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  • HELP! how does sharing a pattern work?

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    Old 03-12-2010, 12:22 AM
      #11  
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    Originally Posted by BellaBoo
    If there is no copyright symbol or copyright statement on the pattern then you can share.
    that's no safe indicator. what if there was a statement and the first pirate removed it? you have no way to know.

    a block pattern has two major elements: (1) the block itself; and (2) the instructions for making the block. there are hundreds, if not thousands, of blocks in the public domain (not under copyright). so you can use a public domain block without anybody else's permission. HOWEVER, the instructions are probably protected unless they were written before the 1970s (and then it gets really complicated.)

    a quilt pattern consists of the block(s), the way they're arranged (the layout), and the instructions. there are different schools of thought about whether a designer can slap a copyright on a layout made entirely of public domain blocks. i read somewhere that a few designers have won that argument in court. in any case, we are still left with the instructions.

    most people share. i used to but don't anymore. i put myself in the designer's shoes now.

    if a designer is giving away a pattern, it's usually to attract attention to the things she/he offers for sale. if we just pass around her patterns, we're taking away her opportunity to benefit from the pattern. why not just tell people where we got it and let them get their own legal copy?

    if a designer is selling the pattern and we give away copies of it, then we are stealing from her/him. it really is that simple.

    here's my personal "rule of thumb": if i didn't write the instructions, and there is no statement that gives permission to make and pass out copies to others, then i don't do it. if i know the block is in the public domain, then i write my own instructions and decide for myself whether or not to share them.
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    Old 03-12-2010, 04:24 AM
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    Thanks, Patrice! Well said.
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    Old 03-12-2010, 06:22 AM
      #13  
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    Actually, copyright in detail is tricky, and can differ quite a bit depending on which country you are in.

    For instance as a general rule, in European countries copyright exists irrespective of whether or not the creator placed a copyright notice on their work.

    I'd say if in doubt, respect another person's creation and assume there may be copyright protection! It's what I want to happen with my own work, so it's what I want to do for others as well. Just another 2c. :-)
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    Old 03-12-2010, 07:00 AM
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    I believe that the copyright is more along the design aspect unless its a true NEW block. A lot of blocks have resurfaced and adapted to a certain color scheme, etc. I don't know if you can copywrite a pattern that originally came out in the 1800's for free?
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    Old 03-12-2010, 07:31 AM
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    what pattern is it
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    Old 03-12-2010, 08:42 AM
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    My neighbor's son works at a publishing company. It is a well known company. He said they seldom take copyright cases to court unless profit/credit is being made illegally. Too expensive and nonsensical to sue Aunt Jane for copying a pattern from a book to give to Grandma Sally. For what it's worth, it should be a matter of what is the right thing to do, not what you can get away with.
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    Old 03-12-2010, 09:14 AM
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    Originally Posted by sewcrafty
    I believe that the copyright is more along the design aspect unless its a true NEW block. A lot of blocks have resurfaced and adapted to a certain color scheme, etc. I don't know if you can copywrite a pattern that originally came out in the 1800's for free?
    This is a question that keeps coming up, and I think it's because we don't have specific terminology to refer to a design (by which I mean specific blocks with or without a layout) vs. a pattern (by which I mean a printed or digital description that shows and/or describes those blocks and possibly tells how to make them). (Those are my definitions, for now.)

    Let's say that I write out instructions for making a quilt using just rectangles and flying geese. I obviously can't copyright the blocks themselves. Let's say the layout I describe is just alternating blocks, so I can't copyright the layout. However - my pattern itself, consisting of my original instructions (including any pictures of my quilts that I put in the pattern), is under copyright protection. And it doesn't matter whether I "published" the pattern.

    Now anyone can still make a quilt using alternating blocks of rectangles and flying geese, and anyone can write up her own instructions to make it, and she can sell her own instructions as a pattern, or give them away, but she cannot copy MY pattern (no matter how unoriginal the contents are) without my permission.
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    Old 03-12-2010, 09:16 AM
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    Originally Posted by BellaBoo
    For what it's worth, it should be a matter of what is the right thing to do, not what you can get away with.
    I agree with you completely.
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    Old 03-12-2010, 12:33 PM
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    Originally Posted by dunster
    Originally Posted by sewcrafty
    I believe that the copyright is more along the design aspect unless its a true NEW block. A lot of blocks have resurfaced and adapted to a certain color scheme, etc. I don't know if you can copywrite a pattern that originally came out in the 1800's for free?
    This is a question that keeps coming up, and I think it's because we don't have specific terminology to refer to a design (by which I mean specific blocks with or without a layout) vs. a pattern (by which I mean a printed or digital description that shows and/or describes those blocks and possibly tells how to make them). (Those are my definitions, for now.)

    Let's say that I write out instructions for making a quilt using just rectangles and flying geese. I obviously can't copyright the blocks themselves. Let's say the layout I describe is just alternating blocks, so I can't copyright the layout. However - my pattern itself, consisting of my original instructions (including any pictures of my quilts that I put in the pattern), is under copyright protection. And it doesn't matter whether I "published" the pattern.

    Now anyone can still make a quilt using alternating blocks of rectangles and flying geese, and anyone can write up her own instructions to make it, and she can sell her own instructions as a pattern, or give them away, but she cannot copy MY pattern (no matter how unoriginal the contents are) without my permission.
    That's interesting, I'm doing a quilt for my sister. The center is a watercolor (went to a class and taught this techq.), machine applique of my own, plus a border of twisted ribbon and then finishing with another border (probably a scallop, not decided yet). So I've put a number of different techiques, styles, etc. does this make it my own or copywrited because of the watercolor center? Also, what if I sit down and draft up something original to me that's been done before?
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    Old 03-12-2010, 04:26 PM
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    Originally Posted by Quilt Mom
    Thanks, Patrice! Well said.
    yes, thanks
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