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Old 04-12-2012, 05:19 AM
  #81  
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When your husband says you can't spend his money on fabric do you "mind" him. These designers who feel they can rule the world of quilting burn my butt. I buy a product, I use it in my own fashion and I'm not going to mass produce anything with any of their tools or designs. Just because they say we can't sell a quilt we made for ourselves or whatever doesn't mean it's the law. Pretty "ballsy" of them to think they can dictate to the rest of us. I'm obviously wound for sound this morning. Need to stop venting and get to work. I apologize to those of you who disagree with me and thank those of you who agree for letting me blow my cork.
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Old 04-12-2012, 05:51 AM
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I have never published anything but I am very sensitive to people using my ideas as their own, particularly without giving credit for where it came from. Even on a job, I didn't like the boss using an idea that came from me, as though it was his own. It could have made the difference between a promotion of staying stuck where I was and the boss going on to more glorious things. These patterns are these people's creativity and the way they make their living so don't "steal" from them.
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Old 04-12-2012, 06:05 AM
  #83  
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Originally Posted by Phannie1 View Post
I think if you apply this to all crafts across the board... You would no longer be able to have any craft fairs or sale of any kind. No handmade purses, pillows, or any birdhouses that we create from patterns from any source.

Which is a blessing for me-------------I think. I don't buy patterns. Sometimes I do draw up patterns based on pictures of quilts.
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Old 04-12-2012, 06:08 AM
  #84  
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Originally Posted by gmcsewer View Post
I have never published anything but I am very sensitive to people using my ideas as their own, particularly without giving credit for where it came from. Even on a job, I didn't like the boss using an idea that came from me, as though it was his own. It could have made the difference between a promotion of staying stuck where I was and the boss going on to more glorious things. These patterns are these people's creativity and the way they make their living so don't "steal" from them.

"steal" what? The pattern?

Then comes another problem if anyone is looking for a problem. I've bought dress patterns and knitting patterns and crochet patterns from Goodwill, from yard sales, from rummage sales. Are those groups committing crimes against copyright laws?
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Old 04-12-2012, 06:09 AM
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Originally Posted by Tartan View Post
I refuse to be the Quilt Police. I hate the way quilting is going with lawsuits and copyright fights.
I agree with you ,if they don't want their patterns used or sold then don't put them out for the public to see or buy to start with.
the whole things has started to give quilting joy a stinky pinch.
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Old 04-12-2012, 06:14 AM
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Well, the pattern was purchased, the designer already got the money for their part.
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Old 04-12-2012, 06:38 AM
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I agree, I am not the quilt Police,
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Old 04-12-2012, 07:02 AM
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Originally Posted by diamondee View Post
Well, the pattern was purchased, the designer already got the money for their part.
There are some very separate issues here:
Copying physical patterns and selling the copies - Cleary infringes copyright and is wrong, don't do it.
Selling a pattern or claiming it as your own. (similar to above if you are making copies but if you claim for something that isn't your own that is also clearly Theft.)
Selling a pattern your wrote yourself of a design you made up yourself or is "public domain" like geometric quilt blocks. Appliqués etc you have drawn yourself are clearly going to be original unless you have copied/ traced them so this is clearly okay. If you draw a recognisable character (such as a cartoon) then you may be infringing a trademark, but only if you try selling it as your own or claim it is official in some way.

Re-selling a pattern you bought in its complete and unaltered ( although not necessarily unused!) form so that the original designer has the credit. You paid them in the first place so you are just de-cluttering!

Using trademarked logo'd fabrics to make things for your friends/ family not for sale - clearly okay
Using trademarked fabrics and selling items you made from them for profit - clearly a very large grey area. I think most people can agree that if you made an item say a specific tote bag from two fabrics, both fabrics cost the same. one is a trademarked motif fabric and one isn't, both bags are sold for the same price you cannot be seen to be profiteering from the trademarked motifs. You are selling a bag you made and the fabric is not affecting the price. If the trademarked fabric cost more than regular and you charged more you are reflecting the cost in materials again your profit margin is for your work/ labour. If you sell the trademarked one for more just because of the motifs then you step in to a grey area which is hotly debated.

Selling an item you have made from a pattern.... As long as the maker admits that the pattern is not their own design and that is it from X pattern by so and so I cannot see what the problem is. The cost of the pattern is a drop in the ocean compared to the other costs of making a quilt. Fabrics, thread wadding and TIME. I think the insertion of the words not for commercial manufacture is aimed at the big manufacturers who would make thousands of an item to sell. The designers are trying to protect their income and the work that they put into producing the pattern.

I teach and I make up my own patterns and worksheets and I have a phrase that these are only for the personal use of the person attending class and may not be copied, loaned or otherwise distributed without permission. this is because I don't want one person coming to a class and doing the class then taking my worksheets and handouts away and copying them to give to a group of friends so they don't have to come to the class or buy the pattern themselves. Teaching classes is how I earn my living and so I feel that the time and effort that has gone into the handouts and patterns should be protected or at least valued. I say to all my students that if a friend likes the pattern I would be happy to sell them one, or I would be happy to go to groups to teach the class. I am saying, please don't steal from me.

