Selling Quilts from Magazine Patterns?
 

So I have a question. If you make a quilt using a pattern in a magazine, are you allowed to sell it? I ask because I thought that you could, being that you bought the pattern, but my MIL says you can't. I recently saw something in a magazine that if you make a quilt using a pattern in the magazine it can be placed in a show only if the prize is under $1000 and you give credit to the designer. I have never sold a quilt made from a magazine pattern, but I was just curious whether or not there was a law against it.

Typically, you cannot mass produce a quilt from a magazine pattern to sell it, but a single quilt will not be a problem.

I'm sure others will chime in here in a moment with links and things; but everything I've read says you absolutely CAN sell quilts made from that pattern.

You can't reproduce the pattern itself and sell it. But products you make from that pattern are yours to do with as you please. Keep it, sell it, give it away...up to you.

I would go by the fact if the pattern is already in the public domain (and the majority are) the only thing that the magazine has going is the colorway and method of sewing. Than I have no problem selling it.

This has been an ongoing topic- copyright issues. I once talked to a person in the copyright dept of US and he said that the seller of the pattern has the expectation that the pattern will be made and the maker can use it as they see fit.- sell, donate, gift. But after 1 quilt is made from that pattern then the quilt can be considered mass produced and that you are not allowed to do.- you bascially need to buy another pattern unless you have permission from the designer.

In all cases it is a good idea to read the publcation ad copyright info in the front of the book/pattern to see what you can do with a quilt made from a pattern.

For other post and comments on this topic do a search!

go to the magazines info page and it will usually tell you what you can do, sell, reproduce etc....

This is always an interesting topic because so much seems so gray to me. I noticed that so many pattern are tweaked a little from other patterns. Most of the quilts I made were using two patterns that were produced by a small LQS. Since I allowed them to photograph my quilts. I never worried about selling them. I even had them for sale in their craft fair. I have always assumed that it is the fear of having items massed produced. I try to change a pattern a bit and then I feel free from any limitation. I don't like seeing the conditions printed on the selvage of the fabric.

I find it odd that a lawyer would consider 1 quilt as mass produced, That is not what I would call mass produced

So many people today are copywriting 'old' stuff. Guess I'm old enough now to remember squares and triangles being free to use any way my imagination could take them. It is logical to me that after millions of people over many years using the same basic shapes--why wouldn't two people create the same basic pattern? It irritates me that these things that have been free for decades can now be copy protected.

First, to be clear before I say the rest: It is 100% violation of the copyright to copy patterns. You have a right to sell the pattern you bought, called the first sale doctrine. You never have the right to sell or otherwise distribute copies of it. You can copy it for personal use, say if you need to make 100 paper pieced blocks or whatever. Just being clear before I say the rest.

As for selling the products made, it depends on what the pattern is. If it's based on a block that is in the public domain (as all of the traditional blocks are), and the layout is similar to something that's been done before plenty of times, or it's an obvious design (sampler with cornerstones) then it definitely can't be copyrighted.

If it's something very very unique to the designer, they have some right to control its reproduction, a very, very limited, hard to enforce, right.

I suspect that if you aren't making more than a few of the item, then you're fine, because (1) Unless you use the exact same design and the exact same fabrics, it will be hard to prove in court that you've copied the design and judges tend to lean on the side of gee, it's a pattern!; (2) it would make the magazine look really, really bad to go after a small-time manufacturer when probably a great portion of their reader base is small time manufacturers; (3) The copyright would be ridiculously hard to enforce.

Most patterns allow you to make a few for resale. Outsourcing the design to a Chinese manufacturing plant would be a violation tho....

For individual use, to keep and give away, you can make as many as you want without violating copyright. Or it's unenforceable, as in the pattern manufacturer can't go into our homes and determine how many we've made. Also, if the copyright is hidden within packaging, it's absolutely unenforceable. They are expecting you to enter into a contract for which you don't know the terms. Not enforceable.

I 100% like to support small pattern designers, and I have a huge box of patterns and shelves full of magazines and books to prove it (mostly things I've never made). However, I get tremendously irritated with pattern designers who sell PATTERNS (for gawl's sake) and expect them not to be made. For me, they're in the wrong business. (This is why I never went into stamp crafting. The stamps are ridiculously priced, and they are STAMPS, but you're limited in how many you can make. Geez) If I see a pattern with onerous restrictions, I don't buy it, even though I'm NOT a manufacturer. Instead, I store the picture of the finished quilt, figuring I can likely copy it so it's close enough to the finished design for my enjoyment, while being far enough from the finished design that I won't be violating copyright if I pseudo-copy it. Ideas and inspirations are not copyrightable.

