Question about copyright
04-11-2012, 08:52 AM
#41
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Join Date: Jan 2012
Location: USA
Posts: 1,615
[QUOTE=Silver Needle;5132828]I am interested in making quilts for resale and a former legal secretary so copyright law was important for me to nail down. After extensive Internet research I have learned 2) it is infringement to sell a quilt made from a pattern without the creator's permission.
And you're dead wrong on this one. Silver Needle, I've been to your website and I've been in your shop. (I was born and raised in Ames.) You have a faaaabulous business. You are well-intentioned, and I know you take this stand because you have many pattern designers who sell patterns through your shop. But you're still wrong! There's a little law called "First Sale Doctrine" that applies to your false statement. Please see the following website for an explanation why your statement is false:
http://www.tabberone.com/Trademarks/...aftSites.shtml
And you're dead wrong on this one. Silver Needle, I've been to your website and I've been in your shop. (I was born and raised in Ames.) You have a faaaabulous business. You are well-intentioned, and I know you take this stand because you have many pattern designers who sell patterns through your shop. But you're still wrong! There's a little law called "First Sale Doctrine" that applies to your false statement. Please see the following website for an explanation why your statement is false:
http://www.tabberone.com/Trademarks/...aftSites.shtml
Last edited by Christine-; 04-11-2012 at 09:08 AM.
04-11-2012, 08:58 AM
#42
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Join Date: Jul 2009
Location: Southwest Kansas
Posts: 4,820
Originally Posted by Silver Needle
I am interested in making quilts for resale and a former legal secretary so copyright law was important for me to nail down. After extensive Internet research I have learned 1) it is infringement if you make a paper copy and give it to someone else to use. 2) it is infringement to sell a quilt made from a pattern without the creator's permission. 3) the presence or absence of the copyright symbol does NOT negate infringement. It is a simple matter to contact the creator and get permission. I now check with the creator for permission before purchasing patterns. Most have given permission, but some have declined which is their right. I just don't buy their patterns. It was suggested when doing show and tell at a guild it would be nice if you gave the creator of the pattern credit along with the long arm quilter if one was used. 4) A quilt pattern is intended for you to make for your personal use unless stated otherwise. If the creator really wanted to push it and was aware you made 5 quilts from the pattern and gave them to family members it would be infringement. If you kept all 5 at your house for their use it is not infringement. However, I would think this unlikely. 5) I also just learned it is infringement if you donate the quilt. So now I need to contact the creator of the pattern of a quilt made in a class because I intended to donate it for a raffle to benefit our local volunteer fire department. Now I will be asking about this when taking classes. Life is complicated when you try to follow the rules isn't it.
You got exactly one right. I don't know where you got most of this but somebody has fed you a line of **.
04-11-2012, 09:05 AM
#43
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Join Date: Jan 2012
Location: USA
Posts: 1,615
Originally Posted by Silver Needle
4) A quilt pattern is intended for you to make for your personal use unless stated otherwise. If the creator really wanted to push it and was aware you made 5 quilts from the pattern and gave them to family members it would be infringement. If you kept all 5 at your house for their use it is not infringement. However, I would think this unlikely.
http://www.tabberone.com/Trademarks/...aftSites.shtml
Originally Posted by Silver Needle
5) I also just learned it is infringement if you donate the quilt. So now I need to contact the creator of the pattern of a quilt made in a class because I intended to donate it for a raffle to benefit our local volunteer fire department. Now I will be asking about this when taking classes. Life is complicated when you try to follow the rules isn't it.
http://www.tabberone.com/Trademarks/...aftSites.shtml
I'm glad you posted Silver Needle, I hope this helps ease your worries! Life gets complicated unneccessarily when people take themselves too seriously, in this case it would be one or two pattern designers who invent silly restrictions. I skip buying from those pattern designers as well.
04-11-2012, 09:15 AM
#44
Senior Member
Join Date: Nov 2011
Location: Louisville, KY
Posts: 386
Originally Posted by Silver Needle
I am interested in making quilts for resale and a former legal secretary so copyright law was important for me to nail down. After extensive Internet research I have learned 1) it is infringement if you make a paper copy and give it to someone else to use. 2) it is infringement to sell a quilt made from a pattern without the creator's permission. 3) the presence or absence of the copyright symbol does NOT negate infringement. It is a simple matter to contact the creator and get permission. I now check with the creator for permission before purchasing patterns. Most have given permission, but some have declined which is their right. I just don't buy their patterns. It was suggested when doing show and tell at a guild it would be nice if you gave the creator of the pattern credit along with the long arm quilter if one was used. 4) A quilt pattern is intended for you to make for your personal use unless stated otherwise. If the creator really wanted to push it and was aware you made 5 quilts from the pattern and gave them to family members it would be infringement. If you kept all 5 at your house for their use it is not infringement. However, I would think this unlikely. 5) I also just learned it is infringement if you donate the quilt. So now I need to contact the creator of the pattern of a quilt made in a class because I intended to donate it for a raffle to benefit our local volunteer fire department. Now I will be asking about this when taking classes. Life is complicated when you try to follow the rules isn't it.
