First of all, you all are so helpful. I have always had so much good feedback to questions and have always found answers and gems. One of my questions recently was regarding a very expensive pattern set that ended up costing me about $60 for 12 blocks. I don't want to rain on anyone's parade but what if some of you wanted me to send you duplicates of these patterns? Since I'm not selling them or advertising them for free and just mention it in this forum am I at risk of getting in any trouble for sharing these? Jennine
Whether you get in trouble or not depends on your luck. The way I understand it, copying those patterns would definitely be against the copyright laws. The person who designed those patterns is entitled to the money from them from each person who uses them. The only way you could legally get around this, as far as I know, is to give the original patterns to someone else, keeping no copies for yourself. The safest thing for you to do is to give the information on where to buy the patterns to anyone who wants them.
You may only duplicate copyrighted material (whether for sale or not is immaterial), with the express permission of the copyright owner. That being said, if you give away or sell the 'original' pattern, that is not a breach of copyright law. You may also copy it for your own use. For example, I used to do counted cross stitch but often the grids were small, so I would copy them at an increased size and then sometimes color them in for ease of tracking the pattern. This does not mean that you can copy the patterns for "yourself", keep those, and then give away or sell the originals. If it flies, walks and quacks like a duck then you can not claim it is a chicken.
It is correct that first you must be 'caught' passing on copyrighted materials without permission, but the penalties are severe for doing so and many artists maintain search programs for just such infractions. Paula Nadelstern successfully sued a carpet manufacturer who admitted using her kaleidoscopic designs in carpeting for a large hotel.
So if you want to give your patterns to your best pal, go ahead. If you want to sell your patterns on Etsy or Ebay, no problem. If you want to copy them for your own ease of use, no problem. Anything else, get permission first and I'd strongly suggest getting it in writing.
Of course, you could first contact the designer/artist and ask if you might share the patterns. I've known a couple of designers who said "yes" to that, but, usually, after the pattern has discontinued active sales.
CopyRIGHT- pretty much means that, the right to copy, which belongs to very few. ;-) When in doubt: don't.
Jennine, don't do it. Yes, sharing is still in violation of copyright law. Otherwise, one person would buy a book and just "share" it with everyone around. Then nobody would need to buy another copy. I know your intentions are good, but you can't even copy more than a very limited number of pages of a book (or pattern) without violating copyright. Copy centers will check what you've copied at times if it seems you're about to hand out a complete copyrighted item.
I don't know if you would get in trouble. But it's sort of like littering if nobody is looking or nipping a candy bar and nobody sees it. It's still something to avoid because in the end, sharing copyrighted material is sort of like .... well, taking somebody's possession and not paying them.
I know that I'm raining on parades and being a grump and all that. But as someone who made a living writing, I'm pretty touchy about copyright.
sounds right to me too, Sandy. tis the same regardless of the medium...quilt patterns, books, music, movies. copy it and give away is a big fat breach of copyright. whether you get in trouble is good or bad luck. i'd personally not chance it. too much trouble to deal with if you got caught. j.
"Sandy" wrote Whether you get in trouble or not depends on your luck. The way I understand it, copying those patterns would definitely be against the copyright laws. The person who designed those patterns is entitled to the money from them from each person who uses them. The only way you could legally get around this, as far as I know, is to give the original patterns to someone else, keeping no copies for yourself. The safest thing for you to do is to give the information on where to buy the patterns to anyone who wants them.
No, you're not being a grump at all. I've worked in print media my whole life, both writing and advertising design, and I am also touchy about copyright. Copying patterns is just wrong. Even though I seriously doubt, *really* seriously doubt I'd get caught, I just wouldn't do it. That said, sixty dollars is an awful lot for a 12-block pattern. Maybe I"m just cheap. I rarely ever buy patterns at all. I usually just get the block pattern on a free site, then wing it from there.
Nope. It is a violation to even give away the original pattern you bought, unless you never used it yourself. Actually, it is a violation to give away a quilt you made from a purchased pattern, unless it was the only quilt you made from the pattern. Purchasing a patterns gives you the right to personal use only. Commercial use is irrelevant as to the law. Commercial use can determine actual damages if sued, but punitive damages usually far exceed actual damages.
