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Question about copyright

Question about copyright

Old 04-11-2012, 11:06 AM
  #51  
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I'm just glad that my quilts aren't good enough to put in quilt shows. And I always give them away. I'm not going to keep all the quilts I make, that would be crazy! I read where you need to put the designer's name and the quilter's name on a tag on your quilt and then it's okay and I am going with that because I am still going to give my quilts away. I agree that you aren't suppose to make copies of the pattern and distribute them...I understand that completely, but the rest is just nuts!!!
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Old 04-11-2012, 12:54 PM
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I took my information from kathleenbissett.com/copyright%article.PDF. And http://www.quiltingbusiness.com/quil...ght.htm.,among others. I am only trying to do what's right and legal but that's pretty difficult to figure out. Also I do not own a shop in Ames. My business is longarm quilting, Silver Needle Stitching, LLC.
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Old 04-11-2012, 03:26 PM
  #53  
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Originally Posted by Silver Needle View Post
I took my information from kathleenbissett.com/copyright%article.PDF. And www.quiltingbusine...,among others. I am only trying to do what's right and legal but that's pretty difficult to figure out. Also I do not own a shop in Ames.
Yes, I realize you aren't in Ames... I was explaining that's where I'm from. I love Iowans!

I understand you're trying to do what's right. Kathleen Bissett is in business to sell her patterns. At least 3/4 of her copyright blather is false information. Surprise?

The biggest false statement she makes is where she tries to pull one over on you by saying a quilt made using her pattern is a "copy" of her pattern. Hooey! The quilt is the "end product" not a copy! She has NO CONTROL over the "end product". Kathleen's copyright page is so full of holes it could pass as swiss cheese. "First Sale Doctrine" is the key to the truth. A copyright protects original creative works. The copyright does not extend beyond the work protected. For example, a copyright of a new quilting pattern only protects the actual pattern; the copyright does not extend to items made from the pattern.

Tabberone created a wonderful database to help debunk the myths. Once you separate the myths from the truth it's very simple!
http://www.tabberone.com/Trademarks/...aftSites.shtml

Last edited by Christine-; 04-11-2012 at 03:45 PM.
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Old 04-11-2012, 03:43 PM
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Originally Posted by Christine- View Post
Yes, I realize you aren't in Ames... I was explaining that's where I'm from. I love Iowans!

I understand you're trying to do what's right. Kathleen Bissett is in business to sell her patterns. At least 3/4 of her copyright blather is false information. Surprise?

The biggest false statement she makes is where she tries to pull one over on you by saying a quilt made using her pattern is a "copy" of her pattern. Hooey! The quilt is the "end product" not a copy! She has NO CONTROL over the "end product". Kathleen's copyright page is so full of holes it could pass as swiss cheese.

Tabberone created a wonderful database to help debunk the myths. Once you separate the myths from the truth it's very simple!
http://www.tabberone.com/Trademarks/...aftSites.shtml
the problem with spouting that everything Tabberone says/posts on their site as being the "gospel" trueth about the issues, is that you are then believing THEY say instead of actually doing the research for your self. Many artists/designers are fighting Tabberone and winning! They can limit what you do after the "first use" doctorine!
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Old 04-11-2012, 04:00 PM
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Originally Posted by jaciqltznok View Post
Many artists/designers are fighting Tabberone and winning! They can limit what you do after the "first use" doctorine!
Hi! I'd love to learn more, could you share information about limiting the use of a pattern? I'm not sure what you mean by limiting what you do after the "first use" doctrine? A copyright protects original creative works. The copyright does not extend beyond the work protected. For example, a copyright of a new quilting pattern only protects the actual pattern; the copyright does not extend to items made from the pattern. Using the "copyright" as a way to limit the use of a pattern can't be done.

I read the First Sale Doctrine. It's available online for free at government websites. And I read Tabberone's site where she quotes the First Sale Doctrine, and she quotes it accurately. It's accurate information on Tabberone's website, since she literally takes you word for word through the First Sale Doctrine. It's not rocket science after all, it is on government websites for anyone to read.

I think you're talking about a "license", not a copyright. If a designer want to "license" a pattern, that is entirely different than a copyright. Licensing is an entirely different animal all it's own. Copyright is automatic and costs NOTHING when you publish a pattern. Licensing costs mega bucks to get done, but if a designer want to limit a quilter to making, say, 5 quilts then by all means spend your money! Can you imagine the price the pattern would have to be in order to recoup the cost of getting a license?

