Not to keep stirring the pot, but....
09-04-2010, 10:00 AM
#221
Member
Join Date: Jun 2010
Location: DeFuniak Spgs., FL
Posts: 88
Originally Posted by jackie o.
I also subscribe to a few magazines, and have made quilts from the patterns that they showcase (with exact instructions, I might add). I understand if I buy a pattern at a shop or show that I should not make copies to give to anyone. But, what would happen if someone else bought the pattern and fabric, gave both to me, and paid me to make the quilt? Is that copyright infringement because I "sold" the quilt I made from the pattern he/she bought?
Does anyone have experience being paid to make a quilt from a purchased or magazine pattern?
I'm confused as to the message the magazines are sending to us.
Does anyone have experience being paid to make a quilt from a purchased or magazine pattern?
I'm confused as to the message the magazines are sending to us.
09-04-2010, 10:46 AM
#222
Administrator
Join Date: Nov 2006
Location: Southeast Georgia, USA
Posts: 9,091
i read a very interesting interpretation of the law the other day. it has completely changed the way i look at the question of whether or not we can or should sell things made from protected patterns. i hope you'll read the whole thing for yourselves but the essence is that by making a quilt from the pattern you are, in fact, making a copy of the quilt upon which it's based. the only difference is the medium used to reproduce it.
http://www.quiltingbusiness.com/quilting-copyright.htm
that makes a great deal of sense to me from an ethical perspective. i have decided for myself that - even if i could prove in court that the interpretation is incorrect - i would be doing something ethically wrong in selling a copy of sombody else's work.
http://www.quiltingbusiness.com/quilting-copyright.htm
that makes a great deal of sense to me from an ethical perspective. i have decided for myself that - even if i could prove in court that the interpretation is incorrect - i would be doing something ethically wrong in selling a copy of sombody else's work.
09-04-2010, 11:04 AM
#223
Junior Member
Join Date: Apr 2010
Posts: 282
Originally Posted by mpspeedy
As a former member of a professional quilt association I can see both sides. With the advent of the longarmers the biggest problem I see is that their work is not being credited to them. I have a friend who is also a handquilter for hire. She did a quilt for a woman who won first place for "handquilting" at Paducha. The problem was she failed to tell the judges that it was not her work. When my friend objected the customer replied that she had paid her so the work belonged to her.
...
...
09-04-2010, 11:12 AM
#224
Senior Member
Join Date: Jul 2007
Location: New England
Posts: 821
Originally Posted by sewgull
Should we be careful when we purchase food. Might be in small print for "FAMILY USE ONLY". Would that be cheating if we had a guest for a meal?
piney
09-04-2010, 03:26 PM
#226
Super Member
Join Date: Feb 2010
Location: Wisconsin
Posts: 1,152
I guess we are all who sell crafts at fairs going to be in trouble.
What next?
What next?
09-04-2010, 03:31 PM
#227
Super Member
Join Date: Feb 2010
Location: Wisconsin
Posts: 1,152
Originally Posted by 2ursula
Not so fast.
Not everything anybody publishes has copyrights attached to it.
I can e.g. in my own words write about the fun I had making my first quilt (doing it three times over), explaining how to do it right after losing that crazy idea that it is easy as pie and a full-sized quilt can be done in a day.
I can write how I finally learned to make Ohio stars without mangling the corners.
I just cannot go ahead and take somebody else's report on his/her experience and reproduce it as my own. Who would want to do it anyway.
An attorney couldn't have said it better. Best "Stirring the Pot" explanation I've read yet. Why not put it to bed with Ursula's comment.
If you want to write your own quilting instructions in your own words the way you think is right, then go ahead. Doing it does not infringe on anybody's rights, copyrights or any other rights.
The operative words are "reproducing somebody else's UNIQUE ideas" and "NOT COMMONLY KNOWN".
There is no legal way of claiming copyrights or patent rights on COMMONLY KNOWN or COMMONLY AVAILABLE patterns.
That's it.
If you can prove that the patterns/blocks you use have been used for decades by thousands of quilters you will be fine. Nobody will find a lawyer who will take you to court for it. They know that they will lose every time.
You cannot claim rights on commonly known facts, products or procedures. (Think about it. This would be rights based on a craft that has developed in the public domain.)
Just don't reproduce the entire quilt stitch by stitch and sell it by the dozens. Always remember. The indignated designer can only sue you for the DAMAGES he can prove. (Nobody goes to jail for copyright infringement and you pay punitive damages only if somebody can prove bad intent.)
Let's all go have fun quilting.
