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Thread: Not to keep stirring the pot, but....

  1. #126
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    This is quite true. It is not allowed to copy something as is or in part.
    However, nobody can keep you from using a common language (common design elements) to express the same work (work of art) in your unique way.

    You cannot copy a painting by Paul Klee brush stroke by graphic element. People do have a rightful commercial interest in a particular unique painting but NOT in a style of painting.

    However, YOU CAN paint in the same style using the same style elements in your way.

    A quilt is a work of art. The artists use common generally known elements. These elements are NOT copyrighted like language cannot be copyrighted (copying somebody's assay is a totally different matter. Claiming copyrights on the elements in a work of art and claiming infringement because somebody used commonly known and commonly available (not new or unique) elements is not as easy as some designers would like the public to believe.)

  2. #127
    Super Member rexie's Avatar
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    I think if you design a pattern and then publish it worldwide, then it is for the world to use as they see fit. Just my opinion.

  3. #128
    Super Member madamekelly's Avatar
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    I stopped buying quilt patterns or magazines. This way, anything I do is MINE! I gave credit on the label of my 'Happy Hearts' quilt, to the person I bought the precut from, the lady who LQ ed it, and myself. Unlike others...quiltzilas...I don't have the ego it takes, to not share credit.

  4. #129

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    The copyright laws will not let you get away with making just a change to the design. And no, you can't do it and call it your own from the picture. These people deserve to be paid for their creativity. All you have to do is have each person print they mystery or block instead of copying it for everyone. I thought quilters were honest people who played by the rules. Magazines wouldn't have the statement if they weren't being broken by many people.

  5. #130
    Power Poster Sadiemae's Avatar
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    Quote Originally Posted by QuilterInVA
    The copyright laws will not let you get away with making just a change to the design. And no, you can't do it and call it your own from the picture. These people deserve to be paid for their creativity. All you have to do is have each person print they mystery or block instead of copying it for everyone. I thought quilters were honest people who played by the rules. Magazines wouldn't have the statement if they weren't being broken by many people.
    They deserve to be paid for their creativity, they don't deserve a royalty everytime I sell a quilt!

  6. #131
    Super Member Carol W's Avatar
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    Thanks for all the information.

  7. #132
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    I think that if we are all worried and confused and wondering the sales of quilt books and magazines will go down... and patterns too. I am sure that is not what they are looking for as I am sure they like to have our money. I purchased a pattern recently, which I rarely do anymore, and then a few days later found a similar one in a magazine on my shelf. It is probably on the internet too! How confusing! Face it, I could happily quilt for the rest of my days on the free stuff from the internet and old books I have collected over many years.

  8. #133
    Super Member Candace's Avatar
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    I very rarely buy patterns, magazines or books anymore because there are so many free ideas on the net. I have probably 10 years worth of work ahead of me that I could just sit locked in my room and have all I need! I get so much inspiration from this board and I typically do my own thing anyway. I don't worry about copywrites because I follow the rules in regards to pattern purchases and not sharing them with others. I second the idea of being more creative, and finding inspirations from free "stuff" on the net that can't come back and bite you later. Plus, if you think it up on your own, it's all yours. Another bonus!

  9. #134
    Google Goddess craftybear's Avatar
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    Let's all get creative and start designing our own cool quilts!

  10. #135
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    Quote Originally Posted by TexasGurl
    Quote Originally Posted by bearisgray
    There are some patterns and designs that appear to me to be truly original.

    Where things get stuck in my craw is when someone takes old stand by blocks - like 9-patch, shoo-fly, variable star, rail fence - and then claims a copyright for the pattern.
    That's what bothers me the MOST too - I don't care to sell quilts or enter a lot of shows - but I DO have a real problem with "quilt designers" making very repetitive quilts with nothing more than triangles, nine-patches, strips, stars or snowballs etc and claiming they are their ORIGINAL patterns & designs ???
    Come on, these traditional blocks have been around for 150+ years ... in the public domain, to be used & enjoyed by ALL
    Unless it is someone's hand-drawn, pictorial pattern or applique design, it's pretty silly to consider anything else an "original" design :roll:
    You are so right. it seems to me they are stealing from the past and making us pay for it
    :( :( :(

  11. #136
    Super Member Debra Mc's Avatar
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    Haven't read all the post yet but I did read the article. I think it was a load of crap. Just 2 pages over from article there was a quilt pattern by some gal claiming it was her orginal & was a pattern that had been many times over. Not hers. Maybe the fabric selection was hers but the pattern has been around for years. When I read the article I thought lady you don't know what you are talking about. She needed to read the copyright laws because she was totally not quoting them right.

  12. #137
    Super Member Debra Mc's Avatar
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    Quote Originally Posted by fmd36
    Wait until you get into machine embroidery.....copyrights up the kazoo. They monitor what is selling on ebay and craig's list and will come after you if you innocently buy a design. Luckily many are extremely generous with free designs. Buyer beware.
    Dakota is really limited on their stuff if it is licensed, personnel use only. I think you can sell the other stuff. Anita Goodesigns will allow you 50 & you have to have permission for more. Are you saying that people are selling used designs & the buyer is getting in trouble for buying used stuff?

  13. #138
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    In 1908 the Supreme Court ruled that a copyright owner cannot place use restrictions upon their product by simply printing on it limitations absent a written contract. In 1879 the Supreme Court ruled that a copyright on a dress pattern did not extend to the end product (The Supreme Court did not rule on the validity of the copyright for the dress pattern as that issue was not before the Court).

