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Here is a very good quote directly from the copyright info from the US Gov.....

920.1 Patterns for Making ArticlesThe drawings and text in a pattern book may be copyrightable, if they are sufficientlyoriginal. This may include textual instructions, technical diagrams that demonstratecutting, stitching, weaving, or other techniques required by the pattern, as well asillustrations of the completed items.A registration for a pattern book generally does not extend to individual pattern piecesthat may be used to create a useful article, such as shapes that may be traced and usedto make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor doesthe registration extend to any useful article that may be created with the pattern, suchas an item of clothing. For a general discussion of useful articles, see Section 924.

here is a link to the website of the Canadian Intellectual Property Office:
http://www.cipo.ic.gc.ca/eic/site/ci...c.nsf/eng/Home

if anybody has useful links to similar entities from other countries' governments, please feel free to share.

My brain aches the more I read of the copyright thing. AARRGGHH!! I also admit I become more, not less, confused, too, as I read along and try to understand the law. Will keep on reading and hope that someone can answer whether a quilt made from a pattern is saleable - not that mine are good enough to sell but maybe someday...in a thousand years. :D

Quote:

Originally Posted by PenniF (Post 7095512)

Here is a very good quote directly from the copyright info from the US Gov.....

920.1 Patterns for Making ArticlesThe drawings and text in a pattern book may be copyrightable, if they are sufficientlyoriginal. This may include textual instructions, technical diagrams that demonstratecutting, stitching, weaving, or other techniques required by the pattern, as well asillustrations of the completed items.A registration for a pattern book generally does not extend to individual pattern piecesthat may be used to create a useful article, such as shapes that may be traced and usedto make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor doesthe registration extend to any useful article that may be created with the pattern, suchas an item of clothing. For a general discussion of useful articles, see Section 924.

I have not yet seen a new quilt that was sufficiently original.

Quote:

Originally Posted by judylg (Post 7095189)

I think this is an issue when a quilter sells a quilt, especially at a craft/quilt show. I spend a lot of money on my quilts, but ONLY give them to my family. This is a hot topic no matter the craft.

It is only an issue because people who want more than their copyright allows keep insisting they have a right to more. There is nothing confusing about this but as long as people can be convinced to be fearful they will handover the rights, both financial and creatively to the pattern maker. A mafia-style technique. There is nothing confusing about this if do not listen to money-grabbers who are trying to make a buck off their copyright when the design they are insisting is their 'right' is a spinoff off something that has been around for hundred of years. Really that simple.

Quote:

Originally Posted by PatriceJ (Post 7095349)

the original article was primarily about canadian law.
the only reason i took that thread down was that we accidentally created more confusion than anything else.

this thread will stay open so long as we focus on trying to help each other with facts.

most of the law is very easy to understand and follow.
the two things that are most confusing - and for which straight answers are proving virtually impossible to find - are

1) whether we violate copyright law if we display something we made using a legally obtained copyright protected pattern. by "display" i mean entering in shows/exhibits, sharing photos of the things we made, and similar situations.
2) whether we can sell at least one thing (quilts, in our case) made using a legally obtained copyright protected pattern.

most of the reliable sources i've checked so far regard the resulting quilt as a copy of the pattern. keeping the quilt or giving it as a gift are generally "rated" as fair personal use. things get bogged down in gobbledygook when it comes to sale or/and display.

an answer i can understand is out there somewhere.
whether or not i will find it in this lifetime is yet another question. LOL

Just read the law and the law only and separate art quilts that are like a canvas painting from all others. There is NO confusion. The law is very specific that end product is NOT copyright and one CAN do whatever with the quilt, including sell for big, big, big profits. Reading through Canadian copyright law, the actual law, it is closer to US law in this area.

No confusion. The actual laws are a fairly quick read and very explicit. Don't listen to the noise from those with a vested interest in others believing they have to share their glory and profit with the pattern designer. Note: Pattern Designer NOT Quilt Designer, which is the person making the end quilt using the pattern design.

Quote:

Originally Posted by judylg (Post 7095189)

I think this is an issue when a quilter sells a quilt, especially at a craft/quilt show. I spend a lot of money on my quilts, but ONLY give them to my family. This is a hot topic no matter the craft.

Read the actual law. It is not an issue if the quilter sells the quilt. Quick read. Go for it and relax.....and go make some money off your quilts if you want!

i think it's fair to say that the issues are clouded by both confused users and confused designers/publishers.

those few in the designer/publisher camp who appear to be grasping or act like big bullies believe they are correct in light of their interpretation of the law (or the bazillions of amateur opinions "out there.")

even a lawyer who makes her living in "copyright court" argues based on her interpretation/opinion of the law as she believes it supports her client's position.

i have made some personal decisions based on my interpretation of everything i have read so far.
i will keep looking for reliable sources of information.
i will consider - but not rely upon - the opinions of others unless they are judges who hear and rule on cases that involve copyright law.

it also helps to put myself in the other person's shoes. what would i consider fair if it was my pattern?
that's the best any of us can do.

Quote:

Originally Posted by Geri B (Post 7094354)

Copyright discussions come up periodically here on the board.....the article Patrice posted was interesting, confusing and made my brain hurt......the implications were broad......I am still and will probably always be confused.......if I buy a quilt mag, like a pattern well enough to make it...even to buying the identical fabs, make it and decide to enter in our little county fair....wins first place ribbon.....I get a check for a big $10.00---- so I should share that $$$ with designer..who gets the ribbon or is it shared custody? Or should I make them and hide them under a bed......

No, you made the quilt and put it on exhibition. You did not put it up for sale or exploit the rights of the designer. It is when you make the quilt and claim that it is your design, that is when you infringe on the rights of the creator.

Quote:

Originally Posted by PatriceJ (Post 7095670)

Which as I stated before, do the right thing. Respect the work of others, don't pass it off as yours, don't try to sell it as your design and take monies for it. Respect the creativity of the designer, use it to create your quilt; just don't tell or try to sell it as if it were your idea.