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quiltlady1941 12-30-2015 01:54 PM

patent question?
 
I seen this quilt that was on the internet, and I just fell in love with it..I would love to try and make some of them, so if they have a patent pending does this mean you can't try and copy the quilt pattern, I'm sure that I won't be able to copy it exactly the same as hers but it would be the same idea, and I didn't know if it would be ok to do this

she makes them and sells them on Esty..She did say that the quilt pattern was not for sale and there was a patent pending so what are your thoughts on this, will the quilt police come after me if I try and copy her idea making a quilt with the same idea as hers but not the exactly as her pattern?.

with a patent on something and you try to made it, does it have to be exactly the same as the pattern to get you in trouble, with the quilt police? Thanks Ladies

MaryKatherine 12-30-2015 02:05 PM

If you're not planning on selling it, I don't believe it's issue.

cashs_mom 12-30-2015 02:38 PM

I agree with MaryKatherine. As long as you aren't selling it, there shouldn't be a problem. I've made things for myself using copyrighted images (Harley Davidson, Disney) and the copyright police didnt' come and get me.

mike'sgirl 12-30-2015 02:49 PM

Yep, just don't copy hers exactly and sell them.

Jan in VA 12-30-2015 03:20 PM

You can always make a quilt you saw somewhere and managed to copy on your own. For your own use.
The consensus seems to be:
It can't be sold or be entered into a show where it will be judged for a prize.
You could enter a show where it is NOT judged for a prize or being offered for sale IF you have given credit to the name of the pattern AND the original designer.

Jan in VA

dunster 12-30-2015 03:48 PM

If the design is original, it is copyright protected and you should not copy it. However, most quilt designs are not original. In most cases (but not all) the copyright applies to the pattern instructions and illustrations, not to the quilt design itself. If the quilt is made up of blocks in the public domain (and most blocks are), you can copy the quilt without any problem. An applique design is more likely to be original and protected by copyright. Patents don't apply to quilt patterns.

Cashs mom - the copyright police may not have shown up - yet - but Disney is very serious about prosecuting people who copy their images. That is their intellectual property, and they make serious money from it, so they protect it.

Whether you change something a little, or whether you sell it, or whether you show it, has no bearing on whether you're copying someone else's work without permission. You will probably never be caught, but you will still be cheating. Even if you purchase a pattern, you still technically need the copyright holder's permission to show a quilt made from that pattern in a show. (Permission is almost always given.)

quiltlady1941 12-30-2015 08:11 PM

[QUOTE=dunster;7418331]If the design is original, it is copyright protected and you should not copy it. However, most quilt designs are not original. In most cases (but not all) the copyright applies to the pattern instructions and illustrations, not to the quilt design itself. If the quilt is made up of blocks in the public domain (and most blocks are), you can copy the quilt without any problem. An applique design is more likely to be original and protected by copyright. Patents don't apply to quilt patterns.




If you make the quilt with the same ideas but don't make it exactly the same as hers, like maybe change the figures to say a baby doll, a dog or a cat , when she used a little girl, you wouldn't be making the quilt the same as hers just the same idea, would this still be infringing on her copyrights.

I would really like to make a few of these quilts to donate to our hospital or some other place that I think would benefit some little person that is in need.. If this is a problem I will just look for some other quilt to make or maybe come up with my own idea for a little persons quilt...It was just such a cute quilt, and great idea for a little persons quilt.. oh well thanks ao much for all of your help.

skypony 12-31-2015 03:17 AM

Mary Fons told me in a video that what you can do, is give the person credit for the pattern she/he/they came out with. In a lable you can say, the quilt is by you, but also put, the pattern is my so and so. This way you won't be stepping on anyone's one toes. I do this with my patterns. Plus, it adds more value and adds to the story of the quilt as with every quilt, there is a story. I did this with my 3 dudes quilt, although I just put my intitals and the year I made the quilt. I told the person I was giving it to where the pattern came from. I hope this answer helps ya.

ManiacQuilter2 12-31-2015 03:21 AM

So many patterns I have seen being sold are not original. Most of my quilts I make are for charity so I don't worry about putting a design layout into EQ and adding my own bit of originality to the quilt. I made quilts from a store who published numerous quilting books and actually sold my quilts at fairs that were held at their store and they never complained. They actually asked if they could photograph my quilts for their books and I of course said yes.

paoberle 12-31-2015 03:43 AM

No one is going to come after you for making one quilt.


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