Another Copyright Question
 

I just read this thread with interest https://www.quiltingboard.com/main-f...e-t298253.html in terms of someone looking for a particular pattern. Lots of people offered help about saving a copy of the picture, the fact that it was a log cabin block with a certain colour placement. Essentially, negating the necessity of purchasing a pattern for the quilt if it even exists out there somewhere. I gather the log cabin block is an old block probably beyond copyright law, but what about the colour placement. I’ve seen several threads where people have seen a quilt on Pinterest and said I just figured it out without the pattern and made it.

So I have a couple of questions as I recently saw a FB post commenting about, sorry can’t remember the exact wording, but it was like intellectual property and the example quilt looked to me to be a Storm at Sea quilt where the pattern designer had used specific colour placement to create heart shapes and selling the pattern. Now to me, if I own an SAS pattern and I change the colour scheme, have I created an original pattern based on the colour scheme alone? Am I expected to buy this persons pattern because I liked their colour scheme?

Secondly, if I also “figure out” a quilt and make it for my own personal use, without financial gain, and give credit as inspiration for example here on the forum, is that okay?

i respect pattern designers and own lots of patterns, but once you make several different quilts it’s, not always rocket science to figure out some of these quilt designs and end up coming up with your own construction method without the aid of a pattern.

Just my opinion, but it's all been done before in quilt patterns. Just because someone creates a pattern and markets it doesn't mean they are the first to ever, anywhere make this pattern. But, there are things like the Mondo bag and a few other art type patterns that a truly unique and new. Even the Wright brothers weren't the first to fly but, they get the credit.

Most traditional patterns have been around forever so no one has copyright over them they just have copyright over their directions on how to make it their way. You can't sell their pattern. That is where the copyright extends. Whether people pay for certain directions is their choice. Some people don't want to spend time figuring things out so patterns suit them

Mostly, it is the instructions and diagrams made by the designer that are copyright. Nearly all blocks have been around for a long time. jmho

Every designer I know uses EQ software. All start with a block and then change up the units of that block to get a new look to it. Before software graph paper was used. Anyone can take a picture of a quilt block and figure out the units on their own. I honestly don't know why anyone would buy a pattern unless it's for the construction method that has been figured out to be the easiest way. That is the big part of copyright. If you have the new quilt software like EQ it's a piece of cake to redraw, resize, revise any quilt block. A designer rule is not a law and many think it is as it's always written right next to the copyright law on the pattern. I don't buy from any designer that has rules attached. They need to get over themselves.
The new branding is to have a specialty ruler to go along with the pattern design. That's where the $ is.

As I understand it, "Personal Use" allows you to take a concept even from a printed pattern and use it yourself so long as you don't intend to sell the pattern or the design.

I think I first saw the heart design from the Storm at Sea block about 20 years ago in a copy of Quilter's Newletter. It isn't a new concept.

For one of my projects next year I'm considering using a picture from another issue of Quilter's Newsletter. As I drew out the block, I changed the alignment from up/down to on the diagonal, I'm changing the usage of fabric, and other changes. I'm considering it as a completely original design even if "inspired" from another project. Other times I have designed completely original blocks only to find later similar concepts by others, I know mine came first those times but not always. As another example when I first started quilting back in the 70s, I had several on my to-do list. One of which was a Houndstooth which I had not seen in books, magazines, or shows/fairs until I was about ready to make mine. At the same time (around Y2K) M'liss Rae Hawley came out with a book of fat quarter fabrics featuring -- you guessed it -- a Houndstooth pattern. I put mine off for a few more years...

I'm able to graph out patterns easily. I did so for both Labyrinth Walk and Hazel Hedgehog but I went ahead and bought the patterns because they are so distinctive and I do believe in authors getting proper credit and the only reason I did those was to copy someone else's original work.

Short form: If you can design it, you can use it.

I've read a lot about this subject. You can copyright a pattern. As I understand it, that copyright extends to the paper, the words and the photos. I cannot copy Suzy Smith's pattern for XYZ quilt and sell it. I cannot copy her photos and use them on my website (although it's often done). If I buy her pattern, I can make 500 quilts from her pattern and sell the quilts, but not the pattern.

It's just like a recipe. I can use a recipe to make a dish and sell it if I wish. I can't copy the recipe book and sell it, though. I can make the recipe and take a photo (and copy the layout of the photo in the cookbook) and post it on Facebook and that is not copyright infringement.

My own personal interest in this subject was spurred when I bought a pattern for a wheelchair lap quilt. The maker says on the pattern that you cannot make wheelchair lap quilts from her pattern and sell them. I had no intention to do that, but I sent the pattern back and asked for a refund anyway.

bkay

Also, many people don't know this, but if you post your own photo to Pinterest, it is then becomes public domain. Which means anyone can copy it and use it as if it's their own.

I'm not an attorney and do not profess to know copyright law, at all. However, I do have a recommendation for anyone interested in the topic. I have been listening to a weekly podcast called Just Wanna Quilt by Elizabeth Townsend Gard. She is a law professor at Tulane and an avid quilter. She has interviewed many of the well known quilt designers and her intended purpose of these podcasts is for a (quilting) Copyright Research Project . I've listened to maybe 6-8 interviews and find it all very interesting - especially how the opinions and concerns vary amongst the well known designers. Elizabeth seems very well educated about the entire subject matter and her interviews are fun to listen to and quite informative. This weeks podcast is a 1 1/2 hour interview with Marianne Fons :) Here is her website https://www.justwannaquilt.com/

Okay, cool. Sounds like My thinking is on the right track. It just kind of threw me when I read the post suggesting otherwise and I was confused yet again. Thanks for the feedback! I have listened to a couple of Elizabeth Townsend's podcasts, they are interesting if you can follow the dialogue.

Just because it's on FB, doesn't mean it's true. In fact, I'd be suspicious of anything I read on FB