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

  1. #76
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    I just got a book a wall hangings which said "All finished items produced using this book are protected by Federal Copyright Laws and may not be reproduced for commercial use in any form whatsoever without the written consent of the Author." I emailed for permission to make wall hangings for a Xmas Bazaar and she granted permission for up to 25 wall hangings. How is she going to police this. I really didn't plan on making that many anyway. And if I change anything (which I probably will) it seems they are no longer copyrighted. Reading from some of the websites, it seems there is no copyright except for copying and selling the the pattern for profit!

  2. #77
    Super Member tigger5464's Avatar
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    I'm sorry to admit but I did not read the entire thread and have another related question. If I use a licensed fabric, (I have), I have been told by the judge that you cannot use licensed fabrics without permission from the license holder. John Deere fabrics, college fabrics, Disney fabrics, etc. Anyone know anything about this subject?

    I am sorry if I hijacked this thread but am curious. Thank you for any responses. :D

  3. #78
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    Quote Originally Posted by ekbuckeye
    Seems to me that, if these laws are so stringent, we couldn't have garage sales or donate items we no longer want or need.
    As I understand it, to cite an extreme example, we are not supposed to put our old Mickey Mouse T-shirts in a garage sale.

    Please.

    And notice, some embroidery software says you cannot resell it or give it away.
    .

  4. #79
    Power Poster BellaBoo's Avatar
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    The fabric manufacturer purchased the right to make the licensed fabric and has the right to sell it to consumers. You can use the fabric like any other fabric to make anything display it. Hundreds of raffle quilts are made every year depicting a sports team from purchased licensed fabrics. You cannot design a licensed logo or name without permission. A licensed logo or name like Disney, Coke, sports teams, Green Giant, Taco Bell, etc are protective like gold.

  5. #80
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    Quote Originally Posted by tigger5464
    I'm sorry to admit but I did not read the entire thread and have another related question. If I use a licensed fabric, (I have), I have been told by the judge that you cannot use licensed fabrics without permission from the license holder. John Deere fabrics, college fabrics, Disney fabrics, etc. Anyone know anything about this subject?

    I am sorry if I hijacked this thread but am curious. Thank you for any responses. :D
    The manufacturer will tell you that you cannot use their fabric for anything much outside of your own home.
    The definition of copyright applies to the design, not the product of the design.

    I think the judges just down't want to get into it.

    I'm with you, I support the law wholeheartedly, but not everything we are told is the exact truth, but rather what the manufacturer wants it to be.

  6. #81
    Super Member pittsburgpam's Avatar
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    It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.

    You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued.

    http://www.tabberone.com/Trademarks/...tedMedia.shtml

  7. #82
    Senior Member Ann63's Avatar
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    These copyright laws can be very confusing and misleading. I understood copyright as you could not copy or reproduce to paper pattern itself to sell as your own, not the finished product. If we sell a cake made from a recipe out of Betty Crocker Cookbook, are we suppose to get permission from the publisher to sell the cake. If I add a little more sugar and vanilla flavor, do we call that our original recipe or is it still an original Betty Crocker recipe. Quilt patterns and recipes have been around forever how do anyone truely know if it is original. Is it just possible for many years people were glad to share patterns and recipes and let others twik them to their liking to be called their own.

  8. #83
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    Quote Originally Posted by Ann63
    These copyright laws can be very confusing and misleading. I understood copyright as you could not copy or reproduce to paper pattern itself to sell as your own, not the finished product. If we sell a cake made from a recipe out of Betty Crocker Cookbook, are we suppose to get permission from the publisher to sell the cake. If I add a little more sugar and vanilla flavor, do we call that our original recipe or is it still an original Betty Crocker recipe. Quilt patterns and recipes have been around forever how do anyone truely know if it is original. Is it just possible for many years people were glad to share patterns and recipes and let others twik them to their liking to be called their own.
    AMEN!!!!!

