Is this okay?
 

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.

The entire world of quilting takes inspiration from others. I have made tons of quilts based on just seeing a picture. If you put the quilt in a show the proper thing to do is give credit like "quilt design inspired by *****" where you can then cite the pattern and designers name if you know it. Legally you are not doing anything wrong (like infringing on copyright).

Personal opinion here, and I'm looking forward to hearing what others have to say, but I think if you are not selling the quilt it would be okay.

I can't say if this is legal or not, but I would do it especially if the quilt was for myself and not for sale.
Any how, you said you would make some minor changes, right.

The world of design would be very narrow if you could not "create' from what was seen. Think about all of the runway gowns that within days have same or similar available in stores under a different label from the original. Think about how many roofs and other details in home construction are duplicated. Quilts are no different.
Proceed with confidence no one will show up with hand cuffs or no summons will appear in your mail box.

Everytime i look around i see a different name on a quilt. why not use a different color and it's a different quilt.

I would follow your conscience. The fact that it occurred to you to ask, suggests you think you should buy the book? If you really do think you should, it will probably niggle at you if you don't.

Personally, I see nothing wrong with being inspired by a picture of something and adapting the idea for your own use.

I wouldn't take a picture of it or sketch it out, from the book. I'd look for a picture of it online and use that as a guideline or make from memory.

I have seen quilts that I like but I usually make some change that I prefer and make it my own. I took the BQ pattern, shrunk it, set it on point and made a very lovely table runner. We who have EQ have the ability to draw any simple quilt out quickly change the size of the blocks. I don't mind buying a magazine or pattern but it really has to be something original for me to want to buy it. So many rehashed pattern out there.

I see nothing wrong with it. Most people buy the books because they want the pattern or patterns and cannot figure it out without the book or want to remember the quilt the way they saw it. You certainly don't have to buy a book or pattern to make every quilt you like. So many that I have made were just by what I wanted to do.

Please don't worry about it. If you do decide to show it, they usually ask what was your inspiration and you can tell them. And if you decide to claim it as your own and sell it - then you will more than likely have problems.

If you are creating your design freehand seems to me it is yours.

It might be easier to do WITH EQ, but certainly still possible to do with graph paper and a little math. Or a compass and protractors.

I often see quilts in books and not wanting to buy a pattern I sort of copy it. As long as you are not selling the pattern you shouldn't have any problem. I think everyone takes a little design from one or two quilts to make one of their own.

I just made a BQ quilt and would love to see a picture of your table runner.

I for one think nothing is really new. So if I see a pattern, I figure it out and make it. But then, I'm not in business, don't sell anything but I do give stuff away. Some fabrics are even copyrighted now, I have read notices on the selvages which is a new can of worms.

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.

Oh dear. So many things to remember. I'm just afraid if I ever bought some of that home use only fabrics I would forget and possibly use it in the car, or for a picnic, or send it to one of my great grandsons in college dorms, or even overseas. So confusing. I do wonder how they know if you use it outside your home. Can they track it?

Either that or it is time "educate your conscience".

Are you Amelia Bedelia? You are joking, right?

I'm thinking if the design is simple enough that you don't need the pattern, then how original can it be? Maybe even inspired by a coloring book page.

A developer can buy house plans and build a house and then sell it for profit. What would be the difference with a quilt pattern?

Sounds more like a chance for McCall's to bully their customers.

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.

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.

For sure...there are plenty of applique patterns on the 'net for free--yours to use as you wish.

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.

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.

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.

I do all the time, if you cannot do this, then what is the use to buy their books, that is what they are out there for to teach or give you ideas on making pretty quilts, they put patterns in them so you can use them I do not see what the difference is myself.

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

I don't see the difference in using the picture than checking a book out of the library and using the patterns in it for free.

Oh my! How many times have I seen a quilt made with simple shapes for a child in tons of patterns and magazines. I don't understand how they can copyright something that has been around for as long as applique has been in existence. I am thinking this must be one special quilt for you to be so nervous about copying it.

The thing that gets to me is, people are able to rip out the pages of the magazine and sell them with no fear of being sued as long as they are selling the originals. Huh? That sure seems weird to me, but happens all the time on e-bay.

I personally like the idea of sighting the original maker as the inspiration response.

How does one determine if a design is in Public Domain?

Interesting. I believe it was a recent McCall's magazine that took the Corn and Beans block, whipped it up in green and gold and called it "Succotash".