Another copyright question...
 

I asked this on another thread but it was the wrong place:
1. If I copy a block, such as "Swoon" in EQ7 and make a quilt with it, am I infringing on someone's copyright? Am I obligated to send them money? (I'm just using this as an example as it's a fairly distinct pattern.)
I ask this because I've been drawing a lot of blocks in EQ7 and doing a lot of different versions of coloring them.
How am I to know if I've got something that is copyrighted somewhere? I have no plans to sell any patterns but this question has been bothering me. I may get inspiration from a block I see, then fool around with it and end up with another block that is copyrighted.
When I was learning to quilt I make a quilt in a class. We all used the same pattern and similar fabrics. Someone I knew said that it was nice but she had designed her own quilt and (because she doesn't sew and never quilted) "just" had someone sew it for her. She said she even picked out her own fabrics. This was meant to be a left-handed compliment (given the source) but I just bit my tongue! What I'm guessing happened is that she saw a quilt she liked, asked someone if they could make it but add more of a certain block or something, then went with the woman to a quilt shop and selected the fabrics with her. I don't consider that she "designed" the quilt anymore than my picking out the colors and options for a new car means that I designed the car. (Okay, maybe that's a little much, I admit.)

I don't know the answer to this one either. My friend and I were shopping one day and saw a pretty quilt. We started to take a picture and were asked to leave the store. It really hurt my feelings. I don't remember now why we tried to take a picture, but the lady made us feel like thieves. I didn't even quilt at that time, so I never meant to "steal" her pattern. My guess is if you intentionally copy someone's pattern exactly without their permission, you infringe on the copyright. If you make some changes, then it would be your new pattern. There are so many quilt patterns out there now, how can we possibly know if a pattern is copyrighted?

It's all about 'ideas'. An idea cannot be copyrighted.

For example, think recipes. Quilts patterns and recipes are similar. It is a copyright infringement to copy the written pattern and to represent or sell that pattern as my own. Just like it would be against the law for me to copy down a recipe and represent it as my own recipe or to sell it as my own recipe. However...I can use that recipe anytime I want...I can even sell those cookies that I made from it...no copyright infringement. ....

If I tweak the recipe in a decidedly and substantial way and write that tweaked recipe down in my own words, I have not broken copyright law.

If I take a quilt idea and am inspired to make a quilt that is similar but decidedly different in a substantial way. . . that quilt is mine.

However...the key words are decidedly different in a substantial way. You can't make a minor change and call it yours.

It's all about ideas.

However...that being said...I'm with Shazeeda...don't worry about it...just keep on quilting. :)

most, if not all, of the blocks that come with EQ are in the public domain.
read the manual for clarification. in EQ7, they discuss the issue clearly on the first page after the Table of Contents.

if you buy any of the companion software make sure to read those manuals, too.

making minor changes to a copyright protected design makes yours a derivative.
it does not relieve you of liability under the law.
the owner of the first design could legally lay claim to your derivative and would likely win a lawsuit.

The answer is no and no. A simple arrangement of squares, rectangles and triangles can't be copyrighted in the first place. The pattern *instructions* are copyrighted. No you don't need to send them money.


Still not a copyright violation.

You violate "the right to copy" when you take somebody else's written instructions, change the name to your name and copy and sell it.

It is not a copyright violation. Did you copy words or sentences , or take an image to the copy machine, from a published document that has copyright protection? Then the answer is no , you are not violating any copyright laws.
Let just suppose for a moment you see a dress at the Academy Awards and the next day you dupicate that dress... its not a copyright violation. If it was many many companies would spent most of their days in court, as those "one of a kind " dresses are often dupicated within days and sold in major department stores.

How can the Swoon pattern be copyrighted when it's just a slight variation of
the Dutch Rose block?

Thank you all! One of the reasons I bought EQ7 was to be able to just have fun arranging and drawing blocks.

When it comes to copyright, it's dangerous to try to compare one thing with another. Patterns or designs for articles of clothing fall outside copyright laws. Lists of ingredients for making food (the major part of a recipe) can't be copyrighted either. Applying common sense to copyright is often an exercise in futility.

Yet, I think copyright is very easy to understand in regards to quilting. Don't copy someone's original work. Don't make copies of any published/printed pattern without written permission from the copyright holder. (If it's published somewhere, it's automatically under copyright protection.) Technically you're also supposed to get the copyright holder's permission to display a quilt made from her pattern, but that is seldom done except for major quilt shows. (I think it's unlikely that the copyright holder would complain about the display of a quilt made from her pattern, as long as you give her credit for the design.) That's about it.

