Now you're nit-picking. That's what I meant and I'm willing to bet that's how the 'average person' interpreted what I said.

The 'design' (the artistic expression of the original creator...what the quilt looks like) is different than the 'pattern' (the tangible commercial product sold by the original creator...how to make the quilt). No one said, or even implied, that the OP is looking to make and sell multiple copies of the pattern itself.

According to this website the law only pertains to selling of the actual or copied patterns and not to the products you make. They back up their information with court cases. See link: http://www.tabberone.com/Trademarks/...Quilting.shtml

I always understood the copyright rules are that I can't copy the pattern and give it to anyone. If I choose to make 1000 quilts from that pattern that I personally bought, I can do so. And I can either sell or give the quilts away. I bought the pattern and can use it anyway I want, I just can't give the pattern to 1000 other quilters, they need to buy the pattern.

Maybe it varies by state -- I have no idea -- but I checked with both my business adviser and an attorney after I got a response back from McCall's saying that their patterns can not be used to make quilts that will be sold either for profit or not-for-profit (I was trying to get permission to make a charity quilt). At least in Illinois, I've been told that it would definitely land me in a long legal battle if a company decided to challenge me (which is typically why the law isn't challenged -- large pattern companies have plenty of money to go to court, small-business quiltmakers and not-for-profits do not) and that it's possible the law may not come down on my side even though I was wanting to make some small changes to the pattern.

Perhaps some day some quilters with deep enough pockets will decide to fight for things to change, but as for me... I just stopped buying any patterns from companies that refuse to let me make and sell quilts with their designs. I write smaller designers & ask for permission to use their pattern in my clients' quilts. I've happy found a good number who make beautiful patterns and allow me to sell my quilts as long as I make the entire quilt start to finish myself (which I do). Some even allow me to use the same pattern to make X number of quilts. Needless to say, I have a special love for those designers!

Having now designed my first original quilt design, I totally respect how much time it takes artists to develop a workable design. I appreciate that large pattern makers need to pay artists a fair price for their work & that they may need to agree to certain terms to get the pattern (e.g., "only the artist herself is allowed to sell quilts based on her design"). Of course the saddest story I ever read was when an Amishwoman sold a pattern she had made to a larger pattern maker, but continued to make quilts based on her own pattern to support the local firehouse. The pattern maker sued the original designer for using her own design to make quilts sold in a charity auction -- and the pattern maker won! So tragic.

Can't you just change it up a bit to make it yours, then go ahead and make and sell them!
Good luck!

I don't ever make items to sell but just on principle, I won't buy patterns if they choose to include those kinds of restrictions, enforceable or not. Sometimes I miss that though, and buy one accidentally.

What gets me is that I've seen a pattern with something like a 9 patch or other common quilt block and it says you may not sell quilts made from this pattern. What?

I just spent 2 hours reading through that website! Wow, so much info ...and all backed up with cited court cases. There is simply so much misinformation out there, it is difficult to get everyone on the same page with correct data.

changing the design a little bit makes the new design a derivative.
you cannot claim copyrights to derivatives because they are not original. not in fact, and not in the eyes of the law.

i believe - but am not positive - the copyrights become the property of whoever owns the copyrights to the design from which they were derived.

I think the reason we have so many discussions here about copyright is because there is interpretation of the law involved. It's hard to get a clear answer when you can go to court and get different answers from different judges. The same is true of lawyers; I can go to my lawyer and he tells me it's fine but you can go to your lawyer and he can say it's not fine. It's all in their interpretations of the law and their reading of past cases.

Other websites may cite cases in supporting their positions, but that does not necessarily mean these cases would hold up if someone were to bring a case against you (or write a cease and desist letter to you). There are most certainly cases that have gone the other way that your opponent can cite. If a case goes to court, the loser can always appeal to a higher court.

I approach these laws from three points of view:

1) As a pattern designer, where I claim only that my written instructions, photos and illustrations are copyrighted and encourage the user to make as many as they like, give me credit for the design if they would, and to send me photos if they like; and

2) As a pattern user, where I never copy a pattern for anyone else to use, and always give credit to the pattern designer on my quilt label. I rarely use someone else's pattern for a quilt, but have used patterns for purses, wallets, bags, etc. in the past; and

3) As an art quilter, where if I design a quilt and I don't want anyone else to make and/or sell it, I don't release it as a pattern. Most of my quilts that fall into this category are complicated enough or artsy enough that copying the quilt would not be as simple as graphing it out. For example, a quilt that is composed of blocks, even if they are blocks I came up with, wouldn't fit into this category. A pictorial or landscape quilt would.

Lastly, there are so many resources out there, including bazillions of free patterns, that if I see a copyright notice about something other than the written instructions, photos and illustrations in a pattern and it starts with "you may NOT" I won't purchase that pattern. Not when I have so many other options!