Copyright infringement of a quilt - what to do??

[Jamai F.]

Okay, quilt friends, help me think this through.....

Over the years, I have designed most of my own quilts. Rarely have I used a pattern, though many of my original designs are just traditional blocks that I've laid out (so not original enough that I would say I own the copyright on them, necessarily). Some, though, are original enough that -- even though comprised of traditional blocks -- the design is such that if you see that quilt, you know it's *that quilt.* So if you saw a side-by-side of my quilt and one someone else made, you would know they were the same exact design.

Well, that happened. One of my quilts is very often repinned on Pinterest, so today I thought I'd see if others have made that same quilt. One had, and it is all over the internet, YET she had not credited me as the designer, and in fact had claimed SHE designed the quilt. !!!

I have contacted her and the other websites that have shared photos of her quilt, and they are all adding in credit to me as the designer and a link to my original blog post about the quilt. BUT -- it has me wondering. What should I do in the future??

When you design your own quilts, do you immediately register the copyright with the copyright office? (to pursue any kind of legal action for damages, I would have to first register the design, and preferably before infringement had taken place). Do you not post photos? Do you go straight to making the pattern and publishing it, so that there *are* damages you can sight *IF* copyright infringement occurs? (I simply made the quilt, have never tried to earn money from it, etc, so there would be no damages as it is not taking income from me, etc.).

What is the best way to protect oneself against this sort of thing in the future?? I've always always always been careful to get permission if using inspiration from an original design (not my own), to credit the pattern/tutorial if following a published pattern or tutorial, etc. Always. It took me completely by surprise to find someone had copied my quilt then claimed to be the designer of it.

there are quilts in my head that I absolutely would not want to be copyright infringed, or would not want myself unprotected should it happen. And I'm curious about going back and seeking to register ones I've designed thus far.

Advice? tips? What do others do? Alex & Ricky??? any suggestions????

I'm flattered someone copied my quilt.....and dumbfounded and disappointed that she did so blatantly and even so far as to say she had designed it herself, not even bothering to say she saw the design "somewhere" (she has now fixed that, but still....)

[Jamai F.]

This is a very thorny issue. Unfortunately because of the web we can be exposed to so many different ideas and quilts, that we simply forget where we saw the original. I might come up with what I think is an original design/ layout of a traditional block, but it actually echos a quilt I have seen a number of years ago and subsequently forgotton that I had seen it. One of the main things I have taken away from my reading about copyright is that I should not take someone else's design and try to make money from it, especially if the originator is trying to earn her own living by her designs. Paula Nadelstein was involved in a fairly famous/infamous copyright design appropriation, which I am sure would come up on a google search. There are also other articles available about copyright & the quilter.

This is not unusual. The Quilters Guild of Great Britain owns a quilt known as 'Mrs Billings's Quilt (or something like that) It was in the exhibition that was held at the V&A Museum in 2010 and I think, the exhibition also travelled to Australia. Someone who viewed the quilt, & bought the catalogue has made a reproduction and is now selling the design, but, as far as I know, no royalties have even ended up back with the Quilter's Guild - I am not even sure if she asked for permission to sell the pattern, but I do not know all the details.

For self protection, the first idea that comes to mind is to put a 'watermark' on any photos that you post - Bonnie Hunter does this with all the photos that she posts on her blog at quiltville.com you could add a date at the same time if you wish. I don't think that there is a 'register' as such for design copyright (and if there is, it probably costs a lot to do, and then a lot to chase after infringements when you do find them. However what you would need is datable documentary evidence of when you designed your quilts.

I'm glad that you have had a reasonably successful outcome - acknowledgement of your design, I have read of much worse outcomes, usually when making money has been involved.

[Jamai F.]

Heather, if you plan to become a professional quilter/designer, you might want to seek legal advice or research it on the internet. One costs money. the other time. Until you get answers, think twice about projects you post on your blog that you want to protect.

[Jamai F.]

thanks, both of you.

I did spend hours upon hours reading all I could find on copyright, and how it might apply to quilt design and quilts. It *would* be possible to register a quilt design, if it were original enough. So, for example, I couldn't make a simple log cabin quilt and register that design, as it's traditional/public domain. But, perhaps I could register my Oceans of Love quilt, which is a Storm at Sea blocks, but VERY untraditional/very original coloring, I think giving it enough originality that it could be registered.