Last edited by Christine-; 04-11-2012 at 04:15 PM.
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Old 04-14-2012, 04:02 AM
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Originally Posted by jaciqltznok View Post
to clarify, copyrights are generally NOT on the design elements, but are on the techniques, directions used to execute the making of the design! Even then, search the public domain blocks and you will find that your element might already be there!
Karen Combs is known for her quilts of illusion. Perhaps she has a similar pattern. check her website.
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Old 04-14-2012, 12:59 PM
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I thought I'd add another thought about the difference between a License and a Copyright. When a pattern is published, unless there is a trademark and/or license registered with the government a designer should not print "for personal use only", "you may only use this pattern blah blah times if you plan to create a quilt for sale", "jump up and down on one foot while singing 'Froggy went-a courtin' before using this pattern" or any other such nonsense. The copyright does not extend beyond the work protected, I.e.: the item made from the pattern. Using the "copyright" as a way to limit the use of a pattern cannot be done... although a designer can huff and puff all she wants.

Many designers do this, yes. They look silly, and it's sign to me to buy someone else's pattern. The purchase of the pattern is not a legal "agreement" to abide by the blather printed on the package and the only way to get an "agreement" is to register this "agreement" with the courts before the pattern is printed. And once it's printed, it should contain the trademark symbol or licensing information clearly marked on the product. (When it's a fabric, this mark is placed on the selvage.)

Last edited by Christine-; 04-14-2012 at 01:07 PM.
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Old 04-14-2012, 01:49 PM
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To add a bit more. I have not signed an agreement to the terms stated on the pattern before I purchased it. Therefore, I am not bound to the stated terms. I also did not agree to the terms by purchasing the pattern. No where on the pattern does it state that by purchasing this pattern I agree to the limited use terms.


Originally Posted by Christine- View Post
I thought I'd add another thought about the difference between a License and a Copyright. When a pattern is published, unless there is a trademark and/or license registered with the government a designer should not print "for personal use only", "you may only use this pattern blah blah times if you plan to create a quilt for sale", "jump up and down on one foot while singing 'Froggy went-a courtin' before using this pattern" or any other such nonsense. The copyright does not extend beyond the work protected, I.e.: the item made from the pattern. Using the "copyright" as a way to limit the use of a pattern cannot be done... although a designer can huff and puff all she wants.

Many designers do this, yes. They look silly, and it's sign to me to buy someone else's pattern. The purchase of the pattern is not a legal "agreement" to abide by the blather printed on the package and the only way to get an "agreement" is to register this "agreement" with the courts before the pattern is printed. And once it's printed, it should contain the trademark symbol or licensing information clearly marked on the product. (When it's a fabric, this mark is placed on the selvage.)
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Old 04-15-2012, 05:57 PM
  #59  
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Go online to the library of congress, and look up copyright laws. Or best ask a lawyer! This is a legal issue and you should let the legal experts answer it.
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Old 04-15-2012, 08:04 PM
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This is in a pattern I bought-

"All rights reserved. No portion of this book may be stored in any retrieval system, or reproduced mechanically, electronically, or by any other means, including photocopying, without prior written permission from _________. This pattern is for personal, non commercial use of the retail customer only. Quilts made from this pattern are protected by Federal Copyright Law and may not be made for resale or commercial use in any form without prior written consent from ___________. Quilt classes based on this pattern must require each student to purchase their own book. It is illegal for quilt teachers to copy or rewrite these instructions in any way for distribution to students."

I've thought that this is excessive. While I will likely never get beyond beginner in my quilting, it seems absurd that someone can tell you what you can do with a quilt that you made. If that's the case, then this person owns, my fabric, time and hours on my machine.

I could never sell anything that I make. I'm certainly not good enough for that but really? And still more odd, since then, I have seen other patterns for sale that look like the pattern I bought with that statement in it.

Just for me now, I look at these things before I buy a pattern. What happens if you give the quilt to someone and they sell it? What a mess. I would think a designer would want the quilts made from their patterns be sold or given away to help create interest in their work. It seems beyond greedy and I won't buy this designer's patterns again.

This is a great place for information exchange. And sorry for such a long post.
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