Copywrite and Use of Quilt Patterns
 

There still seems to be some misunderstanding of the use of designer copy-written patterns. Recently a designer's pattern was copied and distributed to many others without the permission of the designer (not me BTW) even though the pages of the pattern were all copy-written. Just to clarify..... if you purchase a pattern or if the designer gives you a free copy of their pattern YOU, personally can make as many quilts from that pattern as you desire. You CANNOT copy and distribute that pattern to others. Each person wanting to use that pattern to make that quilt would have to purchase that pattern. The pattern is yours to use, but not to give away to others for free. The designer has spent numerous hours working on this and this is her income, so in effect by giving this away it is stealing. It does not matter if the pattern is being used for charity or for individual use. Giving away someone else's copy-written work is stealing.
When using free patterns off of the internet many websites will say each person must go on line themselves to download the free pattern. Please abide by the designers request. Also, if you are given a pattern via a charity or QOV leader please make sure it is not a copy-written pattern that was illegality copied. I'm sure if this were your income source you would not like others illegally copying it. Thanks for being mindful and considerate of others.

Thanks for bringing this up, Sherry. For honest people, the "Oh, boy! I got something for free!" response certainly fades when you learn that you've stolen something. There are patterns in the public domain that anyone can share or, as you mentioned, patterns given away for free, sometimes with restrictions. We have to respect creativity if we want it to continue.

PS - It's "copyright" - as in, the right to copy (participle: copyrighted). A copywriter is someone who provides words, usually for advertising or marketing.

Thanks for the spellcheck-- I noticed a few in there. Appreciate it.

You can do what ever you want to do with the pattern. Not very long ago someone posted on this site that very fact. The person did a lot of research on it. Once you buy and pay for the pattern it is yours to do what ever you want.

http://so-sew-easy.com/sewing-patter...term=Read+More

Apparently you can't copy and sell a pattern according to this article. Is that the same as copy and distribute? I am not an attorney. But I still don't do that.

I would agree with most of what you have stated except for the "may not give away for free" statement. If this were true, no one could buy a pattern and then give it as a gift to a friend. Or give magazines away. It's the multiple copies where it becomes illegal.

Implicit in the "give it away for free" comment, to me at least, was "a copy." Of course you can buy something and give it to someone, with the possible exceptions of drugs, alcohol, tobacco, firearms and pornography.

Just to clarify - you can give away, or sell, the original printed copies of patterns that you purchased, because once purchased, that paper copy belongs to you. The copyright protection means that you cannot make copies, either to sell or give away.

Dunster is right.
You cannot copy the pattern and sell or give away a copy of it. The actual pattern you can do what you want with it. If you think it's okay, I suggest telling a designer you plan to copy and make the pattern free. :D

Just for some more clarity, there are more restrictions on quilt pattern copyrights than on guns.
peace

Sherry,
Thank you SOOOO much for posting this information. I know there is that one site out there that insists that copyright doesn't exist with quilts/quilt patterns. It's really frustrating. Unfortunately, anyone can post to the web -- criminals, people who are mentally ill & people who are patently wrong. Before trusting a site on the web, we need to look at the source & check it against sites we know to be reputable -- like the US Patent & Trade Office or sites hosted by reputable universities like the Art Law site hosted by Georgetown University. Or if so inclined, read the actual case law that some random site claims supports their assertions. Here's the full text of the Universal Copyright Code, the international law that protects works of art (including applied art, like most quilts) for anyone interested:
http://www.ilp.gov.la/Database/PDF/I.26.1.pdf

It is true that unless the holder of the copyright has registered their design with the USPTO (or a similar organization in another country), the copyright is not enforceable. However, designers can register a copyright at any time & then proceed with the copyright infringement case once it's granted.

