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-   -   HELP! how does sharing a pattern work? (https://www.quiltingboard.com/main-f1/help-how-does-sharing-pattern-work-t39263.html)

patricej 03-12-2010 04:41 PM


Originally Posted by sewcrafty
That's interesting, I'm doing a quilt for my sister. The center is a watercolor (went to a class and taught this techq.), machine applique of my own, plus a border of twisted ribbon and then finishing with another border (probably a scallop, not decided yet). So I've put a number of different techiques, styles, etc. does this make it my own or copywrited because of the watercolor center? Also, what if I sit down and draft up something original to me that's been done before?

techniques can't be copyrighted. they must be patented in order to be protected.

if the watercolor in the center of your quilt was made from somebody else's pattern then you can't copyright the whole quilt as your own design. if any other part of your quilt contains elements of somebody else's unique, copyrighted design, then you can't claim the resulting design as your own. if you designed your own center using the technique you learned, and also made up the rest as you went along, then it's yours.

mary quite contrary 03-12-2010 04:56 PM

I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

ligia 03-12-2010 04:59 PM

Interesting subject.
I think the internet will in time make some concepts void.

Earlier today I happened to visit a page by chance where I
found something for free I knew from somewhere else as an original pattern.
Who had first the idea of that same representation ?
Most likely both designers took it from a 1800's quilt.
Was it posted before or after someone else had the pattern
copyrighted ?

Just my two confused cents.

dunster 03-12-2010 05:16 PM


Originally Posted by ligia
Interesting subject.
I think the internet will in time make some concepts void.

Earlier today I happened to visit a page by chance where I
found something for free I knew from somewhere else as an original pattern.
Who had first the idea of that same representation ?
Most likely both designers took it from a 1800's quilt.
Was it posted before or after someone else had the pattern
copyrighted ?

Just my two confused cents.

It sounds like the two patterns you saw were written by different people to describe the same design, but the design was in the public domain? That's fine, no violation of any copyright.

dunster 03-12-2010 05:51 PM


Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

My understanding is that if you own a pattern, you have the right to make quilts from that pattern, and since you own those quilts you can sell them. (This wouldn't extend to mass production.) But I would be interested in hearing if someone has information to the contrary. I know that when my guild wanted to make a raffle quilt from a pattern in a magazine they asked for permission first (which may not have been necessary, but it was nice anyway).

charmpacksplus 03-12-2010 06:05 PM

You could whip up a quilt from the pattern real quick and post lots of pictures of your quilt. I'll bet lots of us here could figure out how its done. :D

Does the pattern have a name or designer's name on it?

b.zang 03-12-2010 06:18 PM


Originally Posted by dunster

Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

My understanding is that if you own a pattern, you have the right to make quilts from that pattern, and since you own those quilts you can sell them. (This wouldn't extend to mass production.) But I would be interested in hearing if someone has information to the contrary. I know that when my guild wanted to make a raffle quilt from a pattern in a magazine they asked for permission first (which may not have been necessary, but it was nice anyway).

We had quite a discussion about this where you might find more information. Check out:

http://www.quiltingboard.com/t-12228-1.htm

This topic came up the last time I was in a LQS. I had a quilt top with me to show, said the pattern name and the owner ran to her computer to look it up. She couldn't find it except in a book, which led her to lecture me about buying pirated patterns. (I got the name wrong but didn't realize it until later. The pattern is not pirated!) Anyhow, she had quite a story about a designer who is like a bulldog about protecting her copyright and had sued someone my LQS owner knew. I could understand her sensitivity about this matter, and think that anyone who has been involved in this, would be good to listen to.

Quilt Mom 03-12-2010 08:24 PM


Originally Posted by dunster

Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

My understanding is that if you own a pattern, you have the right to make quilts from that pattern, and since you own those quilts you can sell them. (This wouldn't extend to mass production.) But I would be interested in hearing if someone has information to the contrary. I know that when my guild wanted to make a raffle quilt from a pattern in a magazine they asked for permission first (which may not have been necessary, but it was nice anyway).

I think that is it necessary to get permission (from the owner of the copyright) to use a copyrighted pattern for a raffle/opportunity quilt.

AtHomeSewing 03-13-2010 04:32 AM


Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.

k3n 03-13-2010 04:57 AM


Originally Posted by AtHomeSewing

Originally Posted by mary quite contrary
I think I understand the copyright of the pattern itself. I have a question about the quilt I make from said pattern. Can I sell a quilt made from a copyrighted pattern?

Thanks

Yes! EVEN if the author/pattern package says is not allowed. No one has the right to determine what will happen to a product made from a legally acquired pattern. That concept was settled by the U.S. Supreme Court, and is referred to as The First-Sale Doctrine.

Thanks Connie - I have been wondering about this very issue - on the title page of the One Block Wonder book, it says quilts made using that technique may only be sold for charity, not personal profit. I'm not yet thinking of selling any but may consider it someday. So any quilts I make using the Maxine Rosenthal technique are mine to do with as I will? Obviously I have bought and paid for the book! :-D


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