QUILTING
BUSINESS, at http://www.quiltingbusiness.com/
Resources
for Professional Quilters and Quilt Shop Owners.
Here
is an excerpt from their copyright page found at
www.quiltingbusiness/quilting-and-copyrights.
Question: Can you sell a quilt made from a copyrighted pattern?
And if so, what are the restrictions and rules that would apply?
The
case here seems to be a little more cut and dried. The quick
answer is “No, you may not sell quilts made from a copyrighted
pattern.”
The
reason is that in the case of a qult pattern, the pattern itself
is unavoidably copied and reproduced in the finished product
– when you look at the finished quilt, you see a copy
of the pattern you created the quilt from. In addition, most
quilt pattern copyright holders will put in restrictions on
use, so as “for personal use only” or other limiters.
This is perfectly legal, and means you cannot sell the finished
quilt.
But,
there may be a way to sell a quilt from a copyrighted pattern.
Basically, you need to ask the owner of the copyright if you
can sell the quilt. You may have to come up with some kind of
profit-sharing plan, but it never hurts to ask.
My
take on this issue: It’s better not to try to sell a quilt
made from a copyrighted pattern unless you have permission from
the copyright holder. Instead, use public domain patterns or
come up with your own patterns. I know this makes things more
difficult, but in the end, a lot safer.
FOREVER
IN STITCHES, at http://www.fisllc.com/id65.html
Copyrights, Licenses, and Quilting.
The
Result of Copyrights
* When you buy a pattern from a shop, then you have the right
to use the copyright. * When you buy a pattern from a shop,
then you have NOT purchased THE copyright. * You alone have
the right to make quilts from it. * Your friends do not have
the right to make quilts from it. * Your club or guild does
not have the right to make quilts from it * Your class does
not have the right to make quilts from it. * You may have the
right to sell the pattern, but those who buy that pattern from
you do not have the right to make quilts from it, even if you
give it to them. * You do not have the right to swap your patterns
or trade them in any way * You can not photograph a quilt and
make a copy of that quilt * You can not download illustrations,
patterns, or pictures of a quilt and make copies of those quilts,
unless specifically authorized in writing [which can be on the
web] by the copyright owner * When you receive a quilt pattern
free of charge, it does not give you the right to distribute
it to others * It is the copyright owner’s choice as to
how it is distributed, not yours * Free patterns have their
economic payment in that you have been rewarded for visited
their web-site, store, meeting, class, or any number of things
* You must read the copyright wording * Some copyrights:o Limit
how many quilts can be made from it * Require labels to be put
on the quilt * Require that the quilt is only for your use and
can not be sold.
WORLD
WIDE QUILTING PAGE, at www.quilt.com.
The World's Oldest and Largest Quilting Site provides this information:
These
are the answers to a Quilting Quiz. The quiz itself is posted
on the site at http://www.quilt.com/FAQS/CopyrightFAQ.html
Copyright
Quiz Answers
"Copyright
does not protect ideas, concepts and schemes. Rather, it protects
the manner in which the idea or information is expressed".
Copyright does not protect techniques. thus, while you may verbally
share with your friends what you did in a workshop(a), to photocopy
the notes for them(b) is infringement of copyright. your friends
would be well advised to take the class anyway(c), recognising
that your explanation of the ideas will not be as complete as
the oiginal workshop, and of course this would entitle them
to any notes, patterns, etc.
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Craft work which is on temporary display may not be photographed
without permission from the copyright owner. Taking photos of
quilts without permission is an infringement of copyright(a).
The fact that there is no sign does not necessarily mean you
have permission(b), although it may do so if the exhibition
organisers have asked exhibitors to allow photography as part
of the conditions of entering the show, as many guilds do. Always
check with the organisers what the situation is, or ask specific
permission of the quiltmaker. you mau have to explain why you
want the photographs - some may allow photography for personal
use, but not commercial use (such as a publication in a magazine
- though see question 8. below for an exception to this). Because
the quilts are on temporary exhibition (not permanent) they
are copyright, and thus (c) is incorrect.
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Publication of a pattern usually implies that the reader is
allowed to user the pattern for their own personal use (a),
and many quilting books and magazines will contain a statement
to this effect. Copying the pattern yourself rather than photocopying
it is still copying(c), but is allowable for personal use, as
for (a). Photocopying a whole book (b) is an infringement of
copyright.
I'd like to add that our university libraries post signs over
the copies stating the copyright laws permit copying of up to
one chapter or 10% of a book for personal or research needs.
It probably holds true elsewhere.
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Photocopying and submitting a design from another publication
(a) is an infringement of copyright. It would be permissible
to redraw the pattern yourself (b), but only if it is a design
already in the public domain, such as the Ohio Star, or one
of the many traditional block designs. however, if the pattern
is original to a particular person,eg a Nancy Pearson applique
pattern, then permission from the designer is necessary for
it to be published.
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Technically, (d) is the correct option, because you are not
using the pattern personally. However, it is a rather grey area,
because most people are not unhappy about this kind of small
scale copying (but not if you made 1,000 for a large department
store!), and generally infringements are not pursued. Slight
changes (c) would not necessarily mean you have not infringed
copyright, because you have copied something substantially.
"Substantail" copying infringes copyright.
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Copying a quilt would be an infringement (a), but because ideas
are not copyight, it is acceptable to se another quilt for ideas
(b). It is not correct that just an acknowledgement of another
person's work makes it permissible to copy (c) - copying without
permission is wrong. In fact there is no legal right requiring
you to acknowledge a source, however, it is generally accepted
that there is a moral right to acknowledge, and in some other
countries that moral right is a legal obligation.
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Definitely not (a)! To comply with copyright law, you should
ask permission of the copyright owners, the quiltmakers (c).
The orgnisers may give you information, but do not control the
copyright (b) and cannot give permission.
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As part of "fair dealing" in copyright, the use of
a work in reviews or for criticism is permissible. It is OK
for you to go ahead and photograph the quilts for the purpose
of a review (a). However, it would be a courtesy to tell the
quilt show organisers (b), and the quiltmaker may have better
photographs than you can take (c), but it is not strictly necessary
to do these things.
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Definitely not (a)! Basing your work on the ideas of others
is permissible (b), but you must do all your own notes, samples,etc.
We all learn from each other, so (c) is not realistic.
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"Copyright protection is automatic." "There is
no requirement of registration, or any other formal procedure".
You do not need to apply for copyright protection (a), so (b)
is correct - protection is automatic. However, marking the copyright
sign, your name and the date is a reminder to people that copyright
exists (c) and therefore is a good idea, although not legally
required in Australia.
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"Australia is a signatory to two international copyright
conventions... Most countries ... are members of both Conventions.
You are right to object (a), as your copyright has been infringed.
Option (c) is incorrect, because even though it is in another
country, you are protected by the copyright laws of that country,
as per the international conventions.
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"There is no copyright in a title"
Option (b) is your only choice.
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"Copyright generally lasts for 50 years after the end of
the year the author died". Outside this time, the work
is often said to be "in the public domain".
Copyright is something owned, and therefore can be assigned
to someone else, or inherited. Thus (c) is correct, but (a)
is not, and (b) is not correct because copyright expires after
50 years from the death of the original author or creator.
Diane
adds: It
only takes a second to send me an email asking for permission.
I have granted 99% of all requests to post quilt photos online,
as long as "Diane's Native American Star Quilts" is
credited for the pattern or the book that you used to make your
beautiful piece of artwork.
diane@nativeamericanstarquilts.net
