Do quilters believe that imitation.....
is the sincerest form of flattery? I sure hope so cause if not, I'm in a heap-lot o' trouble. One of our board members posted a picture of a quilt she made and I went right out and bought fabric to go with some in my stash and made it, almost the same....and I liked it so much, I'm gonna make another.
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That's my story and I'm sticking to it
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Did you get her permission? Anything posted online or anywhere is copyrighted.
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Originally Posted by Annie68
(Post 5504519)
Did you get her permission? Anything posted online or anywhere is copyrighted.
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I think so. It depends on whether it was an original design or not, and if you're going to sell it. I'd be a little upset if I was, say, at a craft show, and someone across the aisle liked once of my quilts that I'd designed, and was then selling it at the next show.
That said, most quilting patterns are public domain these days. And if you're using your own stash, is it really even the same quilt? I mean, blending and arrangement take work! Glad you found a pattern you like so much! |
If you're sure it wasn't an original design, you're probably okay, but since you know it was made by a fellow member, why not ask next time just to make sure. A simple PM saying you loved her quilt and would like to make one yourself, would she mind if you used the same colors would probably make her day.
With original designs, copying without permission is not considered flattery at all...it's stealing. Selling or personal use has nothing to do with it. |
Originally Posted by ghostrider
(Post 5504552)
If you're sure it wasn't an original design, you're probably okay, but since you know it was made by a fellow member, why not ask next time just to make sure. A simple PM saying you loved her quilt and would like to make one yourself, would she mind if you used the same colors would probably make her day.
With original designs, copying without permission is not considered flattery at all...it's stealing. Selling or personal use has nothing to do with it. |
Originally Posted by ghostrider
(Post 5504552)
If you're sure it wasn't an original design, you're probably okay, but since you know it was made by a fellow member, why not ask next time just to make sure. A simple PM saying you loved her quilt and would like to make one yourself, would she mind if you used the same colors would probably make her day.
With original designs, copying without permission is not considered flattery at all...it's stealing. Selling or personal use has nothing to do with it. |
We don't know which quilt was used for the model - if it was a red, white, and blue something - there are many of them on QB - which one should get the credit?
If it was a disappearing 9-patch - who should get the credit? There are many of them on this board also. When it comes to designs - let's take the 9-patch for example - how can that be copyrighted? Or a rail fence? There are some designs/patterns that do seem to be comparatively 'original' - and I don't mind conceding that they are copyrighted or copyrightable - I just don't know where the line is - I made a version of blocks and stripes that I thought was 'original' - only to see it in some quilt book - and it strongly resembles 'warm wishes' - which I had never heard of until joining this board. |
I don't think its any different than any other time we see something we like and instead of buying it, we say "I can that myself!". If someone doesn't want their work imitated than they shouldn't post pictures online. Most people I know would be flattered and happy they inspired someone else. I do think it's different,both ethically and maybe even legally, to copy someone's work and post it for sale on etsy or state mass producing. But for yourself? Totally ok.
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If it is for your personal use, then I think it is a compliment. I am fed up with the way quilting is going with copywrites and ownership issues. Where would quilting be today without the free exchange of ideas and patterns from the past?
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Originally Posted by Annie68
(Post 5504519)
Anything posted online or anywhere is copyrighted.
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Go ahead and make it . I am sure you probably did not get the exact fabrics. and copyright only pertains to words... and only some images. The nike swosh is a trademark and a whole different set of laws come into play for a Trademark.
Yes immitation is the most sincere form of flattery... unless you are going to profit from anothers work... but even then when it comes to design there is little protection under the law... that why there are so many knock-offs the day after a show... ask any dress designer. The only time this is a issue is when a "false label( example Coach purse labels) ", trademark. You could make all the Coach type bags you want... but the minute you put the Coach name on it is when there is a problem. I know if I posted a quilt and someone liked it enough to make a copy .. I would be flattered. |
Originally Posted by Tartan
(Post 5504643)
If it is for your personal use, then I think it is a compliment.
