what do you do if
 

you see a quilt for sale at a craft show and you happen to know that the designer has stated, on the pattern, that the quilt cannot be sold? I saw this and just didn't know what to do so I did nothing. But, obviously, I still wonder what I should have done?

I don't know what I would do, but I guess it depends on the quilt- is it obvious that it's someone's pattern- I mean is it applique or something intricate? Or is it a simple geometric design or "vintage" blocks that have been around for ages and someone happened to publish a pattern using them? If it's the latter I wouldn't assume that they used a pattern, but may have come up with it themselves. If it's the former, I don't know what I would do. Maybe ask them about it, about the designer, etc. There may be special circumstances, maybe they got permission if they are raising money for a charity, etc. If they seem shifty about it, I would maybe try to get the name of the shop and a surreptitious photo or something to pass along to the designer and let them know about it so they can decide what to do.

nah, it was definitely a pattern by a designer whose patterns I love.

You shouldn't do anything. To start with a designer does not have the right to say what can and can't be done with someone else's work. No matter what they might try and tell you there is nothing in any law that says they can maintain control over someone else's work. Unless that was a stolen quilt actually made by the designer then you shouldn't do anything.

so, scissor queen, you're saying that my work is my work and I can sell it even if the designer states otherwise on her pattern?? that seems counter-intuitive to me but I do like the answer. I have also seen patterns where the designer says only 10 (for example) can be sold and if you want to sell more, you need to contact the designer for permission. I tend always to do what they say (I may be oppositional, but am ultimately compliant --8^D )

I agree completely. Recent litigation on this issue has been on the side of the person who purchased the pattern.

actually, that is what I did. I walked by her booth,noted the work, and kept walking. But, as you see, I've wondered...

Maybe the original purchaser of the pattern made the quilt and gave it away. The recipient has NO contact, commercial or otherwise, with the designer. Maybe they didn't even know it was a designer pattern. Sort of like the knockoffs of designer handbags. The feds will arrest anyone selling the bags but won't prosecute anyone who just owns one.

She is so Right!
there is a site called Tabberone's, they have faught against all the Big large guys for this very reason, they have won them all also. The large companies say this all the time but the way the USA laws work, once it is put into production, the seller looses all control... they can yell and start a sceen, but they will not be backed up by the laws.


here is the website! this is a great read..
ww.tabberone.com/Trademarks/trademarks.shtml

the pattern itself is what is protected----if the person at the craft fair was trying to sell copies of the pattern that she had copied herself---that is an infringement---
you can not publish or copy other designers patterns and sell them as your own-
when you purchase a pattern you can use it to create something of your own & do with it what you want.

I am so confussed................so I purchased a quilt pattern, and made the quilt. I had it for a while but my taste changed, or my space became too limited for all...........therefore I decided to sell it............I can't? calla

yes you can....just don't make 100 of them and try to sell them!

tabberone only deals with certain issues and is not always 100% correct on most of them!
EAch case, each person, each designer, each issue all deserve to be looked at and the facts taken into consideration!

that person could have gotten permission. you don't know. report it if necessary.

native texan, the question is really from curiosity. I was seeking various opinions. It is way too late to do anything...the craft fair is past, I didn't take the name of the person, etc.

MYOB. you don't have the facts and as others have noted, the designers can state whatever they want but they cannot control what you make with the pattern

Actually there's a big difference between a knockoff and a counterfeit. They'll arrest you and confiscate counterfeit goods but not for a knockoff. That's why you'll see designer knockoff clothes in stores within weeks of something going down the runways.

I know you have to have a quilt label stating who the designer is, that's all. Most people are now putting who made it and who machine quilted it also. I see people selling quilts all the time on ebay and etsy stores. I know a lot of them are from patterns, but who cares. I agree that it's the pattern itself that can't be copied and sold. I've read all about this.

No matter what your position on the "legality" of the designer's statement, why on earth would you go out of your way to confront a seller at a craft show and virtually accuse them of stealing from the designer? What a hurtful thing to do! Re-read some of the threads posted here by members who have had the quilt police criticize them for one reason or another and see how such actions affect people. You did the right thing...walked away.

Perfect and I agree.

I think I like this response best. I'm not in charge of someone else's work.

My neighbor (attorney) has answered this for me several times. A designer can have many rules attached to a pattern. A rule is not a copyright. If you break a rule what happens? If you are a teenager you get grounded. Breaking a rule is not breaking the law. If you notice all rules are printed right next to the copyright so you think it is part of the copyright law. Don't break copyrights but rules as everyone knows are for breaking.

