Sadiemae

The problem is what side each attorney works for...

AbbyQuilts

Until this matter is specifically herd in a court of LAW it will be up for interpretation.

Thats why it takes lawyers years of schooling to become one so they can argue even when things seem clear.


Just as McCall's has a lawyer saying what we cant do.
I could find a lawyer to say that we can do anything we want with a quilt pattern other then sell the pattern.



I will go with my original assumption and that is you can not copyright a useful good (ie: clothes, blankets, purses)
They can copyright the pattern it self (the hard paper) so no one could copy and sell that.
If they want to say that its artistic then I would argue that it would have to be able to be separate from the quilt to copyright and that if they do have a copyright on that I would argue that it is implied consent to make their art work since they put out a pattern.
But thats just all hypothetically if I was ever in that situation.


I do know a Lawyer his field is not Copyright but maybe I can give him a call and forward him the copyright stuff and see what he makes of the legal mumbo jumbo.

I wasn't going to bother him but I think I want to know.

hobo2000

It is exactly like music. Everytime a record is played on TV or radio that station pays ASCAP or BMI money for playing that music. That's why its illegal for kids to download from underground sites for free and listen and pass on music because the people who made the recordings are being cheated out of their just payment. The designers make their money by charging us a price to USE their pattern for our own quilts. It is illegal for me to give you a copy of the pattern or make a quilt from the pattern to sell. That is making money off someone else's Intellectual Property. However, if I design a quilt and it uses a new block I came up with plus some old timy blocks, I can get a copyright on the entire design. No one really "gives" you a copyright. You go on line fill out the form and submit it with your money and you have your copyright.

Deborah12687

The U.S. Constitution provides the legal basis for the grant of copyright protection in the United States. According to the Constitution, "Congress shall have power...to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Copyrights and patents are the only forms of intellectual property with an historical basis in the Constitution. All other forms of intellectual property rely on common or statutory law for their authority.

Learn More
•How Trademarks Work

•How Intellectual Property Works

•ScienceChannel.com: Top 10 Accidental Inventions


Over the years, Congress has enacted a number of statues that define the rights that authors have in their creations, but all of these statutes derive their authority from the Constitution. In this article, you will learn what a copyright is and how it comes into existence.

A copyright protects the expression of an idea. Unlike a patent, which protects the idea itself, a copyright protects only the expression. The idea for a new mouse trap can be protected by a patent while the expression of that idea through drawings, pictures and words can be protected by a copyright.

A copyright comes into existence as soon as the work is fixed in a tangible medium of expression, so copyright exists in a work as soon as the author completes the music composition or play. The author of the work initially owns the copyright. However, ownership of the right may be transferred to others. If the work is created by an employee, the employer is considered to be the author and owns the copyright as a work for hire.

As the owner of the copyright, the author has the exclusive right to make copies of the work, display and perform the work publicly and to distribute copies of the work to the public. These exclusive rights last for the life of the author plus 70 years. The copyright in a work made for hire, however, lasts for a fixed term of 95 years from the date of the work's creation.

In order to qualify for copyright protection, a work must be original to the author. To be original, the work:

1.must have been independently created by the author rather than being copied from other work(s) and
2.must have at least a minimal degree of creativity
If these two conditions are not met, the work will not qualify as original and is not entitled to copyright protection. However, a work still qualifies for copyright protection if it includes non-original elements. For example, if an author rearranges non-original elements in an original way, the compilation will be considered original and qualify for copyright protection.
It is important to note that a copyright protects only the expression of an idea. It does not protect any functional features or characteristics of the work.

This is what I came up with from one website on copyright. Atleast it gives some idea how it works.

user15356

I guess rule #2 is our answer............

quilterguy27

Thanks Deborah! This helped clear the muddy water a bit. I don't know if I'm just dumb or what, but I STILL don't get it. Is there a way to interpret this into laymans terms so we can all understand it?

I know I'm not that dumb. I've been college educated. I know it can't be just me that can't grasp this concept. I've read so many articles and statutes and stories on this website and that concerning copyright laws and who can do what and I'm just as confused now as ever. I really think they do this on purpose just to keep us confused. If we don't understand it, maybe we won't challenge it.

Bobbin along

Well, just for the record, my avatar is called Fireworks, and it was designed by Renee Peterson. It does have elements of New York Beauty, but believe me, there is a whole lot of creativity that went into this. I asked her permission to use it on line (I made the one shown here) and she told me to "Go forth and show people what you are doing!" It is copywrited and appeared in McCall's mag at the end of the year, 2009.

There now my conscience is clear! Thanks, Renee!

Deborah12687

Just wanted to say you are not the dumb one here nor any one else on this board. For the life of me why can't they spell it out in plain language....they are the dumb people by making things so complicated. I am really tempted to send a letter to McCalls maybe we should "ALL" write a letter.

Conniequilts

This will tick lots of people off I am sure (and I apologize ahead of time).

Can any of you, who have copyrighted your patterns, prove you have NOT ever repeated a naturally created pattern from someone back in the 1800's? Before copyright laws existed?

If you can't, then how can you copyright it, how can you call it original?. It is not someone else's work and you are "stealing" credit from them?

Are you calling it original because you took "their" original blocks and placed them in a differnt order?

I don't know, I'm sure someone is now angry with me and wants to argue and I apologize, but am thinking nothing is original cuz it all started WAY BACK WHEN.

Just my right or wrong thoughts again, don't hate me :(

quiltmaker

Don't worry I agree with you 100%!!!!!!