Clothing manufacture can't be controlled at all, because utilitarian items can't be copyrighted. Imagine if The Gap had the copyright on jeans. (Ugh, I'd have to wear skirts!) In that case, no matter how unique, only the pattern itself can be copyrighted. Quilts are arguably utilitarian as well, but not as much of a utilitarian requirement as clothing. Nobody can copyright their shape and use as blankets, but the artwork on the front can have limited copyright.

I just drew a pattern. I've decided to name it "Basic Star". Here it is:
[ATTACH=CONFIG]470060[/ATTACH]
If you've been quilting more than a few hours chances are you've seen something like this. This one I've drawn using flying geese to make the points but HSTs would work just as well. I think it wold be nearly impossible to copyright something like this and where does the copyright begin and end? There are thousands of variations of this basic star shape. Does every possible color variation get it's own copyright? I drew it as a 6" block. Does a 9 or 12" block deserve another copyright? In my opinion something like this block has been done so many different ways that it doesn't deserve a copyright in any form. Does adding sashing between the blocks deserve a different copyright?
Anyway, you get my point. I think for some of these patterns it would be very hard for the designer to prove you violated their copyright.
I do believe in copyrights because they do provide the artist legal protection for unique work but many quilt designs aren't that unique. If a pattern is truly new and unique then the designer has the right to get paid for their design just like any other artist.
Rodney

I agree with the post above. A lot of quilt patterns I've seen use a basic block like that (or a combination of basic blocks) and a certain color scheme, and then says you cannot sell the quilts. Well the person that made the pattern didn't design the block originally either.

I seem to remember one magazine adding a disclaimer about quilts being sold or even entered into competitions.

You are so right. I have patterns from the 20's and 30's that came from my DM and DGM that I now see copyrighted as new patterns today. That really makes me angry.

Many patterns in magazines are variations of age old blocks. The person in the article does not own the rights to those patterns.

the best way to avoid problems is to contact the magazine and ask them- some of them state right in them you can display a quilt, or enter it in a show- but not sell it (which, really means don't put it on the internet offering it for sale- if its a local/private sale they would never know if you sold it of gifted it) some state you can sell up to 5 of the quilts (which again means you can use social media *internet* and offer up to 5 of them) they all have their own rules- and asking is always the best way to know what their rule is...but again- if it's a *private sale* they would never know- it really just pertains to displaying/offering using a social media venue. asking is an easy thing and 9 times out of 10, if you send them a picture of the quilt & tell them what your plan is they will happily give you permission (which you should save in a folder) and might even ask you if they can put your picture/quilt in an upcoming magazine.

:thumbup::thumbup::thumbup:

I write to the designer and ask, just to be safe. For the most part it's as easy as sending an email. Thus far, all have been very nice, respond quickly, and say "go for it!"

Very, very interesting and informative. Thanks.

If I were an attorney what a field day I'd have with these designers. Since I'm not, I'll simply say that they own the copyright to the printed materials, meaning that I can't copy and sell them as my own work. They can't copyright protect anything else. And they really need to get a clue because all they're doing is alienating potential buyers.

Right now I'll buy a pattern I like as a courtesy to the designer. But I'm close to the point where if I read "you can't reproduce for resale" blah, blah, blah one more time, I'm going to stop buying and simply recreate the work to the best of my ability without a pattern. Which in most cases is darned easy. The real joke is that many patterns are so poorly written and designed that they really aren't worth the copyright protection that does cover them.

And for the record, I've never sewed and sold anything in my life -- but I don't like being told that I can't if I want to when I've paid for something.

Just contact the pattern designer and ask for permission to sell an item made from the pattern. Get it in writing. Label it giving credit to the designer.

sandy

Funny this thread should show up as one of my guild friends had put a few quilts on consignment with Keepsake. One of the quilts was a pattern taken off of Quilter's Cache. Keepsake would not take the quilt until my friend had written (email would not suffice) permission from QC's owner for permission to use her pattern in a quilt that was to be sold. The pattern was copyrighted by Quilter's Cache and yes, my friend did get permission to sell the quilt.

Anyone can put a copyright on their patterns but few register them for a fee. This is the only way they are truly protected and would have the right to take legal action. I took a class in copyright law and this is one thing that really got my attention. When you contact a designer it is because of being courteous. Im sure most of the major nationally recognized quilters have registered their works. Good example was when a hotel in Houston had a rug made from a designers pattern. She won in court because the pattern had been registered.

nobody can claim copyrights to a block in the public domain.
nobody can claim copyrights to a quilt layout using blocks in the public domain.
making minor changes to blocks in the public domain do not constitute a new design. they are known as derivatives and copyrights cannot be claimed. same goes for layouts using those blocks.

