but I also have a real problem with McCall's (or any other publication) saying that permission must be requested from a "quilt designer" - for QUILTS THAT ARE JUST VARIATIONS OF TRADITIONAL, COMMON, LONG-USED BLOCK PATTERNS
    Aren't these considered to be in the public domain ???

    EVERY magazine out there is today has ENDLESS variations of 9-patches, log cabins, churn dashes, stars, on and on ... (books & patterns too)
    Many of these "designer" quilts only differ from another in the actual FABRICS used
    How can ANOTHER churn dash or 9-patch variation etc be called an ORIGINAL design ???
    What really constitutes a ORIGINAL quilt design today ??? :roll:
    Very good point.

    Sorry guys I just saw this feature :oops:

  18. #68
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    Quote Originally Posted by garysgal
    so now I have a question: What about those patterns that say you have permission to make up to 20 copies of the finished product. no kidding- I saw this in a magazine and wondered how in the world they would know how many I made? and if I made 21 instead of 20, what happens to me?? Anyone else seen this, and if so, what's the deal???
    It is one of the reasons I won't buy embroidery software, if I should ever get an embroidery machine.

  19. #69
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    Quote Originally Posted by POosterman
    If everyone starts asking for permission, i bet they would get real sick of it pretty quick.
    So, if a doctor takes your appendicts out and something goes very wrong, Do you sue the doctor or the guy that wrote the text book on how to perform an appendectomy?
    Sheer and udder stupidity.
    I know. Victorian quilts slapped my hand for offering to send someone a copy of a quilt pattern from a 1988 magazine.. So does that mean it's illegal to share your magazines with a friend? I guess I better put them under lock and key.
    Actually I think if you buy the magazine, like in a book you can copy portions of the magazine but not the whole thing. So sending a copy of something is ok.

    It's not anymore illegal to share a magazine with a friend any more then it is illegal to share a book or cd.

  20. #70
    Senior Member Ann63's Avatar
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    catmcclure
    I went to the University of Nebraska-Lincoln site, how did you get the pattern, could not find a PDF file to download

  21. #71
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    I don't know. I feel both ways about this one.

  22. #72
    Member Becca's Avatar
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    I was planning a backyard quilt show for this fall. Does this ruin my plans? If quilt pattern designers do not want you to use their patterns why publish them?

  23. #73
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    Yes, I read that article too, and it just so happens that I am planning to hang a quilt in a guild show in October. The quilt is from the Day & Night book by Eleanor Burns. My quilt is at the LAQ right now, but I called the Quilt In A Day store in San Marcos, CA....not that far from me, and asked for permission.
    The woman I spoke with said that Eleanor is happy to have her quilts in any show, she is glad we bought her book, and made her quilt. She said no written permission was necessary, but that I should acknowledge where the pattern came from, which I would do anyway. I suppose each designer could have different views on this subject.
    Sue

  24. #74
    Super Member pittsburgpam's Avatar
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    I know that a designer who sells a pattern CANNOT tell you what you can do with what YOU make from that pattern... EVER! Once they sell that pattern you can do anything you want with it other than copy and sell the pattern itself.

    What really burns me is that to enter a quilt in an AQS show, and you made the quilt from a commercial pattern, you have to get permission from the designer. THAT IS NOT THE LAW but I guess they can make any RULES they want.

    I rarely use commercial patterns anyway since I enjoy using traditional blocks in different arrangements.

  25. #75
    Super Member pittsburgpam's Avatar
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    Quote Originally Posted by Becca
    I was planning a backyard quilt show for this fall. Does this ruin my plans? If quilt pattern designers do not want you to use their patterns why publish them?
    No, it doesn't ruin your plans. Read the link on the first page of this thread. Despite what designers try to tell people, they CANNOT tell you what you can do with something you make from their pattern.

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