Thank you. I checked your ebay link and that pattern is beautiful and sure looks original to me! Now something like this really can be seen as a copyrighted pattern as it is a distinct pattern and not something that just says "cut 5 inch squares of fabric...". Some of the other patterns being sold don't seem to have that original piece to them so for them it must just be the directions that they can claim as unique. Certainly you're not claiming the copyright on the log cabin block but on your particular variation. And it isn't just a matter of your saying something like "make a log cabin block that is 20 inches square" and claiming that as your variation. But I'm also not well-educated on patterns and so if your pattern was published elsewhere but you had just put a different shape to the quilt (your hexagon border), would that make it "yours"? I think not and if someone took your pattern and varied it just a little, it would not be theirs either.

If it is only for your own use is it really a problem????

The envelope art work and the written instructions in clothing patterns are copyright-able.

However, there is absolutely nothing in copyright law about getting permission to display a quilt you made with a pattern you purchased.

As I understand it the violation of copyright mainly has to do with monetary gain (or loss of the same by the copyright holder) from claiming someone else's copyrighted work as your own.

Also as has been pointed out so many of the actual blocks used in anyone's quilt are traditional ones that have been around longer than most of us have been alive.

there is such a thing as intellectual property, which means ideas that hold copyright. i am not an attorney, so i can't give any advice on the matter. if in doubt, contact an attorney; otherwise, use common sense and hope you are correct.

copyright can expire, but i am not sure how long that would be for any given material.

Not sure if this is any help, but I used was taught (art) by someone who had previously worked in the fashion industry. She said that regarding clothing sold in major stores that was a 'copy' of a catwalk design, the general rule was that 'five small things' had to be changed from the original garment. This way, it was not considered a 'copy', even though they looked extremely similar - the alterations could be as tiny as putting different buttons on, or a different stitch along a pocket.

I wanted to take a photograph of a wall quilt at the Houston show one time. The booth attendant asked me not to and said it was against the rules. The fear was that I'd take the photo and make my own pattern. Instead, she gave me some handouts with much nicer photographs of that quilt and several others. I really didn't have the heart to tell her that I could make a much better pattern from her handout than I ever could with my photograph.

I had this happen to me once too and I had just purchased the pattern from that shop. I took the pix to remember the color selection they had used on the shop sample because it was much more attractive than the colors used on the pattern jacket. I was so embarrassed and my friend was in tears. I told the clerk who had just checked us out what I was doing and she still was horrid to us. Needless to say I don't shop there anymore.

That made me laugh. I can so see that happening!

The Swoon block is on blogs all over the web. You can probably find a dozen tutorials for it. I don't see anything wrong with playing with the layout in EQ and then making the quilt. I wouldn't worry about it.

The person that told you that didn't know what they were talking about. Clothing is not copyright-able at all. You can make an exact copy of any clothing item and not violate copyright. Trademark however is a different thing. You can not make a clothing item and put CC or LV all over it if you're not Coco Channel or Louis Vitton.

my quilt instructor told me that if you take a pattern you like and want to make your own spin on it, you need to change it by at least 30% from the original...then it becomes your own. Sometimes when I find a purse or bag pattern I like, the instructions can be horrible. I showed her how I had to rewrite the instructions (for myself) then end up making a lot of changes to the pattern, she said it's now my pattern because of the amount of changes made. The bag looks similar but quite a bit different from the original. Not sure if this helps or not but thought I'd pass this along.

EQ7 is a program designed to allow you to create. Selling someone's intellectual property using your name is illegal. Using a program designed to allow you to create your own design is not infringing on someone else's rights.

That is for sure. What crazy reasoning she had for not taking pictures! I guess people are really insecure. With so many design ideas out there, a person who wants to design and not buy their own patterns, will. Designers need to realize that and just market their stuff to people who don't want to design their own and don't worry about the rest.

Restricting pictures because you might copy it? That's pretty crazy, IMO.

Perfect explanation! i would be half of these quilts are not copyright..Its more someone does not want them to copy their work. I feel it is the best form of flattery myself

Sometimes picture taking is restricted at shows also to protect quilts too. Also picture taking does make sense at times. And people do copy designs from pictures all the time so it can impact pattern sales in MHO. But it should be handled in a civil way. If you buy the pattern, the rule should be bent so that you can take a photo. Usually at booths at quilt shows, you are also asked not to take photos.

.

When we visited the quilt museum in Paducah, we were told not to take photos......I could understand the "flash".....who uses cameras anymore, anyway, daughter used her smartphone, was seen doing that and was told to cease or leave.....needless to say she ceased. Just wanted to show them to friends back home...as we were leaving we noticed a "book of quilts" being sold at front desk....go figure!

Considering the nature of the product (EQ) the use of the blocks in the program are yours to do with as you wish.