Edited to say, that I see that Lori S. and I were typing at the same time. |
Even from a law prospective 'original' designs in quilting are 'iffy' about copyrights...There are very few true 'originals' when it comes to traditional pieced quilting. Perhaps a variation, or a special color palette, but not anything that could warrant a true copyright. There is a spot online with 'free' patterns and it drives me bonkers to see some of them marked as 'original' when all that has been done is to set a traditional pattern like churn & dash on point an give it a special color scheme and a new name! And I'm suppose to ask permission and give credit on my quilt label...sorry that doesn't count as "original" when it comes to copyright.
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One of the original quilts that I made I received a PM from someone asking if they could duplicate it (hee hee ... I have no idea if it was you or not <g>). I said "I don't care". And I don't. It won't be exact as part of my quilt was a freehand drawn applique ... *I* couldn't duplicate it if I wanted!!! Can she come close - the general idea - sure she can - and more power to her if that is what she wants. Can she sell it? Sure she can, and again, more power to her as I have absolutely NO intention of making a pattern and selling it. Had that been my intention, I certainly would not have posted pictures here before I had a pattern ready to sell. Am I flattered? Yes, of course I am.
So ... on the off chance that it's one of mine ... go ahead and share a picture - I'd love to see it. And there is a good chance I'll like it (or portions of it) better than my original!! |
You can copy any of my quilts and sell them wherever. Not that anybody would want to. I would be very flattered. I have (somewhere in my computer) a legal description of dos and don'ts when it comes to patterns and producing goods from them. . This is definitely a DO. Go forth and make as many quilts as you can.
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Originally Posted by Annie68
(Post 5504519)
Did you get her permission? Anything posted online or anywhere is copyrighted.
Not exactly. In order to qualify for copyright, it must be original work. Posting anywhere has nothing to do with it. |
Originally Posted by x7lillies
(Post 5504573)
Not legally, actually. It's only copyright infringement if you're passing if off as your own while selling it. You can make anything you want for your own personal use. I could put the Nike swoosh on a pillow cover as long as it was just for my house. But the minute I tried to sell it, I'd be in trouble.
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Well, I think this conversation went a little nuts - I think someone took it out of context - answering your question though - I think it is very flattering - most of us are usually inspired by other quilts we have seen - if you love it that much - that is awesome.
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If studying someone else's quilt and then making it your own (with a few variations) is wrong, then call the sherrif! With the exception of the first quilt I ever made I have never used a pattern. My quilt designs come from my meditation on the person for whom I'm makin it, OR (big OR) from my studying the pictures of quilts on places like QB. But, don't get excited.... chances are strong that you would be astounded if I showed you my quilt and said "it's just like yours!" You wouldn't believe it, because mine is from my mind, my stash, my color sense + the person for whom it is made. (Not to mention the fact that your sewing skill is undoubtably much better than mine!)
I think it's like admiring someone's photo of Yosemite and going out and taking one yourself. It can't be the same because of camera, lighting, skill, etc. It can't be done! How many Ansel Adams wannabes are out there! Thousands!!! If I have used an element, or even the best exact imitation of your quilt I can manage in my 100 or so quilts I have made, please be very complimented because I am very fussy about design. If you do blocks, don't worry.... I HATE BLOCKS!!!! Don't have the patience to keep doing the same thing over and over. Friends talk about how restful it is to them... aren't we lucky we are all different! I've heard more than one woman say she always quilts by hand, usually in the evening while watching TV with hubby. I can't even hold a needle in my old hands anymore and when I could I did it as little as possible. Viva la difference! |
For most quilt patterns, it is the written words and pictures that are protected by copyright, in other words the pattern itself (not the design). Most quilt designs are not themselves sufficiently original to be protected by copyright. (Notice I said MOST, not ALL.) IMHO, if you feel that you are copying someone, it is nice to ask them if they mind. Chances are that they will be flattered, and you won't wind up feeling somewhat guilty later.
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I see things in magazines and get inspired...I don't have exact measurements, patterns, etc..I just go for it. I think it's ok. I'd love to see what you've come up with!
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It's interesting to read everyone perspective on this subject. I didn't expect such a response. But, something occurred to me...my BIL brews beer and he also gets inspiration from trying other folks' recipes, and I'm sure that his tastes a little different than the original brew. Guess that'd be OK.....
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Originally Posted by Annie68
(Post 5504519)
Did you get her permission? Anything posted online or anywhere is copyrighted.
