patent question?
12-31-2015, 06:42 AM
#11
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Originally Posted by quiltlady1941
If you make the quilt with the same ideas but don't make it exactly the same as hers, like maybe change the figures to say a baby doll, a dog or a cat , when she used a little girl, you wouldn't be making the quilt the same as hers just the same idea, would this still be infringing on her copyrights.
12-31-2015, 07:04 AM
#12
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If she said patent pending then that's very odd unless she created a new way to manufacture fabric. I have EQ7 and it's easy to import quilt pictures and then use the trace feature to outline a block, then convert that to a pieced block. I give myself credit making the quilt and credit to the designer for the pattern design if anyone ever asked. Rarely they ever do. No one really cares. Any quilter interested will say where can I get the pattern for that. I say I went by a picture I saw of the quilt and tell them where to find that.
12-31-2015, 08:11 AM
#13
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Location: SW Washington USA
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The Difference Between Copyright and Patent. Patents refer to an invention, whereas copyrights refer to the expression of an idea, such as an artistic work. They are governed by different rules, so it is important to know which is applicable to your works.
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I doubt she is getting a patent, a quilt is a quilt.
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I doubt she is getting a patent, a quilt is a quilt.
12-31-2015, 10:06 AM
#14
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Making a quilt from a pattern and selling the quilt is 100% NOT copyright infringement. Duplicating/Selling the pattern as your own is copyright infringement. There is absolutely nothing in copyright law that grants this authority to the copyright owner to limit what can be done with the end product made from a copyrighted pattern. Or so says the Supreme Court.
The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution.
Quality King Distributors, Inc. v. Lanza Research Int, 523 U.S. 135 (1998).
And as someone else pointed out a copyright and a patent are 2 different things. There is also difference between something having copyright protection and actually being copyrighted. The copyright protection is automatic while copyrighted requires the pattern be registered with the US Copyright Office.
If you design, copyright, and sell a quilt pattern you have every legal right to prevent someone from duplicating and selling the pattern as their own. You have zero legal recourse if someone makes 1,000 quilts from your pattern and sells the quilts. Even if the pattern itself says you cannot do such, it is not enforceable by law.
The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution.
Quality King Distributors, Inc. v. Lanza Research Int, 523 U.S. 135 (1998).
And as someone else pointed out a copyright and a patent are 2 different things. There is also difference between something having copyright protection and actually being copyrighted. The copyright protection is automatic while copyrighted requires the pattern be registered with the US Copyright Office.
If you design, copyright, and sell a quilt pattern you have every legal right to prevent someone from duplicating and selling the pattern as their own. You have zero legal recourse if someone makes 1,000 quilts from your pattern and sells the quilts. Even if the pattern itself says you cannot do such, it is not enforceable by law.
12-31-2015, 10:26 AM
#15
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PATENT refers to an INVENTION!
COPYRIGHT refers to something published, such as a pattern or quilt design!
You are not infringing on a copyright if your design is only inspired by or imitating another's design of which you have seen a picture. No way could your design be exactly the same as hers unless you bought her pattern and copied it.
COPYRIGHT refers to something published, such as a pattern or quilt design!
You are not infringing on a copyright if your design is only inspired by or imitating another's design of which you have seen a picture. No way could your design be exactly the same as hers unless you bought her pattern and copied it.
12-31-2015, 01:21 PM
#16
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Thanks Quilting Cat, all it said was patten pending, and that she didn't have a pattern for sale, so I guess she hasn't made a pattern to sell yet.. I didn't know the different in copyright and patent, thanks for the information on this, I'll have to think on this, if I still want to make some for our hospital, also thanks for letting me know about making a quilt that was inspired by someone else and to couldn't be the same in less you copied the pattern..
also thank everyone for your input on this..
also thank everyone for your input on this..
Originally Posted by quilting cat
PATENT refers to an INVENTION!
COPYRIGHT refers to something published, such as a pattern or quilt design!
You are not infringing on a copyright if your design is only inspired by or imitating another's design of which you have seen a picture. No way could your design be exactly the same as hers unless you bought her pattern and copied it.
COPYRIGHT refers to something published, such as a pattern or quilt design!
You are not infringing on a copyright if your design is only inspired by or imitating another's design of which you have seen a picture. No way could your design be exactly the same as hers unless you bought her pattern and copied it.
12-31-2015, 05:49 PM
#18
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Location: Houston, TX
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Originally Posted by dunster
If the design is original, it is copyright protected and you should not copy it. However, most quilt designs are not original. In most cases (but not all) the copyright applies to the pattern instructions and illustrations, not to the quilt design itself. If the quilt is made up of blocks in the public domain (and most blocks are), you can copy the quilt without any problem. An applique design is more likely to be original and protected by copyright. Patents don't apply to quilt patterns.