    Not one of your major pattern companies holds a registered copyright on an individual pattern for clothing. Not one of the major pattern companies posts use restrictions for their patterns on their numerous web sites (McCall’s has 13 web sites). Not one of the major pattern companies has filed a federal lawsuit that has gone to trial over the use of clothing patterns or over what is made from them. What does that tell you about the so-called right of the designer to limit your use of the pattern once it has been sold to you?

  14. #139
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    Quote Originally Posted by tabberone
    In 1908 the Supreme Court ruled that a copyright owner cannot place use restrictions upon their product by simply printing on it limitations absent a written contract. In 1879 the Supreme Court ruled that a copyright on a dress pattern did not extend to the end product (The Supreme Court did not rule on the validity of the copyright for the dress pattern as that issue was not before the Court).

    Not one of your major pattern companies holds a registered copyright on an individual pattern for clothing. Not one of the major pattern companies posts use restrictions for their patterns on their numerous web sites (McCall’s has 13 web sites). Not one of the major pattern companies has filed a federal lawsuit that has gone to trial over the use of clothing patterns or over what is made from them. What does that tell you about the so-called right of the designer to limit your use of the pattern once it has been sold to you?
    Drum roll please. Thank you, Thank you.

  15. #140
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    Quote Originally Posted by Conniequilts
    I don't generally weigh in on topics like this but it has been consistent and confusing.

    This is my view point (right or wrong) - I have paid for the pattern so what I make with it is my business and what I do with it after that is my business.

    I understand I should not re-sell the pattern and especially not for a profit. I also have no problem with respecting not copying it and sharing it with others.

    I strongly believe their control over a quilt should END with the purchasing of the pattern.

    Just my thoughts ;)
    I agree completely!

  16. #141
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    Quote Originally Posted by cafegold2
    Once published , isn't a pattern in the public domain and therefore no infringement on a copyright. Any attorneys in the house to guide us?
    This is Not true.
    Once published, it belongs to the designer for 75 years, or 90 years, or whatever someone mentioned is the rule.

    Publication does not equal free nor copyright free.

    Of course, this applies only to the Pattern, not the products (actual quilt) of making the pattern.

  17. #142
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    Quote Originally Posted by PatriceJ
    instructions they write and illustrate showing us how to make those quilts.
    So right. That's what is copyrighted.
    We have to separate in our minds the quilt from the instructions for the quilt.
    Like El Burns' printed shortcut methods, and Marti Michelle's printed shortcut methods, and Karen McTavish's written methods for feathering -- These are copyrighted.
    Not the quilts we make from them.

    .

  18. #143
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    Quote Originally Posted by Zoe
    Here's where I think this magazine was wrong.
    Indeed.
    And not to mention they aren't making any friends with all their anal restrictions.

  19. #144
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    Quote Originally Posted by amandasgramma
    She said "I know, but the person reading this may not know it's a worthless statement".......
    A person's work is their own by assumption. They do not even have to make the statement.
    On the other hand, PROVING it in a court would mean having the legal registration paperwork to back up the claim.
    So Yes it's true the website's contents are copyrighted, but in a contest over it, proof might be costly and hard to do.
    .

  20. #145

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    I belong to 1 site that is forever cautioning about using her patterns for other than personal use and there is even a site that tells how to report seeing her patterns used for the purpose of selling the item. Another site that I buy patterns from has my name at the top of the page as a reminder that it was sold to me and that "copying and distributing" is prohibited and it is for personal use only. I don't like that, but I do like their patterns because I can download them immediately!

  21. #146
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    Quote Originally Posted by Candace
    I have probably 10 years worth of work ahead of me that I could just sit locked in my room and have all I need!
    Lordy lordy, ain't it the truth.
    Me too.

  22. #147
    Power Poster Sadiemae's Avatar
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    Quote Originally Posted by Miss Patsy Jane
    I belong to 1 site that is forever cautioning about using her patterns for other than personal use and there is even a site that tells how to report seeing her patterns used for the purpose of selling the item. Another site that I buy patterns from has my name at the top of the page as a reminder that it was sold to me and that "copying and distributing" is prohibited and it is for personal use only. I don't like that, but I do like their patterns because I can download them immediately!
    I think that is terrible for any business to do!!!! Asking for tattletales!!!

  23. #148
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    Quote Originally Posted by TexasGurl
    Quote Originally Posted by bearisgray
    There are some patterns and designs that appear to me to be truly original.

    Where things get stuck in my craw is when someone takes old stand by blocks - like 9-patch, shoo-fly, variable star, rail fence - and then claims a copyright for the pattern.
    That's what bothers me the MOST too - I don't care to sell quilts or enter a lot of shows - but I DO have a real problem with "quilt designers" making very repetitive quilts with nothing more than triangles, nine-patches, strips, stars or snowballs etc and claiming they are their ORIGINAL patterns & designs ???
    Come on, these traditional blocks have been around for 150+ years ... in the public domain, to be used & enjoyed by ALL
    Unless it is someone's hand-drawn, pictorial pattern or applique design, it's pretty silly to consider anything else an "original" design :roll:
    Here's another "Texas Girl" who agrees with you too!!! :D :D

  24. #149
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    Ugg!!

  25. #150
    Dee
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    Super Member Dee's Avatar
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    I am not going to suscribe to any of the magazines. They all seem to repeat and repeat the same patterns. They only lace the pieces different. When you pay for the suscription you also buy the rights, I thought. I agree- these patterns have been around for hundreds of years.

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