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Originally Posted by GagaSmith
(Post 6883947)
I saw a quilt book with a very simple applique pattern on the cover. There is no way I would need a pattern to make it--just simple shapes--an easy to replicate childrens' pattern. Is it okay to reproduce (not exactly but certainly close) this pattern without buying the book.
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Originally Posted by Bree123
(Post 6884771)
It depends on whether the design was traditional or not (i.e., whether it holds a design patent). If it is a patented design, the clearly defined legal rule is that ""if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other."
When you flip through patent applications, you usually don't see colors included in the patent. Colors are chosen by marketing people, so simply changing the color typically isn't enough to avoid patent infringement. Changing one block also does not avoid infringement (there have actually been cases for that). If the quilt you make is substantially the same as the patented quilt, it can be an issue. As Tartan says, if the design is public domain & all that's unique about the book are the "how-to" instructions, go for it! I know I've wasted money before buying something that was supposed to help me make a Sunbonnet Sue quilt. The instructions were basically non-existent & I could do better just looking at photos of Sunbonnet Sue online & making up my own patterns. If you are just making it for your own home, you need to decide your own comfort level. If you are making the quilt to sell, I would be very careful with that. Yes, odds are the designer would never know & wouldn't come after you, but there certainly have been times where professional quilt makers have been threatened with lawsuits &, unfortunately, that seems to be becoming more & more common. McCall's recently sent me an email in response to a question stating that even if my client buys their own copy of a quilt pattern, I can't turn around & sew that quilt for them for profit. They claimed it was an infringement on their patent. I have no idea whether or not that's true (I'm not about to pay a patent attorney to investigate). I figure there are plenty of other beautiful pattern makers out there that are happy to sell me patterns so I can sew a small number of quilts for my customers. I must say that part of me is jealous of the quilters half a century ago that happily shared designs with others. I can understand needing to make a profit, but some of these rules (I have a fabric with carrots on it that says "for home use only") are getting to be ridiculous. Sounds more like a chance for McCall's to bully their customers. |
Originally Posted by GagaSmith
(Post 6883947)
I saw a quilt book with a very simple applique pattern on the cover. There is no way I would need a pattern to make it--just simple shapes--an easy to replicate childrens' pattern. Is it okay to reproduce (not exactly but certainly close) this pattern without buying the book.
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Not sure if this will settle your conscience, but since I've become interested in quilting I've checked out tons of quilting books from our library. I'm sure the book you saw is sitting on a shelf in a library waiting for public use :D The question is rather do you want and need that book on your shelf full time. I have checked out a few books from the library and decided that they were something I wanted access to all the time and purchased them.
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Originally Posted by GrannieAnnie
(Post 6885008)
LOL, on second thought----------make the quilt. If you get sued by the original designer, let us know and we'll start a defense fund for you.-------------AND THEN LET EVERY QUILTER ALIVE KNOW THEY WERE MEAN TO YOU.
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If it's a very simple design, you can probably find something very close by going to google, then type in "coloring pages, and what the thing is"...they are all copy right free, and will satisfy you and get you off the hook for worrying about it.
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Seeing a picture and reproducing is fine. I wonder how many of us see a quilt at a show and reproduce that. The latter I would not think is fine as that person has spent time and energy to produce a new pattern. We should not copy without reference to seen quilt.
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whether or not it's ok depends entirely upon whether the design is original or already in the Public Domain.
if the design is original, or otherwise not already in the Public Domain then it is NOT ok. period. if the design uses blocks already in the Public Domain, then you'd be safe. |
Originally Posted by GagaSmith
(Post 6883947)
I saw a quilt book with a very simple applique pattern on the cover. There is no way I would need a pattern to make it--just simple shapes--an easy to replicate childrens' pattern. Is it okay to reproduce (not exactly but certainly close) this pattern without buying the book.
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If the shape you speak of is a heart, circle, or any one of a million other shapes you are fine since your shape would be a different size, however, if it is a detailed 26 point snowflake, or something obviously copied from someone else's idea, then you would be in possible violation of copy write laws is my understanding
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