I took a class in copyright law during my legal career. There are different restrictions for different things and different expiration dates for copyrights. For quilting it is very long time. The key word regarding art/quilting is COPY. Also if a designer wants to pursue legal action, he/she must have the copyright actually registered. Most homegrown quilters do not. Putting the copyright symbol is not enough. Also techniques i.e. paper piecing, fusible applique, binding, etc. cannot be copyrighted, only the written word. Designers have no defense by making statements such as, you can only make one, you cannot give this away, etc. etc. there are some fabric companies you dont want to take a chance with if you are planning to sell items as they have the resources to pursue legal action and they do! I.e. Disney and national sports teams. I "heard second hand" that if someone walks into Disneyland with a homemade item made with a character fabric, they will confiscate it. Notice that in Joanns their chacter fabric is in a separate section. Instead of asking legal type questions here try google for more accurate info. Google quilt copyright law and you will get several choices. This one is pretty straight forward. http://www.tabberone.com/Trademarks/...Quilting.shtml

The other thing is about the moral factor. When I teach quilt classes from a pattern, I think it is only fair to the designer to have class members buy the pattern. I refuse to COPY a pattern or change it with other wording and hand it out. I must say though that I think the price of hand scribbled 2 xeroxed pages has gotten out of hand!

Your quilt instructor is wrong, just plain wrong. If the derivative work (your 'changed' version) can be identified as being derived from the original work at all, it is a copyright violation. There is no set amount of change involved.


As a general rule, for work created after January 1, 1978, it is the life of the copyright holder plus 70 years.
http://copyright.cornell.edu/resources/publicdomain.cfm

It is only a violation if you are selling them for a profit.

All this conflicting advice. I think if you really want a correct answer, check with an attorney. It may cost you something to consult an attorney, but at least you will have a valid answer.

If you know the name of the designer or the name of the block/quilt, couldn't you just include that info. on your label? This is what I do and if I didn't I'd feel like I was trying to steal what someone else had created. If you aren't selling the quilt, I don't see this whole thing as a problem.

The general rule is that you cannot copyright anything that is not a "creative work."

A quilt block in itself, for example a 9-patch block, is not copyrightable since it is not an original creative work. However,
you can copyright the instructions for making that block, because your explanation of how to assemble the block is considered creative. If you make lots of 9-patch blocks and set them into a quilt, using different fabrics, etc., or alternate them with other blocks then maybe the quilt as whole could be considered a creative work, and if you made an exact copy of the quilt and tried to claim it was your original work, there would be copyright issues. But the person claiming infringement would have to show that it was more than an arrangement of blocks, that there was some creativity involved in that particular arrangement -- you can't just make lots of blue and white nine patch blocks, assemble them into a quilt, and claim that no one else could do the same because it is your original work. Again, you can copyright the instructions that you write which explains how to make the quilt, but that doesn't copyright the quilt itself.

Also, you cannot copyright a title, so you can call a quilt, or a book, or a movie anything you want without worrying about it.

As to recipes, it is similar to quilt blocks -- you cannot copyright a list of ingredients, but you can copyright your instructions on what to do with the ingredients.

The block in question is a variation (by fabric choice) of the Carpenter's Star traditional block. It's a FREE pattern....not sure why on earth people pay for a free traditional pattern other than they haven't done any research. I'd say good luck to anyone trying to file a copyright infringement on this one. http://www.quilterscache.com/C/Carpe...heelBlock.html

All your question can be answered here. http://www.tabberone.com/Trademarks/...Quilting.shtml

Lets stop second guessing what is right or wrong. Too much false info goes around.

Thank you!
This is very informative and fascinating! (also funny: "some designer named Kate Spain") :)

Okay, I have a question about copyright. If your friend has a pattern for a small wall hanging and you search and search and it is not available any more. Can't find anyone who is selling it and can't contact the designer can you copy it and make it for just your own use?

If you are planning on printing and selling patterns and you are concerned about copyright violation because the patterns may be derivatives, I strongly recommend you get a good copyright lawyer.

Many of the blocks in EQ are public domain due to their age and what would be original copyright would have expired. The EQ website has extensive information on what patterns cannot be sold commercially. Additionally, anything provided by EQ is licensed for personal use by virtue of the fact that you paid for the software. Anything you create by playing around with the blocks is your own product.

Typically speaking, personal use is not considered a copyright violation so I would not worry about it. Have fun with your quilts. Seriously, is someone going to pursue an expensive lawsuit against a home quilter because they made a quilt that is similar? No, they're going to sue a commercial business, because commercial businesses have money.

As far as recipes are concerned, a list of ingredients cannot be copyrighted under law, but the instructions and commentary before and after can, along with pictures and original graphics. (As I understand it).

Obviously, I'm not an expert but from what I've been reading on the web, besides the consensus of "go for it", to be legal you could buy that old pattern from your friend (for whatever price she will sell it for). It is then yours to sew with and to do with the finished product as you wish. You may sell the wall hanging(s) if you so desire. I'm basing this on the information from tabberone in the link above provide by snipforfun.
By far (to me) the most interesting thoughts on this subject come from Leah Day: http://freemotionquilting.blogspot.c...terrorism.html

I think the reason in some shows that you are not allowed to take pictures, is because the quilts are antiques, and old, they keep them in darker areas, and do not allow taking photos of them, because the light can damage them over time. They do it to protect the quilts from being exposed to the light.