Cashs mom - the copyright police may not have shown up - yet - but Disney is very serious about prosecuting people who copy their images. That is their intellectual property, and they make serious money from it, so they protect it.
Whether you change something a little, or whether you sell it, or whether you show it, has no bearing on whether you're copying someone else's work without permission. You will probably never be caught, but you will still be cheating. Even if you purchase a pattern, you still technically need the copyright holder's permission to show a quilt made from that pattern in a show. (Permission is almost always given.)
Cashs mom - the copyright police may not have shown up - yet - but Disney is very serious about prosecuting people who copy their images. That is their intellectual property, and they make serious money from it, so they protect it.
Whether you change something a little, or whether you sell it, or whether you show it, has no bearing on whether you're copying someone else's work without permission. You will probably never be caught, but you will still be cheating. Even if you purchase a pattern, you still technically need the copyright holder's permission to show a quilt made from that pattern in a show. (Permission is almost always given.)
If you aren't selling a product for profit there is no way they can legally keep you from copying it for your own use. I know Disney is rampant about protecting their images, but if they are not used to make money there isn't much they can do about someone using them. Images are on the internet. If you print one out and stick it on the wall, Disney can't sue you for that. They can only sue you if you use the image for advertising or profit.
12-31-2015, 07:37 PM
#19
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Location: Bellevue, WA
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Originally Posted by cashs_mom
Nothing is copyrighted until you actually go and have it copyrighted. There is a procedure similar to patenting.
If you aren't selling a product for profit there is no way they can legally keep you from copying it for your own use. I know Disney is rampant about protecting their images, but if they are not used to make money there isn't much they can do about someone using them. Images are on the internet. If you print one out and stick it on the wall, Disney can't sue you for that. They can only sue you if you use the image for advertising or profit.
If you aren't selling a product for profit there is no way they can legally keep you from copying it for your own use. I know Disney is rampant about protecting their images, but if they are not used to make money there isn't much they can do about someone using them. Images are on the internet. If you print one out and stick it on the wall, Disney can't sue you for that. They can only sue you if you use the image for advertising or profit.
Trademarks and patents do need to be registered, which is quite a long involved and very expensive process. Like others have said, it is unlikely someone could patent a quilt unless there was something about the structure or material that was unique. A quilt could include trademarked images like Disney, NFL logos, etc. which could make it illegal to profit from their sale. but what is copyrighted for a quilt pattern is only the written instructions and pictures.
01-01-2016, 01:47 AM
#20
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Originally Posted by dunster
If the design is original, it is copyright protected and you should not copy it. However, most quilt designs are not original. In most cases (but not all) the copyright applies to the pattern instructions and illustrations, not to the quilt design itself. If the quilt is made up of blocks in the public domain (and most blocks are), you can copy the quilt without any problem. An applique design is more likely to be original and protected by copyright. Patents don't apply to quilt patterns.
Cashs mom - the copyright police may not have shown up - yet - but Disney is very serious about prosecuting people who copy their images. That is their intellectual property, and they make serious money from it, so they protect it.
Whether you change something a little, or whether you sell it, or whether you show it, has no bearing on whether you're copying someone else's work without permission. You will probably never be caught, but you will still be cheating. Even if you purchase a pattern, you still technically need the copyright holder's permission to show a quilt made from that pattern in a show. (Permission is almost always given.)
Cashs mom - the copyright police may not have shown up - yet - but Disney is very serious about prosecuting people who copy their images. That is their intellectual property, and they make serious money from it, so they protect it.
Whether you change something a little, or whether you sell it, or whether you show it, has no bearing on whether you're copying someone else's work without permission. You will probably never be caught, but you will still be cheating. Even if you purchase a pattern, you still technically need the copyright holder's permission to show a quilt made from that pattern in a show. (Permission is almost always given.)
But cheating?
And as to why you have to have permission to show a quilt in a show--that's one I simply don't understand. If someone doesn't want you to make their quilt pattern and "show it off", whether informally or formally, I simply don't understand why they make a pattern. And I don't understand why the copyright extends to the quilt in that case and doesn't stop with the pattern ("first sale" doctrine). I guess the industry is being 'hypervigilant"
I know that some say that the quilt IS the pattern--but unless it is unique--...........truly unique--so probably nothing made up of triangles and squares and rectangles...they've been around a long, long time. Applique, yes...
As to the OP's question...is the quilt truly unique? IOW, is it really the designer's "original" work?
I've seen stuff attributed to a person nowadays and then looked at older magazines (90's) and seen the same pattern in it--and no attribution by the person that it isn't really original.
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