Quiltingboard Forums - Another copyright discussion

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Sad - I feel bad that someone has to be that paranoid.

I think that many designers go too far, way to far in trying to protect the rights that they may or may not have. The bottom line, nobody became rich by selling quilts at a local market. Nobody! I love the blogger from Cluck Cluck Sew who tells you to go on and make quilts from her patterns and sell them. She hopes by doing that her small business will help another small business at least a little bit. Now that is class!

I don't understand how Dianne can "claim" this is HER design, the design is a Lone Star, which has been around for many years.

I'm just saying... If I purchase a pattern, make a quilt from that pattern, want to take a picture and post a picture of the product I made, I will. To me that's why she makes patterns and that's why I would buy one. If she wants to claim I can't do that, whomever would just have to take me to court.

What I won't do is a tutorial on making the quilt or make copies of the directions to pass among other quilters. I get the fact she wants to sell her pattern. She needs to get a grip. She's selling a pattern which is not a finished product and the finished product is the owner's. Now if I was making money off the finished the product, I could see she would entitled to a cut of the $$.

Quote:

Originally Posted by bigsister63 (Post 6097420)

This subject is always good for discussion! Did you ladies read the entire info given on this site? I think that much of her info is correct. Also she lists several other sites with agreeing info. Dianne specifically says that you may not post pic if it is to SELL a quilt made from a pattern. When you make a quilt from a copyrighted pattern you are in essence "copying" that pattern /"reproduced in the finished product"so you can not sell the quilt . However you can ask for "Permission" to sell quilt and f you get it then you can proceed. Check you books and patterns. Most have the same copyright information. I have one book that says " it is permissioible for the purchaser to creat the designs contained herein and sell hem at fairs, bazaars, and craft stores"There are hundreds of patterns that are consided "public domain" and can be used to sell quilts with no infringement on copyright laws.

Copyright laws DO NOT extend to items made by other people from patterns you have sold. It does NOT matter what someone states on a website or in a book. The actual law is all that matters and the actual law does NOT extend rights beyond your own work product or "creative expression." She is selling patterns with the expectation that people will make items from those patterns. What they do with those items is not within her control or rights. You do not need her permission to sell a quilt made from a pattern you bought.

The exception is if you copy an original work of art that is copyrighted. An original painting, drawing or photograph can not be copied in fabric without permission from the copyright holder.

I looked at her patterns. I don't see a single one that's truly original. They're all variations of a Lone Star.

That is why I always try to come up with something original or something different. No one can say I copied anything!

Quote:

Originally Posted by pocoellie (Post 6097500)

I don't understand how Dianne can "claim" this is HER design, the design is a Lone Star, which has been around for many years.

Thanks, Pocoellie -- I was having a senior moment and couldn't think of "Lone" Star. At least I got the right state! And I've made two of them! (I wonder if Diane will fuss at me :D )

Quote:

Originally Posted by bigsister63 (Post 6097420)

Read what ckcowel said. She is right. But the easiest way that I can put it is that if I buy a pattern, make the quilt, the end product (the quilt) is MINE and I can do with it what I want with it. The pattern is what is copyrighted, not the quilt. I think that is where people who write patterns get confused, and think that the quilt made from that pattern is still their work. It's not, it's my work. I have read copyright rules from an article written by a lawyer, and this is what I took from it. I'm not saying that I am 100% right, just that this was what I understood.

Quote:

Originally Posted by Grace creates (Post 6096628)

I don' t get something about this. The only thing she is saying you cannot copy her pattern, or am i missing something. Her stars ares exquiste.

she says on the copyright page that you can't even take a picture of the quilt and post it to sell the quilt (like on Ebay or Etsy or whatever). You can take a pic of it and put it on your own website but not for the purpose of selling it.

I think the copyright law states that I cannot take her "pattern" and reprint it and sell it as my "pattern". I believe a ruling was recent made where a seller sued a buyer because an item was made from the sellers pattern and then the item was sold by the buyer. I think the judgement was that the seller was selling and item that was expected to be made by the buyer, hence, why would the buyer purchase the item to start with? Buyer won case because buyer expected to make the pattern since that is what a pattern is, by definition "instructions to make or execute a design". I may be misguided, but I do not buy patterns to sit in pretty boxes to be admired.