But, I would hate to think that the likelihood of getting in trouble would be the determining factor. Right is right and wrong is wrong. Copyright or not. I think it is pretty plain that copying someone's artwork and distributing out free to a guild is wrong, even if you're not "caught."
I agree with Sandy. Give the information and have the people buy the pattern. Or contact the artist and see if you can get a group discount. Many artists will sell their patterns to non-profit guilds at wholesale which is usually about half price.
Regards, anthony, plugging his ears in Clearwater...
Sharing books is what a library does. So if I had a book with patterns in it I should be able to lend it to a friend without any worries. But I agree that sharing a 'stand-alone' pattern is not the same thing and shouldn't be done. My 2 cents, Allison
Over here, anyway, the author gets a small sum of money for every time a library lends out a book; sort of like a royalty. I don't know if you have the same system; but I would not have thought the loans are free of all recompense to the author? . In message , Allison writes
I believe they call that a Library :-) It is perfectly fine to loan things to others. Even many guilds have libraries and share books. There is such a thing as "fair use" too for the customers.
According to copyright law you may sell, lend, give away, burn, flush, etc any original pattern/book/magazine you own. What you can't do is make a copy to keep while you dispose of the original or keep the original and give/sell/lend a copy. Likewise if you lend your original to a friend that person may not make a copy and give your original back to you. It's about the right to copy.
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There are other sections of the law devoted to what libraries can and can't do.
I think there's confusion when people use the term "sharing". If you lend your original to a friend that's a completely legal form of sharing. However, many people use the term sharing to describe the illegal practice of copying or scanning original patterns and distributing them.
There was quite a bit more to the story. The guild was selling patterns, the designs by the student were more than a little similar to other published patterns of the designer and so on.
It was sad that it happened but the designer has to protect his/her copyright or run the risk of losing it.
The whole publishing/teaching thing is just so hairy and unclear at times. On the one hand the creator should be acknowledged and paid for their hard work and creativity. On the other hand, I am at times shocked to read the quilt designers list and read that some feel that they practically own every quilt made with their pattern (even if it's log cabin blocks!) The truth is out there but sometimes both sides want a bit (or a lot) more then the fuzzy law allows.
A designer can pretty well stick any darn thing on their copyright statement. Whether they can actually defend some of the crazy things there in court is another story. But, who wants to spend the money fighting some of it?
I wondered if there was more to the story, because it just didn't make sense to me that the nationally known quilter won her case. We have several members in our guild that belong to both guilds, so we are most likely only hearing one side of the story. I didn't know they were selling patterns.
Wow. This gets much more complex than I thought. Really, unless the quilt was practically an exact copy, I think, like you, that the instructor would *expect* people to use the techniques she was teaching. Suing a quilting guild (unless it was a
*really* blatant case of copyright violation)....IMO.....kind of....stinks. I mean, guilds aren't making millions, and they usually donate much of their work. And I'd think the designer's reputation and class participation would ultimately suffer. Geez. What a way to suck the fun right out of quilting. Thanks for sharing the story. Doing some head-scratching here, too.
I've been to classes where participants whined because they had to buy an entire book when they only really needed a few pages of it (the rest was basic beginner-type instruction), and they'd want to xerox-machine "share" instead of everyone buying the $30 book. Now THAT, to me, was a cut-and-dried no-no. No gray area there.
But your story really illustrates that some copyright violations are much more complex. Different world than back when everyone got their quilt patterns from the newspaper.
I've had classes from thoughtful instructors who would like to have you buy the book but provide enough handouts with the info you need for the class so that you can get by without the book. Of course, the book will have more detailed information & many class participants end up buying the book. But it does give you a chance to try the technique without investing in the book.
Yes, selling patterns of their version of the quilt. The designer found out when she had a booth at PIQF not far from the guild booth and customers kept coming over and mentioning her pattern for sale around the corner.
As the mother of a musician, I am more than a little bit aware of the problems of copyright law when it applies to intellectual property. If you think people 'steal' quilt patterns, you should hear what they do to music! joan :<
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