Patterns are almost always covered by copyright law. Owners of a pattern are not permitted to copy the pattern itself (or significant parts of the pattern -- especially illustrations) without the permission of the copyright holder. See page 2-3 of this document for more information: http://www.copyright.gov/circs/circ40.pdf

At only $45/pattern (considered "technical drawings" by the USPTO), I plan to apply for design patents for all my designs with the USPTO within the initial 3-month period. Once a designer has the patent, s/he can absolutely defend her IP in court (if you wait beyond the initial 3 months, you pay a penalty, but can still get the patent). The quilts themselves do not need to be registered within a specific time frame. If someone is reproducing an original quilt design, I can register that at any time without penalty & once granted, I can pursue an infringement case.

What I am not allowed to copyright/patent is the quilt itself. I can hold a copyright/design patent on the design created by applique/piecing. I cannot get a utility patent or copyright quilts in the generic sense (3+ layers held together by stitching). The other thing that is in question is whether a pattern maker can dictate whether the person purchasing their pattern can sell the finished product for profit (either their own profit or to benefit a charity). There have been cases on both sides of that issue & I admittedly do not understand when it's okay and when it's not so I just don't buy patterns that say "for personal use only" & would encourage others to consult an attorney. Personally, even if it's legal for me to make & sell quilts based on those patterns, it wouldn't be worth it to me to have to waste time and resources fighting an infringement case in court (even if I'm on the right side of the law). Hopefully someone else will feel differently & we will have more cases to help clarify the issue.

Design patents are granted for 14 years and are non-renewable. Copyright on design lasts for 10 years & if rights are infringed, the copyright holder must then register their design in order to file suit. Perhaps that is what the guy who posted the website was referring to. You cannot enforce a copyright unless you apply for a patent by registering your copyrighted design with the USPTO, or similar organization in another country.

Now, all of that said, the reality is that most designers are not going to spend their limited time & money going after someone who is illegally copying their patterns/designs. So unless you're copying designs from a large pattern maker, you're not likely to be sued. Nevertheless, quilts are all about LOVE. We spend countless hours lovingly making these beautiful works of functional art to wrap our loved ones & those in need in happy, cozy warmth. To me, it just doesn't seem to align with what we do as quilters to steal someone else's livelihood. If designing were quick & easy, we would all create our own patterns.

Many of us have at least once in our lifetime experienced having a boss, co-worker or classmate claim credit for work that we did. It's even worse if that person got a better grade, better review, promotion or performance bonus because of the credit they stole from us. It's not illegal for them to do that, but it's not right either. Separate from the legal question, it's not right to be copying someone else's pattern or design without their permission. If the pattern is that great, the designer deserves to be paid for each copy. If she gives permission to use the pattern for a particular charity, you can add a statement included with the pattern: "Distributed by permission of __________ for all _______ charity quilts." That way everyone knows that the designer has chosen to support the charity by providing a group license to its volunteers. There are so many wonderful, generous quilt designers out there that I just don't see the need to make a quilt based on either cheating or theft. Quilts are too precious to have that be part of their story. :)

The average person can make a paper copy in a minute. The average person cannot make a copy of a gun.

I'm sure you meant this tongue-in-cheek right? Because it's not true.

Moderators alert! Gun discussion about to catch fire!

The situation which started this discussion was someone who had an original copy of a designers pattern assumed that because she currently owned the pattern and they were making charity quilts that it was OK to make copies and distribute them to about 30 other people. The designer did not give permission for her pattern to be copied and distributed.

Most quilt patterns in the US are protected by the US copyright, which lasts the lifetime of the author plus 70 years. Many of the rules regarding US copyright are different from those given by the source quoted above.

What is the protocol if someone makes a quilt - completely on his/her own - and after it is completed, sees that it is very similar to a copyrighted pattern?

I know there is much interpretation, controversy, and speculation on this topic, but it is my understanding that the copyright is for the pattern and not the quilt. If your quilt is for personal use and you have not illegally obtained the copyrighted pattern, there should be no problem. This is my personal opinion, but I seriously doubt a copyright holder of a pattern would go after one personal quilt. Also, I think if the quilt innocently looks like a copyrighted pattern, your conscience should be clear. After all, there has been no attempt to rob the copyright holder of the price of a pattern.

Completely untrue.

