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-   -   I based a quilt on a photo.....Copyright question (https://www.quiltingboard.com/main-f1/i-based-quilt-photo-copyright-question-t307708.html)

quiltingcandy 10-30-2019 10:15 AM

I have never seen any real reason to worry about a copyright when making a quilt. But then I don't make them for commercial purpose. Mine are made for family and friends. I have used MLB, NFL, Disney, Marvel and a lot of fabrics with copyright notations on them. If they didn't want us to use the fabric then they shouldn't manufacture it. And if I can figure out the pattern I see then it must be a pretty basic design. Sometimes I even think I design my own and have never looked to see if someone else thought of it first. I was at a craft fair the other day and saw a lady selling Disney designed earrings and pins - thought about asking if she paid for the right to use them but didn't. I am not a copyright police, or quilt police - just a happy quilter that enjoys looking at what other people can create.

ashiecat 10-30-2019 10:35 AM

OK, I haven't seen this question yet - what was it a picture of? Something unique? Or just a nice picture of something we might find when we are out and about? Will someone actually recognize the photo/painting from your quilt? Your said it was based on a photo of a painting...no offense, but I have seen so many movies that were based on a book, but if you actually read the book you wouldn't find any correlation.

Watson 10-30-2019 04:10 PM

If I did a good enough job and someone knows the painting, they will recognize it. :D

Now, I'm totally confused. Because it's a painting and not a purchased pattern, I can't show it here without permission?

Watson

QuiltnNan 10-30-2019 04:55 PM


Originally Posted by Watson (Post 8320565)
...Now, I'm totally confused. Because it's a painting and not a purchased pattern, I can't show it here without permission?

Watson

You can show your quilt here. You can't copy the other person's picture of their painting and post it here... you can link to it.

Watson 10-31-2019 04:09 AM

Thanks, QuiltnNan.

Watson

Iceblossom 10-31-2019 04:14 AM

It's all so confusing, isn't it? But here's the simple thing to keep in mind, the quilt is yours. The picture and the painting are not. :)

dunster 10-31-2019 05:21 AM


Originally Posted by Lady Diana (Post 8320320)
Dunster is not correct in this instance. Please refer to the Quilting Lawyer, expert in knowledge of copyright. You are assuming that all "work", "designs" are automatically copyrighted.....that is not the case. A "copyright owner" in relations to quilts and clothing is not valid. A copyright owner of a widget used in manufacturing would be protected. You do not have to get permission to exhibit a quilt made from a pattern that was purchased.

Widgets in manufacturing are not protected by copyright at all. Quilts are, clothing is not. But the discussion started with a photo of an original painting, both of which may (or may not) be protected by copyright.

oksewglad 10-31-2019 06:39 AM

Interesting discussion...I, too, want to see what you have come up with Watson.

patricej 10-31-2019 07:04 AM

copyright laws are written in such a way they can be [without nefarious intent] interpreted [or misinterpreted] ad nauseam.
one law + 50 quilters + as few as 2 lawyers = 1,572,645 opinions.
add one judge ( and possibly + one jury) and the possibilities cannot be calculated by anybody without Phds in Math, Physics, and Theology.

For quilters, I think it boils down to a few essential questions that can easily be answered:

- Is it already in the Public Domain? (having been posted to the internet does not automatically toss something into the Public Domain.)
- If it is not in the Public Domain, did I design it myself?

- In the case of patterns - whether free or purchased - did I write, illustrate or publish the pattern myself? (patterns based on blocks in the Public Domain are still protected by copyright law. The author and/or publisher spent time and money creating, printing and distributing the pattern.) I can legally and ethically make my own quilt without using that pattern based on blocks in the Public Domain. What i cannot do - either legally or ethically - is use a "bootleg" copy of that pattern or give somebody else a "bootleg" copy of it.

- Will my chosen action(s) interfere with the creator's ability to generate income from the pattern?

If you really can't figure out what's legal, chicken out and walk away.
If you don't know what's legal but you do know what's right/fair/ethical, then do what is right, fair, and ethical.

If you don't know right from wrong, or don't care then you are a lost cause on many levels.

Iceblossom 10-31-2019 07:11 AM


Originally Posted by PatriceJ (Post 8320834)
If you really can't figure out what's legal, chicken out and walk away.
If you don't know what's legal but you do know what's right/fair/ethical, then do what is right, fair, and ethical.

If you don't know right from wrong, or don't care then you are a lost cause on many levels.

Well said! Although I am firm in my stand for personal use that if I can draft it I can make it, and even though I drafted it out, I bought Elizabeth Hartman's Hazel Hedgehog because I was only copying her original product. It didn't come from any idea other than her idea and I was not comfortable "stealing" it, it would have always been attributed to that designer and that pattern anyway. Still haven't made it and when/if I do I will probably use my drafted pattern because that's how I'm used to working.


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