Please recheck your facts.
Patterns are copyright protected. They cannot be copied and given away or sold.
Once you pay a designer for the pattern, the product that is made from that pattern is NOT copyright protected. You can make 9 billion of the same thing and do whatever you want with them--the designer cannot do a thing about it.
Utility items like clothes, quilts, etc are not eligible for copyright protection. What is protected are the written words that explain the process and any associated photographs/illustrations. Not the end product!
Read about it here:
http://www.copyright.gov/title17/
Last edited by dixie_fried; 04-11-2012 at 09:30 AM. Reason: grammar
04-11-2012, 09:20 AM
#45
Senior Member
Join Date: Nov 2011
Location: Louisville, KY
Posts: 386
I'm sorry that it looks like we've all just piled on Cheryl, but that post must have stopped us dead in out tracks.
It's thinking like this by otherwise intelligent and well meaning people in the quilting world that perpetuate what the pattern companies want the average Jane to think....and to have them keep spending the bucks!
It's thinking like this by otherwise intelligent and well meaning people in the quilting world that perpetuate what the pattern companies want the average Jane to think....and to have them keep spending the bucks!
04-11-2012, 09:40 AM
#47
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Join Date: Jun 2009
Location: Bluebell
Posts: 4,291
Originally Posted by garysgal
Ouch!! Unfortunately, it's responses like this that make some of us hesitate to ask questions. There is no such thing as a dumb question, but when the response is this, it makes the one asking feel dumb.
bit.
04-11-2012, 09:49 AM
#48
Banned
Join Date: Dec 2009
Location: Enid, OK
Posts: 8,273
Originally Posted by Christine-
I attended the Mid-Atlantic quilt festival in February and noticed there were far fewer quilts than the last time I was there. The last time the quilts seemed to never end! Quilts were squeezed into every spare inch and it took hours to view them all. I came home with 300+ photos, and even then I only took photos of quilts I liked.
This year, part of the convention hall was simply empty. Huge empty spaces. After I walked through the wallhanging entries I said, 'where are the rest of them?" It was still a very good quilt show, but I was a little disappointed in the number of quilts. Especially after knowing what should have been there. After the McCalls magazine article, could it be that quilters simply threw up their hands and said "Forget it!" We'll never know, probably, but it would be interesting to know if other quilt shows had reduced numbers in quilt entries.
This year, part of the convention hall was simply empty. Huge empty spaces. After I walked through the wallhanging entries I said, 'where are the rest of them?" It was still a very good quilt show, but I was a little disappointed in the number of quilts. Especially after knowing what should have been there. After the McCalls magazine article, could it be that quilters simply threw up their hands and said "Forget it!" We'll never know, probably, but it would be interesting to know if other quilt shows had reduced numbers in quilt entries.
04-11-2012, 10:41 AM
#49
Super Member
Join Date: Jan 2012
Location: USA
Posts: 1,615
Originally Posted by dixie_fried
I'm sorry that it looks like we've all just piled on Cheryl, but that post must have stopped us dead in out tracks.
It's thinking like this by otherwise intelligent and well meaning people in the quilting world that perpetuate what the pattern companies want the average Jane to think....and to have them keep spending the bucks!
It's thinking like this by otherwise intelligent and well meaning people in the quilting world that perpetuate what the pattern companies want the average Jane to think....and to have them keep spending the bucks!
04-11-2012, 11:01 AM
#50
Super Member
Join Date: Dec 2010
Location: MO (the Show Me state)
Posts: 2,947
Originally Posted by BellaBoo
My ignore list of posters is getting longer and longer. LOL
LOL
it helps that there are those who try to stay informed of issues effecting quilters and copyright. i have several friends that are attorneys and a brother that is on his way to law school so i have a few people to ask questions of. i helps to be correctly informed and it is okay to say that you do not know something rather than giving incorrect information.
thanks for keeping this topic relevant as it applies to so many of us.
Last edited by Havplenty; 04-11-2012 at 11:11 AM.
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