  9. #84
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    As I read everyones opinions and "translation, if you will" it leaves at least me, with SUCH confusion---------what is permitted, what is NOT permitted. If the "law" would SPELL it out in clear layman terms, maybe we all would feel more comfortable.- I had a problem with embroidery designs on ebay - a company was trying to sue me for BIG BUCKS when I had won an auction for 4.99 YEARS before. But last year, I had seen someone who was photocopying patterns from mags and selling those via the site - no one seemed to have a problem with THAT! As friendly quilter pointed out-----why INVEST in ANY quilt magazines when we can't enter the quilts in any shows, or whatever............."I'm soooooo confuuuuuuuuuuuuused!!"

  10. #85
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    It was my belief that you could copy the quilt pattern and display it (and share it) if it was not for personal monetary gain. If it is for a charity quilt show (such as ours and probably yours) I can't see where they would have any objection to displaying.

  11. #86
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    Quote Originally Posted by pittsburgpam
    It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.

    You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued.

    http://www.tabberone.com/Trademarks/...tedMedia.shtml
    Actually that was me suing United Media for terminating six of my eBay auctions where I was selling items made from Peanuts fabrics. I have also sued Disney, Major League Baseball, Debbie Mumm and Sanrio (Hello Kitty) for the same reason. EVERY ONE of these companies wanted to settle rather than fight the case and they all have huge legal budgets and I was representing myself in federal court. They settled in my favor and the Disney, baseball and United Media settlements are posted on my web site. I have a lengthy discourse on Licensed Fabrics on my web site. Licensed fabric refers to the rights owner licensing the fabric to be manufactured and sold; not that the fabric is sold with a license to use.

    www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml

    see also Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66
    www.tabberone.com/Trademarks/PreciousMoments/PreciousMomentsFullCase.shtm

  12. #87
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    Were you referring to the pattern of the fabric only? What about the quilt pattern?
    Quote Originally Posted by tabberone
    Quote Originally Posted by pittsburgpam
    It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.

    You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued.

    http://www.tabberone.com/Trademarks/...tedMedia.shtml
    Actually that was me suing United Media for terminating six of my eBay auctions where I was selling items made from Peanuts fabrics. I have also sued Disney, Major League Baseball, Debbie Mumm and Sanrio (Hello Kitty) for the same reason. EVERY ONE of these companies wanted to settle rather than fight the case and they all have huge legal budgets and I was representing myself in federal court. They settled in my favor and the Disney, baseball and United Media settlements are posted on my web site. I have a lengthy discourse on Licensed Fabrics on my web site. Licensed fabric refers to the rights owner licensing the fabric to be manufactured and sold; not that the fabric is sold with a license to use.

    www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml

    see also Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66
    www.tabberone.com/Trademarks/PreciousMoments/PreciousMomentsFullCase.shtm

  13. #88
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    Quote Originally Posted by ReeneeD
    Were you referring to the pattern of the fabric only? What about the quilt pattern?
    These were not quilts but the principle is the same. The manufacturer cannot control the use of the fabric once it has been released into the stream of commerce. However, it is best to use what I call a Tabberone Disclaimer where you clearly and prominently display that the item is not licensed, etc. I have it on my web site and anyone is free to copy the wording.

    As the lawyer for Major League Baseball argued, there is a difference between a "red light" and "light red". Calling the item a "Disney Quilt" is not acceptable while calling it a "Quilt made from licensed Disney fabric" is. The wording becomes important so people are not likely to be confused.

    As for patterns, once the pattern manufacturer has sold you the pattern, absent a written contract, it is yours to use as you wish. Selling you the pattern is also giving you implied license to make the item from the pattern. There is nothing in the law that gives the pattern manufacturer the right to control what you do with the end product. The Supreme Court settled that issue in 1879.

    Likewise, any design in the pattern has transferred to you by sale. That does not mean you have the right to use that design on other products but only for the item made from the pattern. Nor do you have the right to copy and sell, or give away, the pattern.