The whole issue of copyright when applied to items made from a purchased pattern has been the object of intense discussion in several places, including this forum. If a large company went out and bought a pattern for a bag, say, for $10.00 and began making and selling the bags for $50 commercially, like in some chain store with 500 stores, then I would say the designer might have a beef. But when it comes to one person buying the pattern and making 1 or 2 quilts and selling them at local craft fairs or the like, there's not a lot the designer can claim as copyright infringement. The quilt maker did not copy and sell the pattern...she made something from a pattern that she paid for, and then sold the item. Big deal!! Some designers are even trying to say that quilts made from their patterns cannot be shown at any quilt show without giving the designer credit for the design. This is getting way silly, and you are correct, the courts are finding in favor of the person who purchases the pattern.

this is what i believe to be correct.

I contacted a designer when I noticed her design being used as someone else's design. She wrote me back and thanked me, apparently the person was stealing her designs and selling the product. The newspaper had taken a picture of the item and I saw it.

I agree, I thought quilting was all about sharing, years ago quilt block patterns were published in News Papers, for anyone who cared to use them. I just don't understand, we buy their patterns, but the quilts we make with them are our own, we should be able to do with them what we want. Same thing with patterns published in magazines. Sorry I'll get off my soap box now. Its just so irritating!!

It may look like the designers design but how do you know the woman did not design it herself. I have designed things and later found out I wass not as original as I thought. It is not for you to judge.

I agree. And the fact that the controversy keeps going on and on all over the internet regarding this makes me worry very little about it. I have a few questions though: Just how is anyone going to check that a person made only 10 quilts of a select pattern and sold them? How long does it take to look around and check it out to see if indeed only 10 were made? And just where do they start looking to find all 10? What would they do if they found 9? Give up cuz they are tired of looking? I picked up a pattern at my LQS and it said that a certain # could be sold. Thank you but no thank you, back on the rack it went. Befuddles me to no end.

I agree with Tartan. Saying that if I buy the pattern (which is a rare event for me) and I buy the fabric, then I cut it sew it quilt it, it is mine to sell if I so choose. If they don't like it I won't buy thier fabrics. Or Patterns!!!! Not to good for them if thier product is not selling.

OK, first, I hope I did not come off as judgmental. I did not intend that nor was I anywhere implying any criticism. It is a well recognized pattern and anyone who knows the designer's patterns knows that one, or I guess, I know it. but really, that was beside the point. just today, I opened my new issue of American quilter and on page 66, it reads: "this pattern may be copied for personal use only. Please request reprint permission for any other use." I think it means permission in print? if it will be used for some other than personal use.

Thats a horse of a different color, you can't reproduce the pattern or the fabric and sell them as your own,
but you can make things from said products and sell them, givin designer credit for pattern.

I would not have done anything!

Who the bleep cares? not me, if I want to raise a fuss it will be about something important like child hunger, lack of proper help for mental illness ..........................

I think you need to do what ever you are comfortable with. I think often it is a scare tactic. But for someone to not want their pattern used and the quilt sold is strange. Maybe someone will see the quilt and want to make it and then buy the pattern - more sales.

I agree with MYOB....in the scheme of things who cares! All this quilt policing is getting out of hand and hurtful to a lot of people. Most of the time the true facts aren't brought forward and finger pointing along with false accusations cause problems. If your conscience is clear why should you give a rip what someone else is doing. Karma eventually catches up to those who are not doing the right things in life.

It would be hard to believe that since you bought the pattern that you could not sell the quilt. How many people have actually made money selling one of their quilts? what with all the time and material costs it is hard to even break even. What if you had bought the quilt and now decided to resell it. .for what ever reason. I don't believe the pattern designer has that much to say when you purchased the rights when you paid for the pattern.

No, that's not how I read it. I believe they mean you can copy the printed pattern (like on a copier) for your personal use only (like to work from), but you need to get reprint permission to print it for any other reason (like to use it for teaching a class). They are just talking about the actual printing/duplicating of the pattern, not any quilts made from it.

That is exactly what it means. You can copy the pattern for yourself, but not for general distribution.

I agree. Since joining this Board, there has been so much controversy over this issue. If a designer doesn't want anyone else to enjoy the pattern, it should not be sold. I consider paying upwards to $10 for a pattern gives me the right to do whatever I want with it. No, I would not make 10 quilts to sell. The designer gets paid for the pattern and after that it is up to the buyer. Bring on the lawyers...that's a good way to kill a thriving industry for sure. As Mom says, "Pick your battles."