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Originally Posted by bigsister63
(Post 6096482)
as I was looking for "star" quilts I came across this site that has a discussion on copy-right laws. Very interesting!!! !http://www.nativeamericanstarquilts.net/Patterns.htm Click on "copyright" to read.
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My understanding of copyright law is; when you buy a pattern of any kind you are not buying the rights to that pattern but the use of the pattern, such as a computer porogram you buy, you can't reproduce it and sell it. But I believe there are loop holes such as changing it somewhat, such as a writter can use a % of what someone else has written but can not copy it verbatim.
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Originally Posted by sew_Tracy
(Post 6096639)
I guess I missed it too...I only see where she says it's against the law to reproduce pictures or copy them from her site. But to clarify...I feel qualified being a graphic artist, if credit given to the artist...say I posted a pic of a pattern from that site and said it comes from her and here is the site, totally legal. Don't want to split hairs here. People are allowed to be confused in my book...if not I would be in a jail for confused people!
Tracy, This whole topic makes me so angry every time I read something like her article. The jails would be full of not only confused people but full of "non quilters" since we'd all stop using patterns. They sell their patterns to the LQSs so how can they continue to control everything that happens when people use their patterns. The whole topic has been so overblown. Yet some articles, supposedly from reliable sources, say it's much more open than some would lead us to believe. I recently found a quilt grp. in my area & one of my first questions was what was the attitude about sharing patterns. They all replied "no problem". They seem to feel the same way I do. Once a pattern is sold, they no longer have control over its use. Steamin' Pat |
Originally Posted by Scissor Queen
(Post 6096495)
It doesn't actually matter what Diane wants or says. It only matters what the actual law says. She can claim anything she wants, doesn't make it law. She can also go stand in the garage and claim she's a car, it won't make it so though.
Still steamin' |
I had a friend ask me recently why I don't sell a certain kind of fleece stuffed animals that I make (I give them away as baby gifts) and I told her it was because I think they are too obviously based on a particular book of patterns and I just don't want the hassle of potential copyright issues. She snorted, I snorted...but I'm still not going to sell them. You hear the most bizarre stories of people being sued for less...
Alison |
She has it wrong. When a pattern is sold to you, you can "reproduce" the pattern, but only for your own use. If you make a quilt from that pattern, sell the quilt or enter it into a quilt show however, you need to give the designer credit, just like you would give credit to someone who quilted it, if it wasn't you, or mention all who made the quilt as a collaborative effort. If you designed a quilt pattern I'm sure you would want to get credit for the design.
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I did a little research (love doing it)and found this. According to Copyright laws in U.S.A. "17 U.S.C. ss 102 (b) " In no case does copyright protection for an original work of authorship extent to an idea, procedure, process, system, method of operation, concept, princible or discovery, regardless of the form in which it is decribed, explained, illustrated or embodied in such work"
Pattern is a procedure, process or method of operation for making a quilt, so it looks to me like Diane doesn't have a leg to stand on!!! |
Originally Posted by MargeD
(Post 6099632)
She has it wrong. When a pattern is sold to you, you can "reproduce" the pattern, but only for your own use. If you make a quilt from that pattern, sell the quilt or enter it into a quilt show however, you need to give the designer credit, just like you would give credit to someone who quilted it, if it wasn't you, or mention all who made the quilt as a collaborative effort. If you designed a quilt pattern I'm sure you would want to get credit for the design.
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Originally Posted by mme3924
(Post 6099424)
Exactly. McCall's and Simplicity sell patterns for clothing and people buy them, make the clothing and sometimes sell the clothing made from the pattern. McCall's and Simplicity have no claim on the profit from those sales. But if someone repackaged the pattern and sold it as their own design, then McCall's and/or Simplicity could come after them. Many things are in the public domain and seems to me a lot of quilt patterns are, as the poster who pointed out that a Lone Star is a Lone Star is a Lone Star.
Actually, the actual pattern is not copyrightable. The only thing pattern companies can copyright is the envelope art work and the instruction sheets. |
my 2 cents worth...there is nothing new under the sun...when we draw. sew, build etc. there is usually some where someone who has done something pretty close to the same..copying something to defraud ..best not to do it! This may be the intention of the law..
I make my own designs...lots of times I find someone else has come up with the same. maybe different technique. or some other interesting twist..but..all of us get our ideas from copying something..Discovery of "new" things and how to do them is what makes life worth while in my book..yet each one of us have a unique gift that I find fascinating. Some one has said a good teacher is one who releases the student to go beyond that which is taught to find a more excellent way. Be all you can be and never stop..jump over the obstacles..help each other..don't fight on the way!! :) maybe some old indian said this! I know this old granny did! Happy sewing!! |
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