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Not that anyone would copy any of mine :D but if they did, I'd be flattered. However, if the person was to then post a picture and take all credit for the same fabric combination, etc., my feelings would be hurt.
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...."Its Almost the same" is the key words... And I think it should flatter her, it would me! Its called inspiration and sharing ideas!
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Anyone can make a quilt to look like any quilt picture. That is not violating the copyright. It's not that hard to figure out most of them without a pattern. EQ7 will import any quilt picture and isolate the blocks to trace and then print out the block pieces. If it was illegal it wouldn't be in the program and it's been in MS Paint program for decades.
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Originally Posted by Tartan
(Post 5504643)
If it is for your personal use, then I think it is a compliment. I am fed up with the way quilting is going with copywrites and ownership issues. Where would quilting be today without the free exchange of ideas and patterns from the past?
BEST form of flattery in my book. Don't let the stuffies sreal yoir joy! |
Originally Posted by BellaBoo
(Post 5504920)
Anyone can make a quilt to look like any quilt picture. That is not violating the copyright. It's not that hard to figure out most of them without a pattern. EQ7 will import any quilt picture and isolate the blocks to trace and then print out the block pieces. If it was illegal it wouldn't be in the program and it's been in MS Paint program for decades.
I wonder if you wrote your comments with tongue in cheek, because it's possible to use almost any software program in an illegal way. |
What about all the designs that Jenny from Missouri Quilt Co makes. I have copied several of hers. Not selling them, but giving them to family and friends. I don't consider that stealing or infringement.
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If you loved it that much - and you posted on their thread - go look at your post history - it may be there. You could always send a PM now and see if this was an original design. Or sketch it out and post it here. Ask if this is anyones original design or if it looks like one that's been around...
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I wouldn't copy any original art quilts anyway but on the Janet Fogg website it says: Please enjoy viewing them but respect the artist by not copying them. Anyone making a quilt to look like hers will be disrepecting her not breaking the copyright law.
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I believe that to have a copyright you need to do some legal work.
http://www.legalzoom.com/legal-copyr...QodKx4ALw&sc=s |
There seem to be so many different opinions. Personally, I'd be flattered! I think we are all creative and if we can make it from just looking at a picture why shouldn't we! No you can't steal someone's pattern to Sell as your own but personal use isn't stealing it's creating for yourself.
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No legal work is required to have a copyright, but if you wish to register it you can. This will help you in case you have to go to court to protect your copyright.
Originally Posted by Spartan
(Post 5505118)
I believe that to have a copyright you need to do some legal work.
http://www.legalzoom.com/legal-copyr...QodKx4ALw&sc=s |
Originally Posted by raedar63
(Post 5504931)
I Agree! Some wont even share a patten name even when it is not their own design.Reminds me off the stuffy old ladies when I was a kid that wouldn't share recipes lololololol
BEST form of flattery in my book. Don't let the stuffies sreal yoir joy! |
Originally Posted by BellaBoo
(Post 5505091)
I wouldn't copy any original art quilts anyway but on the Janet Fogg website it says: Please enjoy viewing them but respect the artist by not copying them. Anyone making a quilt to look like hers will be disrepecting her not breaking the copyright law.
this site are all original pieces of art by Janet Fogg. They will not be patterned and are protected under copyright law." |
I haven't read this entire thread, but seriously?? Stealing?? If someone saw a quilt I had made and wanted to make one like it, I'd be totally flattered that they liked my quilt so much. I agree with whoever said that quilting had gotten so hung up on copyright issues. If I buy a pattern and make it up in exactly the same fabrics used on the pattern photo, is that stealing?? Classic quilt block patterns have been around for so long, who even knows where they originated. Where does it all end if a person can't make a quilt they admire for themselves?
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Showing and sharing our quilts on the board is exactly what this board is all about. Yes, some people do come up with "true" originals. Isn't that great? Most of our work is based on traditional patterns ( even ones with a twist) and color choices are as individual as any person's collection of fabric. Yes, you can buy kits - or all the fabric used in a quilt from many X and Sew companies. Then you have a copy. Flattering someone by emulating their design and color choices is how we learn what we do. If everything posted on line were copywrited - I'd surely be looking for some royalties! Instead, I'm looking for ideas and inspiration - just like you are.
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