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    Old 07-27-2010, 03:43 PM
      #121  
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    I agree with you 100%. There are too many patterns, too many of them done with a little difference and under someone else's name. We but it, we use it, we do whatever we want. It is ours to decide what to do.
    I do not have to advertise the company or any body's name.
    You said it very clearly.
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    Old 07-27-2010, 04:27 PM
      #122  
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    My question is, how do I know if something I decided to do because I liked the look when I tried it is copyright out there somewhere by somebody else who had the same idea?

    For instance I took strips, stitched them together, cut into triangles and restitched with one of each color set to make a square,dozens if not hundreds of other people have done the same thing. It may even have a "name", but I'm neither claiming it as an original nor planning to look at every book, magazine and website to see who else did it. I'll most likely give it away anyhow, but this discussion is telling me I'd have to do all that research if I did want to sell it???

    Even if I buy a pattern for something, I rarely do it just like the original pattern. For me a pattern is a starting point, not a play by play description of what I'm going to make.

    And if I had to give credit for my inspiration for a given quilt, you most likely would say how on earth did that quilt come out of that picture of something with a totally different design and colors. (At this point in time that's the only one likely to be worthy of entering in a show once it's quilted) I'm thinking of my Around the World in shades of green that was inspired by a magazine cover that was shades of hot pinks, oranges and purples and the only similarity is the shading from one to the next.

    I just don't see how a copyright can cover anything other than the pattern itself, especially with quilt blocks!
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    Old 07-28-2010, 05:00 AM
      #123  
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    Originally Posted by mom-6
    My question is, how do I know if something I decided to do because I liked the look when I tried it is copyright out there somewhere by somebody else who had the same idea?
    In order to be guilty of copyright infringement, you must have had access to the original design. If you didn't see it somewhere, you obviously didn't copy it.
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    Old 07-28-2010, 05:20 AM
      #124  
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    I found out the pattern design may be copyrighted but the instructions how to make the pattern cannot be copyrighted! The law is confusing as to what is a useful item. Patterns for useful items cannot be copyrighted. The package the pattern comes in can be copyrighted.
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    Old 07-28-2010, 10:09 AM
      #125  
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    Originally Posted by BellaBoo
    I found out the pattern design may be copyrighted but the instructions how to make the pattern cannot be copyrighted! The law is confusing as to what is a useful item. Patterns for useful items cannot be copyrighted. The package the pattern comes in can be copyrighted.
    I don't know your source of information, but the instructions are most certainly copyrightable. Anything you write, illustrate, or photograph is covered by copyright as soon as it is made public. The pattern, the design, and any quilt made from either do not fall under the "useful item" category for copyright purposes as has been demonstrated in court casess.
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    Old 07-28-2010, 10:28 AM
      #126  
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    So, if I make a quilt from a pattern and want to enter it in the State Fair or a local quilt show, I have to get permission from the designer to be able to display it publically? Does that mean that quilt store owners cannot put up a display quilt without permission from the designer? So, if I give away a quilt and that person displays it, they still have to research the pattern and get permission if I didn't put the designer's name on the label?

    Honestly, what would happen if I didn't? I am not making money off my quilt... at most, getting a ribbon. So, there is absolutely no monotary gain on my part, which would mean that I am not causing the designer a loss of income. If anything, I am putting out their design for others to see, and potentially buy the pattern.

    How many of us have posted pictures of quilts we have done and NOT credited the designer? Does that mean that every picture on this board that has not done so is violating copyright? I have purchased at least half a dozen patterns I would not have had I NOT seen someone's quilt on this board. That is free advertising for those designers. For them to say, "NO" would be like shooting themselves in the feet.
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    Old 07-28-2010, 10:30 AM
      #127  
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    Originally Posted by ghostrider
    Originally Posted by mom-6
    My question is, how do I know if something I decided to do because I liked the look when I tried it is copyright out there somewhere by somebody else who had the same idea?
    In order to be guilty of copyright infringement, you must have had access to the original design. If you didn't see it somewhere, you obviously didn't copy it.
    So what's to stop people from lying and saying they have never seen the original design in any form? I would think for the designers it would be hard to prove, unless it was very obvious.
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    Old 07-28-2010, 11:08 AM
      #128  
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    It seems to me an unlikely thing that a lawyer would be hired to recapture a $6 royalty. I think it would have to be proven that serious monetary damage had been done to make it worthwhile. But that is only my opinion.
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    Old 07-28-2010, 11:16 AM
      #129  
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    Originally Posted by MistyMarie
    So, if I make a quilt from a pattern and want to enter it in the State Fair or a local quilt show, I have to get permission from the designer to be able to display it publically? Does that mean that quilt store owners cannot put up a display quilt without permission from the designer? So, if I give away a quilt and that person displays it, they still have to research the pattern and get permission if I didn't put the designer's name on the label?

    Honestly, what would happen if I didn't? I am not making money off my quilt... at most, getting a ribbon. So, there is absolutely no monotary gain on my part, which would mean that I am not causing the designer a loss of income. If anything, I am putting out their design for others to see, and potentially buy the pattern.

    How many of us have posted pictures of quilts we have done and NOT credited the designer? Does that mean that every picture on this board that has not done so is violating copyright? I have purchased at least half a dozen patterns I would not have had I NOT seen someone's quilt on this board. That is free advertising for those designers. For them to say, "NO" would be like shooting themselves in the feet.
    Misty,
    You can absolutely enter a show, or post pictures of any quilts
    you have made without the permission of the designer. And
    you are absolutely right - it is great advertising for the designer.
    In fact, just this morning I received a call from a woman in
    another state wanting to purchase one of my patterns. She
    had been at a retreat all weekend and another lady was making
    a quilt from my pattern. This woman saw it, liked it, and
    got my info so she could contact me to purchase it. If she hadn't
    seen the other lady making my pattern, it would not have
    resulted in a sale for me. Quilter's sharing their work, and
    things they are working on is a great thing for everyone,
    including the designer.

    As I have read many of the posts in this tread, I am seeing
    a lot of misinformation about copyright law. My hope is that no
    one will get scared of posting pictures, sharing their quilts,
    entering shows, or even putting their work in a quilt shop.
    The biggest thing is just don't make photo copies of a pattern
    and pass it out to a class, or a bunch of friends - instead tell
    your class or friends where they can purchase the pattern if
    they like it. That's the bottom line. Otherwise, please feel free
    to continue sharing pictures, etc. That's a good thing and not
    in violation of copyright law.
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    Old 07-28-2010, 11:50 AM
      #130  
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    So here's one a little off topic but not by much.
    If you decide to teach a class can you instruct students to pick up XX Book to use as a guide?? Or would it be wisest to choose a public domain Example; irish chain or log cabin to work with. These have both been around forever and published i'm sure many times.
    Keep in mind no affilation w/any illustrator, book, etc.
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