I do loan out a few of my patterns that I have purchased to my friends but never make a copy of anything. I do share thru e-mails the location of free pattern such as I find so often on this site. Too many quits to make and not enough time!

You buy a pattern, it's yours to use. The quilts you personally make from it are yours to keep, give away or sell. Make one, make a bunch. Make them in whatever color, pattern, size you want. You can use the pattern as a jumping off point and modify it to your personal creative taste.
What you can't do is copy and give away or re-sell that pattern. Unless it's in the public domain.

Making patterns is hard work. You come up with a design, make a dozen to make sure your directions are correct, design a cover, photograph your quilt, buy a barcode, get it printed, try to market them, build a website, do shows, learn social media. Think about that before you ask your friend for a copy of the pattern they just bought. Is your integrity really only worth $10?

I had a grandfather with patents, a brother with patents, and another brother seeking them. I have seen the time, sweat, money involved with getting them so this is my philosophy, "If in doubt, don't." I don't know how much patents differ from copyrights, but they have worked hard to earn their status as a patent holder. I would rather err on the side of seeking permission, when it maybe isn't necessary, than to steal someone's labor of love and profit.

You cannot copy the writem instructions. You can use the inforation to create a pattern and use the pattern as many times as you like. You can sell your quilt, but you cannot sell copies of the pattern instructions.

I totally respect copywriter laws. However ofton I see patterns being sold that have been around forever and I know the seller of the pattern did not create the pattern. Churn Dash? New pattern? I don't think so and there are plenty of ways to find written instructions that are almost as old as the pattern. this is one topic on the board that I guess will never end. Happy quilting and thanks to those that genuinely create new patterns for us less creative to buy.

What a very interesting topic, thank you for posting.

I don't know how a person can copyright a pattern that has been in existence for over a hundred years. Or a pattern that simply turns a block in a different direction, triangles in different colors, or strippy blocks. I can see where the written direction can be copyrighted.

Some long, but up-to-date and correct information regarding this issue from M Susan Vaughn, at BlogHer:

"In Drury v. Ewing (1 Bond, 540), ..., a copyright was claimed in a chart of patterns for cutting dresses and basques for ladies, and coats, jackets, &c., for boys. It is obvious that such designs could only be printed and published for information, and not for use in themselves. Their practical use could only be exemplified in cloth on the tailor's board and under his shears; in other words, by the application of a mechanical operation to the cutting of cloth in certain patterns and forms. Surely the exclusive right to this practical use was not reserved to the publisher by his copyright of the chart.
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[TD]Logically, how can a copyright extend to the item made using the pattern even if the pattern could be copyrighted? The actual fabric being used would not be covered by the pattern copyright even if it could be copyrighted. The snaps, zippers, velcro, etc, used to make the item would not be covered by the pattern copyright, even if it could be copyrighted. The pattern copyright, if valid and we don't believe it is, would only cover the physical pattern purchased. The purchaser, that being you, buys the pattern for a fixed amount of money. It is now yours and the manufacturer no longer has any legal control over what you do with the pattern, however, even if the pattern is not copyrightable, you should not

• Make copies of the pattern to either sell or give away
• Post a copy of the pattern on the internet for others to use
• Modify the pattern slightly and sell it as your own creation

