Copyright and desing

[Lynn K.]

When we use a fabric, picture, idea etc. we need to know that the copyright do not mather. If I use a fabric..a pattern..an idea and make it mine its my design!! And thats what its all about you know...you may have the copyright to a pattern or a fabric but my design is my design :wink:

[Lynn K.]

Brink

Hi. Sounds great to me! You can take copy right patterns and make it your own just by adding your own special touch.
Lets talk pattern take a simple square break it down sevaral times and get several copy rights on it yes this has been done and this is why we have different patterns. So I take the pattern make afew adjustments now this pattern is min Did I steal, nope I borrowed it just like the rest of everyone and made the new improved pattern. "Love the led pencil & eracer"! It's the same with art. Copy rights and patents are only protected to whats written down or drawed out legally on doc. Take copy right of the simple nine patch,we have straight lines,curvy lines ect.....each one would carry different copy rights. These copy right documents are usually only carried out for twenty years,so the copy rights and patents have to be refiled over a period of time. This is my understanding,I could be wrong on the copy right but on a patent its correct,20 years. Another little example take the sweet little teddy bears the same person isn't creating these sweet little bears,someone is always trying to come up with better bears.
Along with quilt patterns,always looking for the new improved pattern ideas!(( So make it your own)) "Everyone " that has created something has borrowed to make it thier very own.
I learnt how to draw out my own patterns even with my very own sketches they have borrowed ideas by accident. This is with anyone, If you have a drawing starting out with a simple block,its borrowed because you were not The first person to draw out a block to quilt! LOL! ((So yes, Make it your very own))
We all borrow on copy rights to make our very own and thats why we have milions of different patterns developed through over the years.
Anyone got a cup of sugar I can borrow,I'm onto a new recipe!!!
Kathy

[Lynn K.]

Be careful ladies!! :wink: Yes, you can make changes and make a design your own, but if you don't make enough changes the copywrite cops will be after you. Here's an example from the music world. I knew a guy once who did a lot of what he called "music arranging" - his version was to take a peice of music, copy it into a music program like Finale, tweak a couple of notes, change a few beats, maybe switch a part or two and then call the arrangement his own. Well, it is coming back to haunt him now because there is some part of copywrite law that says at least 15% of a peice must be significantly changed before he can call the arrangement his own and sell it. Yikes for him!!! So my advice to you is to make the changes big big so there is no question.

[Lynn K.]

"This could be a very sticky subject" especially if people think of other people stealing thier copy rights, like I said; I borrow just like anyone else does and when I make it my own ((I know it is my own))! 15%-50% change, no worries no problems
Kathy

[Lynn K.]

As I understand copyright, there is no problem with making up other peoples designs, PROVIDED that a) you do not try to pass it off as your own and b) you do not sell on the design or item made.
There are people who are TRYING TO MAKE A LIVING by adding their own distinctive twist to a trad. design and then selling their varient. How would you like it if you were in their position, You make an original variation for selling at fairs but then find some one else is copying your work, selling it under their own name for less than you and therefore taking your sales!... and reputation for design.

[Hannelore N.]

Let me throw another spanner in the works, so to speak.

If I would make a Rhapsody Quilt following a RT pattern and then take a photograph of it, the situation is like this: The copyright for the pattern will always be with Ricky, even though I used fabrics I prefer and possibly made a couple of minor changes somewhere. But the copyright for the photo is with me, because I took the picture.

And another example. I write the instructions for a traditional 9-Patch quilt. We all agree that the 9-Patch is a pattern that's in the public domain, so no problems with copyright. I wrote the instructions, so the copyright for the actual instructions is with me.

If I were 30 years younger I would consider becoming a lawyer specializing in copyright law. I bet I would be able to earn a lot more money than I do now, supporting special needs children in a school.

Lorchen

[Betty J.]

Copyright issues just drive me nuts. I think people should have their rights protected, but I do think that there is just a tad too much overuse of copyright also. It got so bad that at one time I felt I could never make anything that would be for competition or for sale because I MIGHT have inadvertently used some part of someone else's ideas. I didn't want to look at other people's designs, because I knew I could copy it without even knowing I had done so. Then I kind of relaxed about it. I used to be afraid to even use commercial embroidery on a quilt that might be sold until OESD clearly spelled out that you could use their stock designs on such items--so that's the only commercial embroidery I would ever use. Now mostly, though, I use my own embroidery designs and make all my designs from scratch--still, you never know--I might have seen it down the street. You can, however, use someone else's techniques. Those are not copyrightable, I believe.

