I don't know about you all but this copyright thing can be so confusing when it comes to quilt patterns. I belong to 3 other groups on the computer and they each had an issue when it came to someone violating copyrights. I am almost afraid to make a quilt for someone as a gift for this very reason. When does it stop? When does it become your design? For example.....the bag I made for Midge came from a free pattern from Connecting threads. I made a quilt block instead of using what was suggested. So does that make it my design because I changed the center or is it still the designer's pattern?
And quilt patterns in magazines, can I sell them or is that an infringement on copyright?
Trina

Trina, I'm with you I have no idea how that all works. I bet Kim could help with this question.

Jody

trina, even tho i work for an attorney, his practice is mostly real estate so i DO NOT know a whole lot about copyright laws.

here is a basic definition on this link:
http://www.techlawjournal.com/glossary/legal/infringement.asp

to my understanding, if a pattern has been published in a magazine or is available online for personal use, then making a quilt using that pattern for personal use or giving it as a gift is NOT copyright infringement. i do not know how changing a particular block pattern used within the pattern for a whole quilt would affect that. my best guess would be that unless you originally author a new, never before seen or used block pattern, then you are merely making a substitution. if you are planning on doing something of this nature and intend to PROFIT monetarily from the venture, then my best suggestion would be to contact an attorney and seek legal counsel about the subject.

most copyright infringement occurs when people try to SELL reproductions of copyrighted work without the permission of the author or try to sell the patterns and claiming it as their own original design. again, only an attorney can advise you as to whether you are infringing copyrights or not.

you definitely cannot sell quilt patterns in magazines. magazines get permission from authors to print the patterns. in fact it is a violation of copyright laws to even photocopy a quilt pattern found in a magazine whether you receive payment for that photocopy or not. most magazines (i know that cross-stitch magazines do this) will tell that you may make a "working copy" of a pattern for your own personal use. but do not try to sell that copy!

i hope this helps some trina.

This subject always pushes my buttons! Coming from the quilting tradition BEFORE "artistes" got hold of the medium, I am offended that they are in it for personal gain. I understand that this is their livilihood, and I agree that people have a right to protect their creativity. I also feel that to take an idea that was in the public domain and claim ownership by putting so many restrictions on it is an affront to the women who shared patterns and fabric and friendship out of necessity. To me it is insulting to their memory. Where does it stop? Is everyone going to have to stop clogging because Michael Flatley clogs in Lord of the Dance?

As I understand it, if a purchased pattern is an original idea and is copyrighted, it it intended for the use of the purchaser only, including as gifts, but not for resale. If your intended use is to make ten crib quilts from the same pattern and give them to ten pregnant women, that is perfectly acceptable. But you cannot make ten crib quilts and sell them at the local craft fair.

If you are making the quilt with the idea that it will be auctioned to support a recognized 501.3c charity, most designers seem to be okay with that, but it might be a good idea to check with them first. I am not sure about making ten crib quilts to donate to your church's bazaar for re-sale to benefit the church. Would be a good idea to check with the designer first.

Most designers also want the courtesy of credit on the label, particularly if the quilt will be entered in a show or competition.

Patterns in a magazine and on-line are pretty much the same. They are intended for the the use of the quilter, unless they are traditional designs in the public domain. In those cases, they cannot stop you from selling the quilts. The only thing they can stop you from doing is distributing their written directions. Which is why on-line forums get touchy about offers to mail patterns from magazines between members.

Even though the owners of the forums are not promoting the practice, by law, they need to discourage the practice and avoid the appearance of impropriety. They are caught between a rock and a hard place.

This is my own opinion, and probably falls into some gray area that I have never seen addressed. Very few of us create in a vacuum. We all take inspiration from somewhere. Sometimes from nature, sometimes from things in the public domain, sometimes from copyrighted material. And isn't that the point of art afterall. To inspire the viewer.

I think when you are inspired by something and use the idea as a stepping off point to create something new and different; at some point it ceases to belong to them. This happens all the time with inventions or manufactured goods. It is how advancements are made. The problem is, to my knowledge anyway, there is no hard and fast rule where that transition happens.

Hope this helps.

I think this copyright issue is sometimes taken too far - I have no problem with someone putting a copyright on an original design and they should be given credit for their inspiration. But once they've sold the pattern, the buyer should be allowed to use it for gifts and be able to sell the finished article as long as she doesn't claim the idea as her own and gives credit to the designer. Putting too many limitations on a design gets ones back up and you loose business.

Trina - the bag you made for Midge I would not call your design because you changed the center of the designer's pattern - she probably has the copyright on the construction of the bag itself.

Mary