joe'smom

I won't be naming names, but I was shocked recently when I received a mailing by a designer promoting her new fabric line, and her featured fabric was almost an exact copy of a fabric from another designer's fabric line that came out some months ago, which I had particularly noticed because it was so lovely and unique. My thought was that I might be angry if I were the designer of the earlier fabric, although they do say that 'imitation is the sincerest form of flattery.'

I made me wonder if fabric designers have ever sued each other for copyright infringement (because I believe these designs are copyrighted). I know that in the music industry, you're allowed to have so many bars of notes that are identical before you're guilty of copyright infringement.

quiltsfor

For the most part, in this day and age designers would be hard pressed to come up with an entirely different fabric design that hasn't been done before or close to it. Fabric designs have been out since people started making and wearing clothes, whether it is button placement or a flower. There are only so many types of flowers, lines, circles, colors that there are bound to be close calls. Just because someone made a fabric with yellow roses 1" in size, doesn't mean they have rights over anyone else using yellow roses 1" in size. How many designers use polka dots, just because one designer used them doesn't stop others from using polka dots. And there are only so many colors as well. Even a slight change makes it a completely 'new' design, whether it's thread count, color, size, shape. For instance, how many colors of blue are there, that someone doesn't make a fabric the same solid blue as someone else. I also guess, it would depend on how unique the fabric design is and how many changes, even slight the design is. For that matter, I have no idea how copyrights on fabric works or how long it lasts.

Just like fiction books. Basic ideas and story lines have been used over and over again.

cashs_mom

That's true, Ru There really is very little that's new under the sun.

Onebyone

The manufacturer of the fabric line has the say so of what is reproduced under their brand. Moda for instance has many designers that have very almost alike designs sometimes. I guess different designer have different contracts with the brand and may have control over their designs and others don't.

joe'smom

Of the fabrics I was referencing, the two designers design under different manufacturers.

RN-Quilter

Maybe they are not aware of each other, so help them out by sending each an email - then they can sort it out amongst themselves?

Tartan

You would think that a fabric manufacturer would check before opening themselves up to a possible law suit?

lindaschipper

My thinking runs along the same as Quiltsfor 's thinking. Coming up with something completely new and never seen before is near impossible. I'm also sure that the manufacturer suggests what colors they want to promote in a given year and how many thousands of yards they will make from a design.
I coudn't come up with a completely new design, in a new color, or size print that hasn't been done before and doubt if anyone else reading this could either. Give them a break!

Stitchnripper

Has anyone ever heard of a quilt fabric designer sued for copyright infringement? I googled and couldn't find anything. Not saying it doesn't exist, but, nothing showed up for me. Maybe isn't an issue in the fabric world as it is in the pattern/instructions world.

Onebyone

I doubt it matters much because only a few designs have more then one run printed. When that run is sold out, the design is not printed again. The rights to the design may go back to the designer who can sell them to another designer? I'm sure the ins and outs are known by all involved.