An Artist's Rights
 

Kudos to the article on copyright law. As Patrice said, "...it's not as bad as it seems." Having worked as a paralegal I know how very important wording can be, believe me when you are working on the 27th re-write of a brief you understand.

Just my opinion, but I am in favor of respecting the rights of the artist that created the pattern. He/she designed the pattern, no doubt based on centuries of previous designs; however, it was their creativity that led to the publication of the pattern I purchased. It is then my right to make that quilt and give it to a friend or family member. I could tell them that it was just an idea I came up with, which is an outright lie. If I make the quilt and then attempt to sell it with the same explanation I am infringing on the rights of the designer of the pattern, same as lying to my friend or family member.

There are so many sources for patterns available to us, so many are free while others are available at reasonable prices. I will not copy a pattern I purchased to give to anyone who asks. The pattern is out there for purchase or download.

If you make a quilt and give it to a friend and then he/she gives it to a friend and claims that he/she made it would that hurt you? I have my favorites, as do we all; I've spent way more than I should on patterns and I love each and every one of them. Why do I spend money on a particular designer's patterns? They are gifted in an area in which I am not and I respect that gift.

It is an old saying, but "Do the right thing."

Now I'm getting confused. If I buy a book that has a photo of a fussy cut Churn Dash, and I make a fussy cut Churn Dash with different fabrics than in the book, am I violating copyrights?

I think it speaks well of the members of this board that so many have participated in this discussion. I am also impressed at the qualifications of the contributing members. After reading every post, I still have many questions, so I hope the discussion continues.

It can get quite ridiculous... How many published patterns have we seen that are nothing more than traditional blocks given new names? Sorry... I don't respect that as someone's "original". Copyright is the right of "copy"... copy meaning the actual written words. No one has the right to take your writing, the way you explained the making of the pattern. However, making a "knock off" of the original design from pictures is fair game. It's the reason so much of the fashion world is 'knocked off'. The law does not prohibit it. Books, written patterns, song lyrics... all that "copy" is protected. Actual designs, not so much. However, an ethical person would give some sort of credit to who or what ever inspired their creation.

I am a knitting pattern designer. How I wish my actual designs were protected from being copied. However, it is only my written words-- the way I explained the instruction-- that is protected under copyright law. And even that is only enforceable if you have the money and legal representation to sue those infringing on your rights.

Where is this discussion taking place? This is the first thread I have seen any kind of discussion on copyright, since PatriceJ immediately locked what she posted about copyright. It appeared discussion on the topic wasn't welcome.

Copyright discussions come up periodically here on the board.....the article Patrice posted was interesting, confusing and made my brain hurt......the implications were broad......I am still and will probably always be confused.......if I buy a quilt mag, like a pattern well enough to make it...even to buying the identical fabs, make it and decide to enter in our little county fair....wins first place ribbon.....I get a check for a big $10.00---- so I should share that $$$ with designer..who gets the ribbon or is it shared custody? Or should I make them and hide them under a bed......

You received the ribbon for the entirety of the work, not the design. Personally I don't understand people who copy stuff verbatim out of the book. You've made yourself into a robot. Not even my first quilt (see feet) yellow brick road was made verbatim from the pattern. Perhaps I am just bored too quickly. As a world famous block designer (well, one block) I don't care if you make a zillion dollars off it, just give Tim's Compass Star it's due. Funny story there... I ran across a guild on the net a couple years ago that used that design for it's block competition. Properly attributed to my internet pen name "k_jupiter". Pretty funny. tim in san jose

Whether what you call a 'knock off' is copyright infringement or not depends partly on what form the original took. Under US copyright law, the design aspect of 'functional' items such as clothing and quilts is difficult, if not impossible, to copyright. The written pattern, yes, as you said, along with any original photos, drawings or art work included. A significant exception is art quilts. They are not considered functional for copyright purposes so their design aspect is more easily protected.

Readers should be made aware that the Bissett article that was posted is talking about Canadian Copyright Law and it was written by a Canadian designer, someone who has a very personal financial interest in what you are told about copyrights. There are notable differences between the Canadian and US laws, the non-covered design aspect of functional items being just one. Another is that, in the US, you do need to have your copyright registered in order to bring suit for infringement, and it needs to be registered before the infringement occurs.

The Bissett article was the first time I have ever seen mention of sharing prize money with the designer if your commercial pattern quilt entry wins at a show. I've been copyright savvy for a long time and that struck me as pretty presumptuous, even for a designer. Most major shows now ask for the pattern name and designer on the entry form if you used a commercial pattern and some require the designer's written permission (though many designers themselves are calling this requirement unreasonable and unnecessary), but the show folks make no mention at all of having to share any resulting prize money. And that is NOT something they would drop on you only after the fact. The designer gets their name and pattern mentioned on the shown quilt's info card which is marvelous free advertising for them. In small shows and others where designer info is not requested, it is always proper to mention it on your own in the quilt description.

Do some research. There are more and more sources of information available that address how copyright law impacts quilting in particular now that quilting is such a big business and has spawned so many small businesses.

My feelings on this are ...unless you are litigating attorney with experience in these specific matters (copyrights and quilt patterns and designs) and can reference specific court rulings that are pertaining, then what is offered is only an opinion.

http://www.bravelittlechicken.com/archives/796

The original post by QuiltnNan was very long and had a lot of legalize that is hard to understand. The above link is from a quilter who is also an attorney. After reading the information in the above link I don't think we have anything to worry about. I believe Patrice is just trying to keep everyone from getting into a stampede we don't need to get into. Basically, for the every day Jane and Joe just don't make copies of patterns you bought and sell them as your own or give them out in a guild or class.