Everything On This Site Is
Copyrighted
. . . by Forever In Stitches or the respective
copyright owners. This includes all:
· Text,
· Designs,
· Products,
· Pictures,
· Quilts,
· Patterns,
· Designs,
· Everything!
Therefore, do not copy, print, download, etc.
with the end result being creating a copy of one of the items shown, in whole or in part.
For example, copying, printing, or just viewing
patterns to determine how the item is made for you, or someone esle to reproduce it, in whole or in part, is
an infringement of a copyright. Someone went to a lot of work, required talent, and possibly expense, to make
an item, and therefore they own the item in all respects and have the right to earn money for their effort and, at least,
be paid the courtesy of asking for its use.
Introduction To Copyrights
In General
I am not a lawyer. However, the information
presented here was obtained through discussions with paid lawyers and through www.copyright.gov I compiled this page after noting the increasing number of very detailed copyright
notices appearing in quilting publications and encountering successful legal action taken in regarding quilt copyright violations.
Background
A copyright is used to protect a form of “Intellectual
Property”. In other words, it is a way of protecting the effort, creativity and cost that has been invested in designing
and/or building something: something physical and not an idea.
By its very nature anything made or written
has an inherent copyright. However, some people want to protect their creations as it is their living. They do that by placing “copyright” or the symbol [© or ( C )] on their product. Sometimes they
simply put their name and date on the item. They can also file a copyright with the government, which correctly implies that
copyright laws vary from country to country.
You may believe that some quilters do not
care to protect their creativity as they look upon it as a hobby, gift, or something to share. Beware that they may not agree
with your opinion or they may change their mind when they discover how special their creations are. Do not the one they take
legal action against to protect their creations.
Which Type Of Copyright Is
Better?
If something has a copyright, a symbol, the
date, or nothing on the item, they all are treated the same. In the event of a conflict the resolution depends upon the date
of its proven creation. This can be done by any number of ways: copyright date, government copyright filing date, awards,
newspaper articles, pictures, and the like.
Why Copyright Quilt Patterns
Contrary to my first impression, not all quilters
can match fabric, envision combinations, calculate requirements, create pleasing geometric patterns, sew beautifully, make
quilts etc. Even fewer have the ability to do all of these.
Often quilters look at an $8.00 pattern as
if it took only a few minutes to prepare. I can guarantee you that even the ones scribbled by pencil on paper took much, much
longer.
If you want beautiful quilts then support
those who have the creativity to give us what we want. support those who design them.
I realize this goes against the desire to
get something as cheaply as possible. You must realize, however, that misusing copyrighted material does not border on theft,
it IS theft and you are being tempted to become the thief.
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.
o Require labels to be put on the
quilt.
o Require that the quilt is only
for your use and can not be sold.
Implication of Copyrighting
Photography is prohibited at many quilt shows
and in our shop. The reason being is that many photograph the items to make copies of the items themselves. Even if the intention
is otherwise often later the person who took the photo, or a friend, uses the photo to make a copy of the item.
Licensing
Often copyright wording is more specific.
This wording is referred to as a “license”. A license further restricts you use of the material. The vary fact
that you have opened the packaging assumes that you have agreed to the terms of the license agreement, whether you have read
it or understood it.
A copyright holder can issue different types
of licenses.
For example, Disney may license their designs/logos
for home embroidery sewing machines and clearly state that items made with that design can not be sold. The reason is simple,
they have sold the same design to others for inclusion on particular items for resale.
Some quilt books are very particular about
the number of items that can be made with a design, whether or not they can be sold or donated, and what the label on the
quilt must say.
Want To Know More
If you desire more detailed information, contact
a qualified copyright, intelectual property, or similar attorney.