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I totally agree with Fons and Porter's policy. I think these things should be made clear on patterns sold retail also.
For example, I looked at the current quilt I am making to check out what it says. Niemeyer says the papers, instructions etc are sold as a kit and the papers cannot be reproduced. BUT she never states permissions etc and it would be one more sentence to state her policy on consents to show or sell. Seems a simple courtesy to somebody who is spending money on your product. |
Also if you want some wonderful designer patterns with no rules except please do not copy her patterns which I fully agree is Laura Heine she is also quite famous and she says no permission needed to show or sell she has wonderful patterns and a couple books that I know about it is
Fiberworks.com I think that will get her or else Laura@ fiberworks.com I'll keep looking and I know there are lots of places out there |
McCalls sells magazines with patterns in them for us to use for ourselves. to make my own quilt! after that it's up to me what i do with it.
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Originally Posted by Dorothy Ann
I retain the copyright and they have provided quilters with my Email address so that the okay to show the pattern in a fair or use it to raffle off to raise money is mine to give They do that because I own the right to do that and the answer without exception has been yes.
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Fons and Porter has ONE registered copyright for a magazine in 2000. Assuming they did hold a valid copyright on the pattern or on the design, once they sell you the pattern they have sold you the right to make the item and then sell it. Unless there is a mutual signed agreement stating otherwise. In 1908 the Supreme Court ruled a copyright owner cannot impose use restrictions on something they have sold by simply placing a statement on the copyrighted item. They must have a written contract. Likewise, saying after the sale that there are use restrictions are not enforceable.
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jj's : this is getting interesting! and funny! How far can this go?
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I guess I am wondering how would they know? There are so many quilts with the same pattern with different names. I would think it would have to be pretty obvious or original pattern for it to have a copyright to one person. Is there any new pattern any more? Most patterns go back to what?....Adam and Eve.
Originally Posted by LindaR
the question was: can I enter a quilt I made from a McCalls mag or other mag in quilt show?
Answer: a quilt show is a public display and therefore only the designer can enter the quilt However you can ask permission. the magazine owns or shares the copyright and should be approached for permission. I can't believe this, talk about quilt police...our guild has a local quilt show and wouldn't be displaying anything if this was the correct procedure....unbelieveable |
Originally Posted by tabberone
Fons and Porter has ONE registered copyright for a magazine in 2000. Assuming they did hold a valid copyright on the pattern or on the design, once they sell you the pattern they have sold you the right to make the item and then sell it. Unless there is a mutual signed agreement stating otherwise. In 1908 the Supreme Court ruled a copyright owner cannot impose use restrictions on something they have sold by simply placing a statement on the copyrighted item. They must have a written contract. Likewise, saying after the sale that there are use restrictions are not enforceable.
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Here's another what-if to show just how down right silly that McCalls article was.
What's their next step? To say you can't make a dress from one of their patterns and wear it to a public event? |
My concern is that we all agree to always contact the mags, designers, what-have-you for permission... How long will it be before we have to include a photo(s) of said quilt to have it appraised before we are given permission to allow it out into the light of day?
What happens if the designer doesn't like the fabrics you used, or a change you made to the design? Will we then not be given permission if it doesn't "fit the idea" ? Sorcha |
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