Leave the designers dreaming about pie in the sky (like making money on a quilt design that has been around in many variations since the Civil War.) Meanwhile, you create something unique and beautiful the way people have done for centuries.
Not everything anybody publishes has copyrights attached to it.
I can e.g. in my own words write about the fun I had making my first quilt (doing it three times over), explaining how to do it right after losing that crazy idea that it is easy as pie and a full-sized quilt can be done in a day.
I can write how I finally learned to make Ohio stars without mangling the corners.
I just cannot go ahead and take somebody else's report on his/her experience and reproduce it as my own. Who would want to do it anyway.
An attorney couldn't have said it better. Best "Stirring the Pot" explanation I've read yet. Why not put it to bed with Ursula's comment.
If you want to write your own quilting instructions in your own words the way you think is right, then go ahead. Doing it does not infringe on anybody's rights, copyrights or any other rights.
The operative words are "reproducing somebody else's UNIQUE ideas" and "NOT COMMONLY KNOWN".
There is no legal way of claiming copyrights or patent rights on COMMONLY KNOWN or COMMONLY AVAILABLE patterns.
That's it.
If you can prove that the patterns/blocks you use have been used for decades by thousands of quilters you will be fine. Nobody will find a lawyer who will take you to court for it. They know that they will lose every time.
You cannot claim rights on commonly known facts, products or procedures. (Think about it. This would be rights based on a craft that has developed in the public domain.)
Just don't reproduce the entire quilt stitch by stitch and sell it by the dozens. Always remember. The indignated designer can only sue you for the DAMAGES he can prove. (Nobody goes to jail for copyright infringement and you pay punitive damages only if somebody can prove bad intent.)
Let's all go have fun quilting.
Leave the designers dreaming about pie in the sky (like making money on a quilt design that has been around in many variations since the Civil War.) Meanwhile, you create something unique and beautiful the way people have done for centuries.
09-04-2010, 08:23 PM
#228
Super Member
Join Date: Feb 2010
Location: Minnesota
Posts: 1,098
Originally Posted by pinecone
After reading all of tabberone law suits etc there are a lot of false claims out there of copy right and just plain greed! It is a real shame that they are so stuck on themselves that they can't see the harm of what they are doing. I really believe that the copy right needs to be rewritten to meet the present times and the language needs to be straight forward so there are no loop holes. No wonder most of our products are being manufactored in foreign countries and sold to the USA. Now we know from this why our economy isn't thriving....lack of manufacturing and also jobs.
09-04-2010, 08:49 PM
#229
Junior Member
Join Date: Aug 2010
Location: Hurst, TX
Posts: 126
AMEN!
After reading all of tabberone law suits etc there are a lot of false claims out there of copy right and just plain greed! It is a real shame that they are so stuck on themselves that they can't see the harm of what they are doing. I really believe that the copy right needs to be rewritten to meet the present times and the language needs to be straight forward so there are no loop holes. No wonder most of our products are being manufactored in foreign countries and sold to the USA. Now we know from this why our economy isn't thriving....lack of manufacturing and also jobs.
Originally Posted by Deborah12687
Originally Posted by pinecone
After reading all of tabberone law suits etc there are a lot of false claims out there of copy right and just plain greed! It is a real shame that they are so stuck on themselves that they can't see the harm of what they are doing. I really believe that the copy right needs to be rewritten to meet the present times and the language needs to be straight forward so there are no loop holes. No wonder most of our products are being manufactored in foreign countries and sold to the USA. Now we know from this why our economy isn't thriving....lack of manufacturing and also jobs.
09-04-2010, 08:49 PM
#230
Junior Member
Join Date: Aug 2010
Location: Hurst, TX
Posts: 126
Originally Posted by Miss Patsy Jane
AMEN!
After reading all of tabberone law suits etc there are a lot of false claims out there of copy right and just plain greed! It is a real shame that they are so stuck on themselves that they can't see the harm of what they are doing. I really believe that the copy right needs to be rewritten to meet the present times and the language needs to be straight forward so there are no loop holes. No wonder most of our products are being manufactored in foreign countries and sold to the USA. Now we know from this why our economy isn't thriving....lack of manufacturing and also jobs.
Originally Posted by Deborah12687
Originally Posted by pinecone
After reading all of tabberone law suits etc there are a lot of false claims out there of copy right and just plain greed! It is a real shame that they are so stuck on themselves that they can't see the harm of what they are doing. I really believe that the copy right needs to be rewritten to meet the present times and the language needs to be straight forward so there are no loop holes. No wonder most of our products are being manufactored in foreign countries and sold to the USA. Now we know from this why our economy isn't thriving....lack of manufacturing and also jobs.
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