Copyright law in McCall's

From time to time the sticky issue of copyright violation comes up and we inevitably have a lively discussion. Obviously, the entire quilting world is struggling with the issue. Now McCall's 'Quilting' -- the September/October issue -- has devoted an entire article to copyright for quilters.

The article is written by Janet Jo Smith, an attorney, writer and quilter who specializes in hand-dyed fabric. It's a good article, thorough without being dense, and has all the information most of us will ever need. Check it out. Unfortunately, it's not online anywhere, but in my opinion it's worth the price of the magazine.

Sunny

Reply to
Sunny
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I have no doubt it's a good article. However IME, ask 20 lawyers a question about copyright (or any intellectual property question) and you'll get at *least* 20 answers - sometimes more!

Reply to
Dr. Zachary Smith

Yes you will. Because even most lawyers don't understand copyright/intellectual property. It is a highly specialized field. I'd only ask an IP lawyer, because inevitably if you ask me, I'll think I know the answer but I really won't.

Maureen

Reply to
Maureen Wozniak

It also varies somewhat from country to country. over here in the UK we don't have to register our copyright, it simply exists as soon as you have written/drawn/composed.... something, whether published or not. Proving and defending it is a different matter, but it lasts your lifetime + a certain number of years (50 or 75, can't remember off the top of my head)

Of course if you are an engineer or inventor or scientist, what you do is not covered by copyright. You have to apply for a patent and you can only get 20 or 25 years maximum protection (again I am not absolutely certain, but I know it isn't lifetime+ ), and then only if you can afford to defend it in court.

Lizzy

Reply to
Lizzy Taylor

Actually, I was thinking of 20 IP lawyers... IANAL, but I was involved in IP in my former business almost daily. As (still) a part-time writer, I still have to be concerned with copyrights; moreso if I ever decide to publish my quilt designs.

Doc

Reply to
Dr. Zachary Smith

That's pretty much the same here - Berne Convention.

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The crux of any IP is the ability to defend it in court. If you can't afford to, or the cost to defend it is more than the damages involved, it often isn't worth it as a practical matter unless one enjoys tilting at windmills...

Doc

Reply to
Dr. Zachary Smith

This reminds me of a discussion a while back....my memory is terrible, but maybe someone else can help, as I was curious how it turned out. It was a designer whose notecard designs had obviously been copied into a fabric line, and she had a blog talking about it. I guess it stands out to me because but this was someone who seemed like a "regular person" whose talent and creativity had obviously just been...well... stolen. The design was teacups. Does anyone know how that turned out?

Sherry

Reply to
Sherry

I did some Googling and found the designer has filed suit against the fabric company, but it hasn't been resolved yet.

Reply to
Louise in Iowa

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