I'm fuzzy on whether just the design itself (if, for ex, I made it into a pattern) or also the quilt itself (as a 3D art piece) are register-able, but I *think* both, although registered separately. I think. And then that gives me (actually, just having made it in a fixed manner, either on paper or in cloth) gives me sole right to produce copies of the item. So, in case of a published pattern (if I made a pattern, then offered it for sale), people could of course buy the pattern and make the quilt, but could not make a copy of the pattern to distribute to others.

But if I registered the quilt, as an UNPUBLISHED, 3D piece of art -- then no one would, theoretically, be able to copy the quilt itself. I think, if I'm reading all of that right. So much depends on whether I (or anyone) intend to publish the pattern, or if it is simply a piece of artwork I've made that I do not wish to publish. (and I believe blogging about it falls in "public display" which does NOT equal publishing).

All that to say, I think honestly the quilt that got copied would have been protected, but as there are no damages to seek, and no money was earned (that I know of) by her or taken from me, it's all resolved just fine at this point. It's the future quilts in my head that I would want protected, from exactly the issue you described, Rosemary, of the quilt owned by the guild, then someone saw the photo, copied it, and now selling the pattern.....massive infringement, that. I'd not want that to happen.

I do think I'll be rethinking what I share about some particular quilts. Not all, for sure, but some. Which makes me sad. Still pondering this......

[Geneva C.]

Heather this is a thorny topic. Rosemary brings up some important thoughts and ideas.

My take away is this. I designed a Pentagon pattern and had it copyrighted by the US government. It is a little bit of work and a little bit of money, but it made me feel better. Also, one time I was looking at quilts on pinterest and found my quilt "June Cleaver on Acid." This wasn't my original design, it was a TQS BOM 2009 pattern by Sue Garman, but with my own coloring. I could tell by the picture that someone had taken a picture of June at the Road to California show as it had the red ribbon hanging on the quilt. This person added the title and my name. But I've seen June out on the internet without my name. And, every time I enter a quilt in a show I always, always credit the pattern maker if there is one. For example I received permission from Sue to enter June in shows and credited her on the description. Another quilt I made I drafted blocks using Jinny Beyer's book "A Quilter's Album of Patchwork Patterns". The patterns weren't designed by Jinny, but were in her book. I drafted them in the sizes I needed. I also received permission from Jinny to enter the quilt in shows, even though the patterns were in the public domain, but I found them in her book. I say, it's easier to ask permission than forgiveness in this situation.

Good luck! And I hope that lady learned a lesson.

geneva

[E.M. T.]

My thoughts on this prob'ly won't meet with much approval..but are a different point of view. IMHO :
When we choose to share a quilt in public arena of any kind we are essentially GIVING our quilt to the world at
large. And if someone is clever enough and talented enough, they can make something like mine...though
certainly not an exact copy. And who am I to tell them that they cannot ?? I put it before them. I think we make
far to much of all of this notion. The answer is to not share...and that's not so much fun. IMHO

[Dawn S.]

And, I tend to agree with Marilyn! Once something goes onto the Internet, it is out there for all to see! And, Pinterest is the absolute worst for not crediting the original artist. Our TQS friend, Shirley, did an incredible watercolor heart quilt. It passes through my home board from time to time, and sadly, there is no mention of Shirley! There are always other captions. This quilt has been repinned probably around 1000 times. But, the reality is, others have done a watercolor heart quilt, long before Shirley ever did. My high school aged daughter did one in 1997 for her best friend. Shirley's is different, because it focuses on the pastels, and groups the colors. Did she see a watercolor heart years ago, and decide to try one? Could someone say, "I had the original idea and should be credited?" All gray areas.

And, to be honest, there is no crime here. The crime comes when someone OBVIOUSLY takes someone else's original design and makes a profit from it. That's when you can take legal action. But, is it worth it? Can you afford the lawyer? Unless you are a big time quilter like Puala Nadlestern, or Ginny Beyer, it's just more or less "tough luck!"

I spoke with Paula about her law suit. All of us quilters know that she designs kaleidoscopes and prints fabrics of them. Well, the brand new Hilton (some years ago) adjacent to the Gearge Brown Convention center, where there is a BIG quilt show every year, made the mistake of hiring a designer who had seen some of Paula's work. They worked it up into a carpet that runs throughout the hotel. Paula had to do a LOT of groundwork and get lawyers involved, and I think she told me she had to get lots and lots of signatures to a petition that basically states they immediately thought Paula had designed it. It is the first thing hundreds of quilters though when we saw the carpet........Paula must have designed this. Long story short, she won the lawsuit, but not easily, nor quickly!