HOWEVER ...
even when a block and/or quilt layout is in the public domain, the "designer" absolutely does have copyrights - and all associated protection - to the instructions and illustrations in the patterns, books, magazines, etc they publish.

I read that comment to mean you could produce ONE quilt, but more than that would be mass produced.

I am not sure if I had an question about copyright that I would contact the people who would benefit from said statements. I can write anything I want on my magazine or pattern, ;) doesnt necessarily make it true.

If you are confused about copyright rules, the best source of information on what you can and can not do would be a copyright lawyer, not the writers/publishers.

In my study of the issue, pattern designers only have copyright on the pattern itself not on the products made from the pattern. Which is how it should be. Now with that being said, if you are entering a quilt into a show, it might be courteous to notate that the pattern was designed by XX. The poster who said keepsake returned a quilt that didnt have permission. They are an independent company and as such can set rules however they like. It wasnt really a legal thing per se (in my mind) but a courtesy thing and the way keepsake decided to do business.

I agree, if a pattern designer says the pattern is for personal use only, don't buy it. I bought a pattern I really liked and later found the fine print that said you were not allowed to make multiple pieces from the pattern. That designer got her money from the pattern and it shouldn't matter to her/him how many items I make from it as long as it isn't mass produced. To me several items, three or four or any small number would be hard to call MASS produced, so I made what I wanted and totally ignored the fine print. However, I will NEVER buy another pattern from this person so she kind of did herself in with the limitations as far as I am concerned and I do watch for those limitations when I buy a pattern.

That's not what it says. It says can be considered mass produced. The operative word is "can." It doesn't say is considered. I try to listen to those small words. Drug commercials say if you can't afford the drug, the drug company may be able to help. The operative word is "may." It doesn't say definitely will help, but may be able to help. No mention of what their criteria is for that help.

as always this is an interesting post ! My quilting group is making a raffel quilt to be "sold for charitible reasons". In the cpyright wording in the front of the book the designer stated " this quilt may be made for charitible donations. Must have design cresit written on the label" In this case we did not ave to get permission to make this quilt as a raffel quilt .

Also ICLANG- do you buy a pattern with the intent of making the quilt for resale? IMHO- personal use is for your own use or to be given as gifts not to be made for resale. If you want to make it to sell then get permission from the designer.

Over the years I have published several patterns. I too have had many copyright questions from both sides, as originator and as user/seller. There is a lot of misinformation out there. Here is a site that finally cleared it up for me as well as showing a lot of history of abuses, including (perhaps even especially) major pattern producers.

This is just one of several hundred resources they have available. It deals specifically with Quilting, Knitting, etc., but I encourage you to explore their many pages.

Another aside: I did have a specific question for which I could not find a for-sure answer. I wrote them a very concise online email and wonder of wonders, they responded in kind!

Great folks, here: http://www.tabberone.com/Trademarks/...Quilting.shtml

Hope this helps clear it up for you too. Because something is common practice doesn't make it legal.

Jo,
Great reference, thanks for posting.
Kay

Deleted because I decided I don't want to get into the copyright debate again!

Thank you Jo Belmont for posting the link tabberone.com. Backs up my info above. Im just not sure how we find out if a pattern has been registered.

Thank you Jo for the link - great reading - very explanitory & informative!

These were my thoughts EXACTLY when I read the OP and then the various replies. :o

But some of us will always be intimidated by someone else's statement of "this is mine".

Unless the design is actually unique, I can't even imagine how a magazine would know that you got it from them and not from sitting at your own computer using EQ. I have no idea if some of the stuff I've got saved on my computer in my EQ designs folder has been published by a magazine somewhere. I figure just everything I've done probably has or probably will be--and I will probably remain ignorant since I don't get any quilting magazines unless they show up at a thrift store when we are in the states.

I bought an embroidery pattern (in another state) that I fell in love with - bought it because of the picture of the finished product, didn't realize it was embroidery until after I got it home and looked more closely at it. After a while, I figured out a way to adapt it to a quilt pattern, Wrote to the pattern designer, and asked for permission to convert it to a quilt pattern, and she agreed, said to give her credit as the designer, which I fully intend to do. I can follow a pattern, but my hat is off to someone who can think up an original design, so I do feel that she deserves to be paid for her work, and receive the credit as the designer.
However, I feel that since the magazine printed multiple copies of the magazine, they have to expect that there WILL be quilts made from these patterns. If I have paid for the magazine, I have paid for that pattern, and can use it to make as many quilts as I choose from that pattern. If I change colorways, or one small design segment, then it is ADAPTED from that pattern, not the exact one shown. However, I would still give credit to the "author" by putting that information on the label, as much as possible. Or say something like "My version of Pattern ABC, from (Quilt Name) Magazine.