  14. #89
    Power Poster Annaquilts's Avatar
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    Quote Originally Posted by BellaBoo
    Money talks. I dropped all quilt magazine subscriptions that did not allow a pattern in their magazine to be displayed after I make it. I don't buy quilt patterns that state do not display or sell the quilt you made from this pattern. I buy quilt books for the instructions how to make a pattern. Instructions are legal to use how you want but you can't copy the pages. EQ7 takes the place of all patterns so it's worth buying and learning. I don't mind at all spending my money on fabric instead of designer patterns.
    Very good point. My husband has been pushing for me to get something like this any ways because with quilting like cooking I tend to do my own thing. Where is one of the best deals to get EQ7?

  15. #90
    Super Member mshawii's Avatar
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    there are very few original patterns out there. i should think that if you say on the papers that the quilt was inspired by a design in a magazine, that that is giving them the credit where credit is due. i also think that a regionsl quilt show would be different than paducah, or houston's show. sorry, no caps here, i am typing with a cast on right hand after thumb surgery on monday.

  16. #91
    JJs
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    Another question:
    If these designers and magazines are so gung-ho on controlling YOUR quilt and what you can do with it after YOU make it, that should be clearly stated with each and every pattern in the magazine...
    For instance, the aforementioned McCalls - there are patterns in there so why not put the copyright notice right there along with the designers name???? On page 64 is a quilt called "Rosie's Wreaths", designed by Pat Sloan... tells you how to make the quilt, tells you how much of each fabric you need, gives you the patterns - NO WHERE does it say, oh by the way, after you make this quilt you can't show it to anybody or that we are going to keep track of you and your quilt for ever...
    On page 34 is a MAPLE LEAF quilt - "designed" by Renee Peterson - You think???? Maple leaf has been around FOREVER...
    Same thing for the quilt on page 26, or the pinwheels on page 20 or the Snowballs and 9 patch on page 46 - oh wait, they changed the name to "Swing Dance" - and now they are claiming this oh so traditional quilt design???????????
    Frankly the whole thing is getting stupider by the minute.

    If somebody comes up with a new, fantastic design (and I've seen some at shows) with a new idea on how to combine colors or something, I can see where they should be credited.
    But this taking old standard squares and sticking a quilt in a magazine and then claiming the 'design' is beyond belief.
    Especially since the squares used in the quilts I just mentioned are ALL IN THE PUBLIC DOMAIN and in the EQ programs AND EQ's copyright info says you can use those squares to your heart's content....

    sheesh

  17. #92
    Power Poster BellaBoo's Avatar
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    I showed the article to my neighbor, an attorney that use to represent a publishing company. He said why would a magazine that depended on quilt designers and makers want to discourage quilters to not buy or use patterns?

  18. #93
    Super Member grandma Janice's Avatar
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    is EQ7 a computor program? is it complicated, Is it expensive?

  19. #94
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    I should be safe then. I never am able to stick to any one pattern. Somehow, I have to change something now matter how much I love the pattern.

    I do personally think that in our world of rights we get wayyy too hung up on copyright laws to the enth degree. I do believe there is a purpose and a place for copyrights but like a lot of things, it has been carried too far.

    JMO :-D

    PS: JJs, I totally agree with you. Like you stated so clearly... I get enough quilting magazines to realize that designers of quilts borrow blocks and put a new twist on it, rename it and now it's theirs? And noone else can make a quilt from it and show it or sell it?

  20. #95
    Power Poster BellaBoo's Avatar
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    EQ7 has is a quilt design computer program. It's simple for beginners and advanced enough for pros. I haven't used half the features on it. EQ7 will import any quilt picture and you can trace a block shape or design on the picture and print out a block or shape any size you want. Color it and arrange it in a quilt layout of your choice. You can design any quilt you want. You can do paper piecing block, appliqué, embroidery, quilting designs, kaleidescope, slash and whack, templates, import pictures of your own fabric to use in your designs. The list is endless. It's well worth the money. The EQ website: Do you EQ has tutorial videos and lots are on Facebook and blogs.