Best advice? Don't put your work out there for everyone to see, if you don't want someone to copy it. It will be done! Even if you have a copyrighted pattern for it. There are people who just don't care, and they know you cannot afford to get a lawyer to fight it! Sad but true.

Dawn

[Dawn S.]

I have to admit that if I see a quilt I like on the web, I will sketch the idea or the block and put it on my list for possible makes and I know that I am terrible for not noting where my ideas are garnered from. There have been loads of ideas that have inspired me to think, 'I would like to try that', but I also know that my 'Round Tuit' is not working very well at all, so they will probably stay on the list forever and I will probably never get around tuit. :whistle:

That said I have absolutely no intention of even attempting to make money from my quilting - have had enough trouble trying to make money from sewing clothing alterations, the idea of trying to make money from quilting would turn it into drudgery for me.

Another thought - if your quilt is exhibited and someone else takes a photograph of it, they own the copyright to the photograph, which leads to another can of worms.

[Dawn S.]

Please understand, you guys --- I completely do not mind, at all, that this person copied my quilt. I find that aspect very flattering, honestly.

What made this particular thing offensive is ---- when she then blogged about it, posted photos in numerous places, and even had other websites pick it up (or I assume she submitted it to them to feature), which then featured the quilt --- she specifically, blatantly, out & out LIED by saying she *designed* the quilt. No mention of "inspired by" or "saw something similar" (identical), or anything, even if she didn't remember where she'd seen it. Although, it is *so identical* in the placement of the background colors, that she had to have the photo there to copy.

If you look on my profile, the quilt she copied is my Legend of Zelda's Cat quilt (the front of it), and she copied it down to the exact coloring of the green background (the exact placement of the 3 colors in the hourglass blocks, having the 2 middle greens and then the 3rd darker green making a diamond behind the yellow triangles and sword). (matching shades and all). If you feel like looking at hers to see what I mean, you can google search "Legend of Zelda Quilt" and see, though I won't link hers here.

Now, she added elements in the quilting of the quilt that are an upgrade, and she did add one small applique to the top corner that I didn't include. But my son designed this quilt, when he was 12, requesting very specifically every element of it (the background, the yellow triangles, the sword, the colored diamonds down the side borders). So the part which bothered me isn't so much that she copied it -- I shared it and included search terms fully expecting people would, honestly --- it is that she claimed to have come up with the design on her own, possibly profiting from it (I don't know for sure). She did not.

I absolutely understand that what I share may be copied. I get that. Most things in the quilt world, one can't claim 100% originality. Traditional blocks, traditional patterns, etc. And even that quilt, it uses video game aspects which I copied (protected under Fair Use, since I was making it for myself/personal use, not for sale, not for show, etc.) although of course the arrangement of all the elements was my design (or rather, my son's).

But, for ex, I would love to make a reverse of the Gravity quilt. If I do, I will buy the pattern, not try and reverse-engineer it on my own (even though I very likely could, using EQ7), because it is a published pattern, and would be wrong to steal from the designer by not buying the pattern. And then, when I do my version, reversing the color/black & white aspect, I won't claim to have designed the quilt (even though it's a change to the design) -- I will say that I used the Gravity pattern and switched the colors.

Or if any of you wanted to make a quilt like the Infintiy quilt I'm making my son --- which I would be fine with -- I would expect you wouldn't say you designed it. You might say you saw the design and wanted to try it; you might say you were inspired by...; you might say where you got it, or you might not remember by the time you get around tuit, but you would likely at least remember that you saw it somewhere, and wouldn't claim to have designed it yourself (I wouldn't think).

I'm not out to make money, or fight a million legal battles (as I said, I have contacted the websites in question, they've all added links to my post showing my original version of the quilt, and that is fine with me, I'm happy) BUT there are one or two quilts that I have in my head that I do plan to enter in shows, when I ever make them, and thus they might get seen and maybe copied. But if someone then tries to make a pattern from them, or sell copies, or anything like that, then it would be (if I'm reading things correctly) something I could claim damages of. it's different when one makes the actual pattern available -- then, it is the illegal copy of the pattern (ie, posting the pdf free on the web, when it is meant to be for sale by that designer) which is the infringement. But as I understand it, reading over the copyright law yesterday, copying a 3D artwork or unpublished pattern is equal to copyright infringement, if one wants to pursue that.

