Hi! I haven't posted too much, just lurked around, but I have a copyright question I wonder if anyone can answer.
I designed a babushka girl wallhanging for my daughter's bedroom, that was inspired by some projects I have seen around the web. I saw a tea cozy that had rick rack, a little flower with a button in the center, and an apron on her babushka girl, and incorporated those elements on my babushka girl quilt. Is that considered copyright infringement? I sketched out my own picture of a babushka girl and created pattern pieces from my drawing. I wrote out instructions as to how I made it also, and wanted to share the pattern free for download on my blog...am I opening myself up to any sort of lawsuits? I see these things on Etsy so often, and am a SAHM of two just wanting to do something nice, but don't want to take a chance of breaking any laws or creating any trouble for myself. Thank you so much for any input anyone can offer! :) |
whether or not it's infringement depends on how different your version is to the other projects that inspired you. i know that's a vague answer, but it's the best i can offer without seeing what got you started and where you ended up.
if the babushka girl, herself, is in the pubic domain then you can safely copyright your instructions and illustrations of the steps. |
I am a long way from being any sort of copyright lawyer, but it's my understanding a design must vary by 10%. How they measure that is well beyond my imagination.
M |
this is a great article
http://qnm.com/copyright/index.html this is an official site with all the gobbledygook you need to read if you decide to register a copyright. includes links to forms http://www.copyright.gov/circs/circ1.html#cr |
Thank you both for your answers...I have been to the sites you referenced, thank though for going through the trouble! :) I just don't want to upset or offend the woman who I embellished my babushka girl in a similar way to. I'm thinking I might just hold off on this one, to avoid upsetting anyone all together...but again, I appreciate your help! :)
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Originally Posted by MissTreated
I am a long way from being any sort of copyright lawyer, but it's my understanding a design must vary by 10%. How they measure that is well beyond my imagination.
M |
Thanks for the info sites. I'm in the process of printing out a couple of quilt patterns I designed and they answered a lot of my questions. Thanks and happy quilting.
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When my daughter was little I used to call her Babushka. :) :) :)
She's 20 now, when I get mad at her I call her that. :lol: :lol: |
Who was the quilt designer who sued and got $100,000?
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Percentage of change is hard to pin down. The rule of thumb might better be, If it is recognizable, then it is too much like the original.
Of course, as was mentioned, if the pattern is already in the public domain anyway, then go for it. |
Also remember that just because others do it does not make it right. I see copyright infringement all the time; it's still not right.
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We have a professional embroidery shop. If the design is recognizable, don't do it.That's the rule of thumb we were advised by our professional organization. Not the 10% that some say.
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If you know where you got your inspiration from, and it's on a blog or website, maybe you could contact the designer of the original and ask permission. That way you'd know for sure if she'd be upset or not.
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Does anyone know the name of the designer that sued and won $100,000 against a quilter?
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