  21. #96
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    If fabric manufactors are going to license fabric and add restrictions, then why the heck do they even make it and sell it in the first place? They tie everyone's hands and then leave us wondering about the laws(which we can't understand anyway since we are not all rocket scientists) and are at their mercy. Does this mean we have to be looking over our shoulder forever because we used a piece of Disney fabric and made the dog a doggy bed and a friend wants us to make them one?? On ebay, there are so many questionable things going on. People copying DCD's and selling them, copying patterns out of magazines, etc. My friend at the fabric store said that if you buy fabric, then make fat quarters, etc out of it to sell on ebay, that is illegal. Honestly, we need a rule book!

  22. #97
    Super Member butterflywing's Avatar
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    http://www.reddawn.net/quilt/copylaw.htm


    second paragraph, number 5


    http://www.electricquilt.com/Support/FAQ/copyright.asp


    electric quilt does not claim copyright to anything except software.



    http://www.quilt.com/FAQS/CopyrightFAQ.html

    try this.

  23. #98
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    Quote Originally Posted by JJs
    Another question:
    If these designers and magazines are so gung-ho on controlling YOUR quilt and what you can do with it after YOU make it, that should be clearly stated with each and every pattern in the magazine...
    For instance, the aforementioned McCalls - there are patterns in there so why not put the copyright notice right there along with the designers name???? On page 64 is a quilt called "Rosie's Wreaths", designed by Pat Sloan... tells you how to make the quilt, tells you how much of each fabric you need, gives you the patterns - NO WHERE does it say, oh by the way, after you make this quilt you can't show it to anybody or that we are going to keep track of you and your quilt for ever...
    On page 34 is a MAPLE LEAF quilt - "designed" by Renee Peterson - You think???? Maple leaf has been around FOREVER...
    Same thing for the quilt on page 26, or the pinwheels on page 20 or the Snowballs and 9 patch on page 46 - oh wait, they changed the name to "Swing Dance" - and now they are claiming this oh so traditional quilt design???????????
    Frankly the whole thing is getting stupider by the minute.

    If somebody comes up with a new, fantastic design (and I've seen some at shows) with a new idea on how to combine colors or something, I can see where they should be credited.
    But this taking old standard squares and sticking a quilt in a magazine and then claiming the 'design' is beyond belief.
    Especially since the squares used in the quilts I just mentioned are ALL IN THE PUBLIC DOMAIN and in the EQ programs AND EQ's copyright info says you can use those squares to your heart's content....

    sheesh
    AMEN!!!

  24. #99
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    So now I have a question about EQ7- do you have to have EQ6 first? the system requirements said you have to have EQ6 before-I forget the rest of what is required from the EQ6 to install EQ7. Does anyone know? If I buy the EQ7 I don't want to have to buy the EQ6 as well-or is this something you have to update every year or so??

  25. #100
    Super Member MistyMarie's Avatar
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    I just had a laugh... I sew clothes for my daughter from patterns I purchase. She "displays" them every time she wears them out in public. I didn't get permission from the pattern designer for that. Guess clothing is different?


    If we cannot take a pattern, use our own fabric and color interpretations and feel like it is "our" creation when we get to the final project, then I feel like I should be asking microsoft permission every time I show a powerpoint slide show because I used their templates and "patterns" to make the shows, even though all the information is mine. Pattern designers might as well be the owners of my quilts then because I don't have the right to even show them off.

    If I paint Donny Dewberry flowers on a shelf, do I need to get her permission to sell the shelf since the flowers were painted by using her book as a resource?

    Why on earth would ANYONE ever want to buy a pattern to make something if they could not really call it their own to do with it what they wanted? How incredibly frustrating.

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