There are a lot of patterns out there available for free and some have conditions attached. Free patterns even on pay for some patterns websites usually have some limitations on them. however, i have to say that I have been blessed with the generosity of the quilting ( and jewellery making) communities. Each time I have seen no note of if the pattern can be used for teaching, I have contacted the designer and asked. And I have never been refused. Usually the conditions are very simple and common sense / due politeness.
-Give credit for the original design
- Do not alter the original pattern itself or instructions.
-State the original source - refer to the designers website where people can get more cool stuff(free and paid for)
-Share images of the work produced with the designer.
-Share any supplemental information (for example I used a you tube video for a crystal weaving project and wrote my own set of written step by steps to assist in the classroom. the designer asked for a copy so she could post those up with the video for the benefit of others and I was happy to agree.)
-If it is a paid for pattern that each student has their own copy of the pattern/book. (Bethany S Reynolds has that caveat in her books and others do too so you don't need to even ask).

As for the original posters dilemma, it would depend on the design and what the person selling the item said about the item itself. If she had claimed it as her own design I may have innocently mentioned I had seen it somewhere before, because you know what, the person selling the quilt at the fair in front of you could have had their design stolen too!!! but it isn't for us seeing the item to sort it out it is up to the designer. If you think something is hinky then you may wish to take a business card and give the information to the person whose design you think has been "stolen" and it is up to them to legally sort it out.

the difference boils down to what you consider theft and stealing and sharing.
Theft is taking without permission.
Sharing is giving and receiving with permission.

Theft bad, Sharing Good
Ask nicely and most often you shall receive in return.

becks
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Old 04-12-2012, 07:26 AM
  #89  
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Originally Posted by nycquilter View Post
no, it really wasn't. And since you asked, I will tell you. I am trained as a scientist/clinician and had to conduct then write up original research to obtain my doctorate. As almost anyone in any research area can tell you, plagiarism is really a major issue. Given that you "publish or perish" if you are in research, your very livelihood depends on avoiding plagiarizing anyone or having anyone plagiarize your work. So, I'm sensitive to that. Plus, it was applique and original, not a simple nine-patch, as you intimated. And I love this woman's work and learned her technique in class. So, right or wrong, I feel like she's a personal friend and am at least psychically watching out for her. Third, I was raised by a true, evil sociopath and as a result, I am overly super-ego bound, so that is why I think of these things. I worry about everyone in a psychological attempt to undo the evil my father strewed liberally.

And, to end it, I do not understand why some responses seem so angry and others mean. I was taught, if you have nothing nice to say, say nothing. If you are tired of this subject, you had the choice not to open the topic. Walk on by, or as several said (and I heard as hurtful though they may not have been intended as such), MYOB.

now, I'll probably have incited a war. I'm sorry. Can I blame it on power surges? and stress? I really do like this site and try to respect everybody's point of view.
NYCQUILTER ~ I read your post as merely asking a valid question. The question of who owns what 'right' to what pattern or what can be done with fabric once purchased will be debated forever. Maybe it all boils down to this...what does each individuals moral compass tell them is 'right'. Will I share a pattern that has been published in a magazine with an individual on the board, should I own that magazine? Will I copy a pattern out of a quilt book and share with an individual? Will I make a copy of a pattern that I've bought and then share with an individual? Will I make quilts with a pattern and with fabric I've purchased and sell them? We're all individuals with as many different moral compasses as there are quilts and techniques, don't we all do what we feel is 'right'?

There are laws and rules....there are those of us that follow as best we can (I personally set my speed control 3 miles over posted speed limit.... snicker) so I break some rules consistently. But there are lines I will not cross. Someday I'm going to probably run into a cop that won't look past my personal rule of conduct regarding speed limits....then I'll pay for my indiscrection...

I'm hoping that some of the responses were never meant to be read as angry or unkind to someone just asking a question.




Last edited by onaemtnest; 04-12-2012 at 07:38 AM.
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Old 04-12-2012, 09:13 AM
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There are laws and rules....there are those of us that follow as best we can (I personally set my speed control 3 miles over posted speed limit.... snicker) so I break some rules consistently. But there are lines I will not cross. Someday I'm going to probably run into a cop that won't look past my personal rule of conduct regarding speed limits....then I'll pay for my indiscrection...

I'm hoping that some of the responses were never meant to be read as angry or unkind to someone just asking a question.



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This made me chuckle. Recently my husband and I were traveling- he was driving. A DPS officer stopped us and when we pulled over he came to the passenger side- where I was sitting. He told us that we were speeding and my husband said "I had the cruise control set on 74 so I wouldn't go too fast". I looked at the officer and rolled my eyes. He said "Well, if you set it on 70, you'll come a lot closer to the speed limit". I laughed out loud. He was super to us. By law, we have to hand the officer our CHL over to the officer with our Driver's License. He was so great about it all. Thank goodness, we got only a warning.

I know this doesn't have anything to do with quilting and copyright but wanted to share.

Hope everyone is having a great day.
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