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Thread: what do you do if

  1. #1
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    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?

  2. #2
    Junior Member Hemlock Tea's Avatar
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    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.
    QMFAO

  3. #3
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    nah, it was definitely a pattern by a designer whose patterns I love.

  4. #4
    Super Member Scissor Queen's Avatar
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    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.

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    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 )

  6. #6
    Super Member Lori S's Avatar
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    Quote Originally Posted by Scissor Queen View Post
    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.
    I agree completely. Recent litigation on this issue has been on the side of the person who purchased the pattern.

  7. #7
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    actually, that is what I did. I walked by her booth,noted the work, and kept walking. But, as you see, I've wondered...

  8. #8
    Super Member catmcclure's Avatar
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    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.

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    Quote Originally Posted by nycquilter View Post
    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 )
    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
    Linda Watts
    http://www.wattsemb.com
    Machine Embroidery

  10. #10
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    I refuse to be the Quilt Police. I hate the way quilting is going with lawsuits and copyright fights.

  11. #11
    Power Poster ckcowl's Avatar
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    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.
    hiding away in my stash where i'm warm, safe and happy

  12. #12
    Super Member calla's Avatar
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    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

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    Quote Originally Posted by calla View Post
    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!

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    Quote Originally Posted by lwatts View Post
    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
    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!

  15. #15
    Power Poster nativetexan's Avatar
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    that person could have gotten permission. you don't know. report it if necessary.

  16. #16
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    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.

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    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

  18. #18
    Super Member Scissor Queen's Avatar
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    Quote Originally Posted by catmcclure View Post
    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.
    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.

  19. #19
    Super Member jcrow's Avatar
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    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.
    "Be yourself...everyone else is taken."
    Strong people don't put others down...they build them up."
    "Remember that your instincts are more important than rules"

  20. #20
    Super Member ghostrider's Avatar
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    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.
    The Earth without art is just "Eh".

  21. #21
    Super Member Candace's Avatar
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    Quote Originally Posted by bakermom View Post
    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
    Perfect and I agree.

  22. #22
    Senior Member lonestardreams's Avatar
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    Quote 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 think I like this response best. I'm not in charge of someone else's work.

  23. #23
    Power Poster BellaBoo's Avatar
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    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.
    Got fabric?

  24. #24
    Super Member jljack's Avatar
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    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.

  25. #25
    Power Poster alikat110's Avatar
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    Quote Originally Posted by ckcowl View Post
    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.
    this is what i believe to be correct.

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