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Your original work is automatically copyrighted when you actually create or design your quilt. An idea that is still in your mind can not be copyrighted because it is not recorded in any concrete fashion.

• Notify the viewer

You should mark your creations with the © symbol (or you can write out the word "Copyright"), the year, and your name. This is not required for the copyright to exist and be valid, but it clearly notifies the public that you own the copyright. Also, you do not have to register your creations for them to be copyrighted, but it will give you added protection as well as certain additional legal rights.

You can only copyright "original works of authorship" that are in a tangible form. Your work must be unique and distinctive in order to copyright it.

For instance, you could not copyright an Ohio Star block since it is very common and it is in the public domain. However, if you draft the Ohio Star block pattern pieces and write a description of how to construct the block, you could copyright that. In this case, it is not the block itself that is copyrighted but it is the instructions and illustrations.

According to the US Supreme Court, "To qualify for copyright protection, a work must be original to the author. Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works)."

• Is it original?

I like to ask myself, did I come up with this on my own? Does it look like anyone else's work or style? Did I use anyone else's photograph or drawing in my design? When an informed viewer looks at my work, will it remind them of someone else's style or will it look uniquely mine?

The US Supreme Court has stated, "Originality remains the sine qua non [an indespensible condition] of copyright; accordingly, copyright protection may extend only to those components of a work that are original to the author."

This means that just because you successfully copyrighted a particular image, a blue daisy for instance, it doesn't mean that you can now prevent others from using their own blue daisy images, as long as they are using their own photographs or artwork, and not yours. The key is, are they each "significantly original" and were they created independently?

You cannot copyright a thought or idea. You cannot copyright a technique or method. You cannot copyright a title, name, short phrases, or familiar symbols.

Registering your original quilt makes a public claim to the design. If your design is copied by someone, you still have certain rights even without officially registering it but you will have to register for a copyright before you can file an infringement suit.

A copyright gives you five specific rights.

1. The right to reproduce the copyrighted work.
2. The right to prepare works derived from the copyrighted work.
3. The right to distribute copies, whether sold or given for free.
4. The right to perform the copyrighted work.
5. The right to display the copyrighted work publicly.

In one envelope, send:

1. A completed application form using black ink or a typewriter. For quilts, use form VA.
2. A nonrefundable check or money order for $45 for each application (no cash) payable to Register of Copyrights. (Effective as of July 1, 2006.)
3. At least one photo of the quilt you are registering.

Mail these three items to: Library of Congress, Copyright Office, Register of Copyrights, 101 Independence Avenue, S.E., Washington, DC 20559-6000.

The copyright registration goes into effect the day the Copyright Office receives all three of the items listed above. Send your application by registered mail so you will have proof of the date it is received. It will take a while for the application to be processed. Once the application is accepted, you will receive a certificate of registration. You will receive a letter or a call if they need more information or if the application is rejected.

Any copyright granted after 1978 lasts the author's lifetime plus 70 years after his death.

A "poor man's copyright" is the belief that you can mail yourself a copy of your work in a sealed envelope and the date of the cancellation stamp will verify the date of creation. However, there is NO such provision in the copyright law, and it certainly should not be used as a substitue for true registration. If you think about it, you will understand why. It would be simple enough to mail yourself an unsealed envelope and then you could put a copy of your item in the envelope at any time after receiving it.

A copyright is owned by the creator, not the owner of the physical object. Transfer of ownership of the object does not necessarily transfer the rights of copyright. The transfer of copyright is only valid if it is in writing and it is signed by the creator. When selling your quilt, provide a written statement to the buyer clearly stating who will own the copyright of the image so there is no confusion. If you retain the copyright of the quilt, you still have the exclusive rights as listed above.

• Visit the Copyright Office Website at http://www.loc.gov/copyright.
• Circular 40 is specifically relevant to visual artists.
• Or, you can speak to an information specialist at 202-707-3000 during normal business hours (Eastern Standard Time). You can also listen to pre-recorded messages 24 hours a day.
• For additional information on copyright issues you can subscribe to NewsNet, a free electronic mailing list. To subscribe, send an email to listserv@rs8.loc.gov with the message SUBSCRIBE USCOPYRIGHT.

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