ghostrider

Public domain is now being discussed in a separate thread.
http://www.quiltingboard.com/main-f1...s-t261518.html

Brenda Papadakis has trademarked the "Dear Jane" name. She is capitalizing on the 'Dear Jane' name only, plus any written text or derivative patterns she came up with (which would be copyright protected). That is her right.

It has nothing to do with the Stickle quilt, which is in the public domain. You may copy the Stickle quilt and any of the blocks in it without restriction, you just can't refer to it as a 'Dear Jane' quilt. Baby Jane is not trademarked, btw, nor is Jane.

In fact, if you do a web search, virtually every mention of 'Dear Jane' is followed by this in parenthesis: "Dear Jane® is the registered trademark of Brenda Papadakis and is used with permission". I'm probably up for trademark infringement as we speak.

joe'smom

I don't understand this trademarking of phrases, especially in the case of securing the trademark of a phrase that describes something one didn't create. Now to me, this seems like a good example of what has been mentioned as not 'respecting the artist'. It doesn't seem to respect Ms. Stickle, to claim rights over the phrase that describes her quilt (unless it was not Stickle, but Ms. Papadakis herself who first referred to the Stickle quilt as 'Dear Jane').

ghostrider

That's exactly the case. The Stickle quilt dates to 1863.

yobrosew

Love Brave Little Chicken series. The few (but could be major) discrepancies when compared to actual law written could be attributed to the fact that the author is a young Public Health Attorney. (which of course does not mean she is not studied on copyright, of course)

yobrosew

I had posted a link to a presentation/article by an actual copyright attorney somewhere in one of these controversial copyright threads but can't seem to find it now. It is not http://www.tabberone.com/Trademarks/...Patterns.shtml Any help finding it? It was an easy read and posted sometime before the one above. Thanks!

LyndaOH

While I do make some bed quilts based on traditional blocks, I would argue that most of my quilts are completely original and don't include blocks per se. Don't forget that in addition to there being many opinions on copyright law here, there are many different kinds of quiltmakers here.

FroggyinTexas

Ah! The voice of good sense. froggyintexas

Jeanette Frantz

I have been doing some reading myself, and if I understand the copyright law, a quilt falls into exactly the same category as clothing patterns. You may notice that a pattern envelope has a "copyright" on the front; however, the clothing is termed in the copyright law as a "useful article", and so is a quilt. Copyright case law has ruled that a dress pattern, or the item made from the pattern, is a "useful article" and is not, therefore, subject to the copyright laws, because it cannot be copyrighted. I'm not going to be adamant about this because I want to read further. From what I've seen, the actual pattern you purchase is copyrightable, but the articles made using that pattern are not! As I said, I am readying an studying on this subject. If I had lots of time and were physically able to do so, I would make a day of researching the question at the Univ. of Florida law library. If a dress pattern cannot be copyrighted, then logic tells me that neither than a quilt pattern. Today's patterns are based on shapes and designs that have been in common useage for more than 200 years. Absolutely, I would not reproduce and distribute the pattern itself. Let's all take a deeper look at the issue and not hit any panic buttons yet!

Jeanette

ghostrider

Some additional references to check out.

This is the definition of "useful articles" according to the copyright office.
http://www.copyright.gov/fls/fl103.html

This copyright attorney discusses what types of work are not protected by copyright.
http://www.bitlaw.com/copyright/unprotected.html#useful

This is a Q&A discussion with the attorney/quilter author of the Brave Little Chicken copyright series.
https://whileshenaps.com/2014/03/can...g-pattern.html

This article on patterns and copyright is from the Ohio State University's Copyright Resources Center.
The article is about clothing patterns, but if quilts are also in the useful articles category, then this info would likely apply.
http://library.osu.edu/blogs/copyrig...t-protections/

One thing that has not been mentioned is the fact that the copyright laws of the country where the copyright was claimed are the ones that apply to that item in all 168 countries that have signed the Berne Convention. In other words, if you buy a Canadian pattern, make a quilt and sell it without the pattern writer's permission, then you are, in fact, guilty of copyright infringement because that is the law in Canada (also in the UK). There is no exemption for useful articles.

This piece is by a UK designer and it points out some differences that clearly rub her the wrong way. Nontheless, it's useful information.
https://dawnhocknell.wordpress.com/2...ng-patterns-2/

Dodie

The more of this I read and more of the spin off patterns that I see I have decided to just quilt and enjoy it I would not make a copy of a pattern to sell even a free one but for friends to get together and share and sew I think that is what it is all about the one thing missing today is the old fashioned quilting bees where people got together and enjoyed fellowship whether it be caning or quilting so when I buy a pattern or a piece of fabric it is mine things use to be to enjoy now it seem only money money and the crooks seem to be winning if by no other way than to worry people but I m going to sew with my friends and enjoy it and forget it Relax and Happy Quilting everyone