[Paula D.]

Here's the thing - if you venture out to make some serious money with a design or whatever, just do some homework. Like, you don't want to be selling Disney quilts. There is way too much paranoia out there. Ever hire a lawyer? It all involves BIG BUCKS. Some day, you'll be at a quilt show, and lo and behold! It's YOUR design!!! So what are ya gonna do? Let's say you DO take legal action - if it's some lady trying to eke out a living selling her wares at a quilt show, and you take her to court, and you win, and she has no money to pay the judgement, well then OFF TO JAIL SHE GOES!!! (Ya think??) Oh, and you're out how much? Many mucho thousands. Second scenario - you see a work of art you love, and you'd like to reproduce it as a quilt. Well, be a mensch, contact the artist, and ASK PERMISSION. Third scenario - and I am told this actually happened (Jane Sassaman, I think?) You are a famous, successful artist who has published patterns, fabric, etc. You walk into a convention center or casino, some huge venue, and there it is - your fabric made into miles of carpet. Yeah, call Perry Mason. She did!!

[Paula D.]

The carpet story is true, but I think it was Paula Nedelstern. Betty Ann

[Paula D.]

I'm agreeing w/ these last few posts, but also want to correct something above, you do NOT have to register a copyright to own that copyright.
Florence

[Paula D.]

That "carpet story" is here: http://www.amisimms.net/noname29.html

JoAnne

[Paula D.]

I am very interested in all the talk about Rhapsody and copyrights. I have been trying to start a Rhapsody quilt but am having so much trouble with making a decent skeleton that I think I'm going to have to use one of the ones Ricky put in the book "Baskets & Flowers". I would always acknowledge that it came from a RT book anyways. I'm sure I'll do my own drawings for the applique or at least change the arrangement.

I read all the comments and realized that I've seen ladies at a craft show selling pot holders and other items made from liscenced fabric purchased at our JoAnn's and this is probably illegal. But who would ever stop them? It was a little church basement craft sale!
I "searched" the TQS gallery and looked at all the Rhapsody quilts posted. A few were very close to the quilts in Ricky's books, but most were original designs based on the concept, techniques and formulas that he's obviously glad to share with the public.

I think we need to realize that the reason we post photos of our quilts or enter them in shows IS to share them with other quilters. Several times, I have seen something on our gallery and gone on to make my own version. I also had a member email me and ask if I minded if she used "my" border design on her own Convergence quilt. I was flattered and of course said yes.

I think what's so unique and wonderful about Ricky's patterns is that they aren't really patterns, but guidelines on how to make our own personal version of his idea. He shares the techniques and encourages us to all to make it as different or as alike as we want. He wants us to stretch and learn, but if we aren't ready for that, he's happy that we'll try HIS version. How many of us could or would attempt to duplicate exactly one of his quilts anyway? I know I wouldn't presume to be able to!

But it's something to strive for and a process to learn and enjoy! I have been finishing up other projects in order to be free to make my Rhapsody Journey a major focus this year. I look forward to the entire process!

[Paula D.]

I find your reference to 'Licensed fabric' intriguing. I have never heard of this before. Does this mean that any commercial fabric should not be used on items that are for sale? Maggi

[Annette R.]

when ever I have heard the term "licensed fabric" used it has generally been in connection with an image on the fabric that is licensed in its own right. i.e: Micky Mouse on fabric would be licensed, the logo for a professional or college football team etc. would be licensed. My understanding of this is that you can use that fabric for your own personal use or for gifts without a problem but if you were to make a hundred tote bags with Micky Mouse on them and sell them at a craft show you very likely would have the "Disney" police on your doorstep. Believe me there are Disney police out there, a person I knew was selling decoupaged pictures of Disney characters at craft shows and representatives of Disney showed up on the doorstep with a search warrant and confiscated all of the completed pieces and all of the Disney pictures that the person had purchased in a Disney store. With no compensation to the crafter (and who can afford to sue Disney?)

Other companies such as Dept. 56, Precious Moments etc. have spotters out there too looking for products that are "knockoff's or copies or inappropriate use of printed or fabric images from their companies.

Ann (who had a craft business for 18 years and saw a lot!!!!!!)

[Annette R.]

JoAnn's has tons of Licensed fabrics - Sponge Bob, Scooby Doo, all Disney princesses and characters, Pooh, and tons of cartoon characters I don't even know since my kids are older. They also carry plenty of NFL teams and NBL teams and several colleges. It was the sports teams that these ladies were making potholders of. They probably knew no one would ever discover it.