The reason we say the above, even though the federal law allows otherwise, you could run afoul of state laws concerning unfair business practices. Could. Not will. Some people are so intense about their patterns they sometines go whacko. Many state claims would be preempted by the copyright laws but that would not stop the weird ones from trying.Many pattern manufactures falsely claim that you cannot make items to sell from their patterns without their approval or a license. Many pattern manufactures falsely claim that you can make a limited number of items to sell from their patterns without their approval or a license. See what we have to say about Pattern Companies. Like software, patterns are sold, not licensed. In Bobbs-Merril vs Straus, 210 U.S. 339 (1908), the Supreme Court limited the rights of copyright holders to only those allowed by statute.
These claims of expanded limits on the copyrights are false and unsupported by federal law. Beginning with Bobbs-Merril vs Straus, federal courts have regularly rejected attempts by copyright holders to expand their right beyond those allowed by statute. So why do they continue to do it? Because they can. And often, people believe their claims. Mostly because they want to believe the claims. Many, many, crafting chat boards have comments posed where the crafters believe, or want to believe, the pattern manufacturer can limit what someone does with their patterns. Image Disney selling a coloring book and demanding only certain colors can be used for certain characters or they will sue for copyright infringement. The coloring book is yours after you purchase it; color it as you wish..
However, this fact will not stop these companies from improperly interfering with you attempting to make items to sell. Why do they do it? Because they know the average person will not fight back. These companies, supported by their unethical bottom-feedercorporate lawyers, will continue their mis-information campaigns until stopped by a civil suit.
We do get input on these pages. In response to the issue of a pattern being a useful item, from Darlene Cypser, Esq., an attorney in Colorado, with whom we agree on this issue. Read also the article by Jeff Neuburger, Esq., titled Can I copyright my clothing designs?, written July 13, 2007."
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Always an interesting discussion.

...and that says a whole lot about our society!
I respect the time and work our quilt designers have invested in the new designs we love...Much like supporting local quilt shops...if we don't each buy the patterns/fabrics...soon there will be none.

Not true. You must abide by the stipulations of the copyright notice.

If you buy the pattern, it is yours to do with what you want, with the exception of copy and distribute, either free or for sale.

Only if the stipulations of the copyright notice comply with the law. Some pattern designers try to include rules about how you use the pattern, what you can do with items made from the pattern, and so on. These limitations go beyond what they're legally allowed, and are not enforceable.

I've never bought a pattern. I look at it, draw a picture of it that's close enough and go with that. I've never copied what I drew and sent it to anyone. It would really have to be something I wanted badly enough that was really complicated before I would buy it. If that is a violation well then I'm guilty, but I don't plan on stopping anytime soon.

Really I think some of this is silly. If I were to put my time into something to copyright it is going to be something that someone can't duplicate by pushing a few buttons. Otherwise its like playing whack a mole to try and keep people from redistributing it.

I'm quoting this because it really is interesting. The part about all the false claims pattern makers put on their stuff. Anyone that skipped over that really should read it.

It was the way the OP worded it...but in context, she meant that the purchaser of a paid for pattern cannot make multiple copies of that purchased pattern and "share it" with friends. Of course, she can take that pattern that she purchased and wrap it up, put a bow on it and give it to her best friend for a birthday present.

Can you the OP clarify? What happened that caused this post? Did someone offer a bunch of copyrighted patterns "for free" to people here? The mods try to make sure it doesn't happen here at all.

So what about the patterns you come across in the Thrift Shop that you can buy for a few dollars? Has the original purchaser/or the donor erred by giving it to charity to then sell on? And what about the patterns you can buy or pick up for free from Garage Sales? Are you doing something wrong by buying these secondhand patterns as the money you are paying isn't going to the designer? If you are buying them for a few dollars instead of paying full price from the designer is that wrong? I love grabbing patterns from Thrift Shops....feel like I'm rescuing them from a life destined to end badly under a pile of old magazines!

Ruby2, You're not doing anything fraudulent by buying a used pattern; it's a transfer of ownership. As with most material goods that get re-sold, this does not undermine the business of the original producer - any more than buying a used car does. If you look at the spirit of the copyright law, it's to prevent direct competition with the seller. So, if you make a copy of a pattern and give or sell it to someone, you're competing with the company who is now unable to sell a new pattern to that someone. I originally thought the copyright law was to prevent clothing companies from using a pattern to produce garments, but now I see how sharing copies, especially of those patterns that are easy to photocopy (namely, quilt patterns) could bite into profits.

Can someone talk to the issue of going to the library for books with patterns. I am guessing we can use the pattern in a library book but can't copy the pattern and return the book and use the pattern later?

This has crossed my mind, too.

I am even more confused with making multiple products from the pattern to sell. Some sources says you can, others no. But I can't why a person can't.