I don't mean to sound like I'm angry it was copied, or like I'll be angry if any of you ever wants to make a quilt I've posted here (or elsewhere). I'm not, and wouldn't be. I'd be flattered, and I was when I saw her quilt......up until I got to the part where she claims SHE made the design choices on what to put where, she claims she included x, y and z to make the quilt extra special (very much what I wrote when explaining what my son wanted), she claims that the idea for the quilt, a quilt very very very close to identical to mine, came from her head and not from something she saw on the internet somewhere. Even if she'd forgotten, even if she wasn't sure, if she'd at least acknowledged "I saw this amazing quilt and knew it was perfect to make for my friend's baby because they are huge fans of this game....." that would have been different.

anyway, sorry to have stirred up a fuss. I was just really taken aback that someone would not only copy, but also claim as their own, the work of someone else. And it does make me hesitate on what to share in the future.....some quilts can be arrived at similar design by accident, as has been mentioned. I made my grandparents a filmstrip quilt -- I'm not the first, I won't be the last, and I wouldn't be annoyed if someone else made one. It's a common theme, after all. Or my other son's Mario quilt, the idea of pixelated scenes from games is common and popular, and many similar versions are out there, but not identical copies, and nothing enough to make you look and think "those 2 used the same pattern".

I feel I'm rambling and sounding like a spoiled little two year old, mad someone stole my cookies or something. I hope you all understand, it's absolutely NOT the fact she made a quilt that is (almost) identical to mine -- it's the fact she then said she designed it. Not that she failed to attribute me directly, even; I'd have been happy to even see "I can't remember where, but I saw this quilt..." No. She flat out, blatantly, wrote (in two different places, and then 2 other websites also wrote up the quilt as though designed by her) "so, my friend is a fan of this game, and I wanted to make a quilt for her, so I designed this quilt...I included this because.....and this because....and used this for the border to really make it special...and so forth and so on..." --- as though the ideas came completely, totally, 100% from her head.

I don't know. I"m sorry to rant about this. I hope you guys know I"m not a big ole selfish quilt meanie who will fuss and rant every time. It just caught me off guard.

[Geneva C.]

I agree with all of you. I understand once I put a quilt "out there" like on TQS or a show or give it to someone, it is free game. And I do enjoy looking at quilts, figuring them out and making them with my own additions.

But in the case of Paula Nadelstern's situation, yeah, that was wrong and I'm glad she won.

I was honored that someone, I do not know who, put my quilt on pinterest.

So, let's keep quilting and sharing!

geneva

[E.M. T.]

No fuss here...this topic shows up every now and then. I firmly believe there is nothing new under this old sun...we
just haven't seen it all yet !! :side:

[Dawn S.]

Okay, now I get where you are coming from, and you are angry. I think this is called righteous anger! And justifiedly so! This will not lessen the pain but I will share another quilter's happenings.

I bought a pattern from Joy's Fabrics, at her booth in Houston, at the IQA show. Here is a picture of her booth at Road to California.



I bought the pattern for the Bargello quilts on the left wall. The designer is Susie Weaver, and she copierighted it in 2013. Then one day, that same quilt came across my main Pinterest board. It was an Etsy item, and the woman claimed to have been inspired by the bubble fabric that had been in her stash for years. And, she claimed the math to design this quilt was very tricky. Her name is Sally Manke. You can Googl/search Sally Manke, Art Quilt Flaming Bargello Wall Hanging, and the Pinterest pin will come up. If you click on the pin, and continue to scroll down the Etsy page, you will see this artist's statement. I notified Susie Weaver, and I tried to locate every pin out there to let others know that this Etsy artist had indeed copied a copyrighted pattern, and called it her own.

There are some unscrupulous people out there, and I am so sorry that one found your quilt! As I said, you have a right to be angry, and reach out to others. You can "ramble" to us any time! We are good listeners.

Dawn

[Dawn S.]

Dawn, thank you. Yes, that exactly, although I didn't copyright my design, etc. (and since it features elements from a video game, I don't think I actually could anyway --- it is one thing for me to make one version, for my son, for personal use, not for sale, etc., under fair use rules; something different to make it for sell, or otherwise profit). But yes, that is exactly what I was feeling, and honestly the only part I take issue with --- falsely claiming credit.

Thank you so much for understanding, and being such a great listener (all of you!).

[Dawn S.]

Ranting about this subject on this forum is perfectly fine we understand and get your annoyance and frustration. Especially as it is not your design that has been 'appropriated' but your son's - just don't upset a momma bear :angry:

It can also be a good reminder for all of us to be considerate in our postings and our collecting of inspiration for quilts.

[Frances L.]

Heather,
I totally understand what you are saying. All she had to do was give you credit for the idea even though she added a few things to the quilt. I always credit someone if I take their workshop and make something based on it but different from the workshop.