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Copyright Infringement

• What is copyright infringement?

The US Copyright Office says, "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."
(US Copyright Office Definitions, What is copyright infringement?, http://www.copyright.gov/help/faq/faq-definitions.html)

Barbara Brackman's book "Encyclopedia of Pieced Quilt Patterns" includes the dates that various blocks were first published. To be on the safe side, any block published more than 95 years ago it is now in public domain and you are safe to use it. Some materials may come into public domain sooner because before 1978 the copyright holder had to actively renew their copyright. If you want to use a source less than 95 years old, you would have to investigate to determine if the copyright was renewed or not.
(US Copyright Office Circular 1, Copyright Basics, page 6, http://www.copyright.gov/circs/circ01.pdf)

• What is public domain?

Public domain is when something is no longer protected by a copyright. Many traditional quilt blocks, such as an Ohio Star block, would fall under this category and you are free to use them without permission.
(US Copyright Office Definitions, Where is the public domain?, http://www.copyright.gov/help/faq/faq-definitions.html)

• What is fair use?

Fair use allows newspapers and other publications to publish a photo of a quilt as long as the artist is given credit, product information is given, and the quilt is not reproduced full size.
(US Copyright Office, Fair Use, http://www.copyright.gov/fls/fl102.html; also Copyright Law of the USA, Section 107, http://www.copyright.gov/title17/92chap1.html#107)

Fair use also allows teachers in "educational institutions at all levels" (elementary schools, high schools and universities) to make copies to distribute to their class. Even in this case, there are guidelines and some limitations that must be followed. See page 8 of Circular 21 for guidelines.
(US Copyright Office Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, page 4 & 8, http://www.copyright.gov/circs/circ21.pdf)

For more information, read Fair Use of Copyrighted Materials (http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm) , specifically the "Four Factor Use Test" found near the bottom of that webpage.

• Ask permission before using

If you have your heart set on using someone's work, always ask permission first. They may say yes. If they say no, go back to the drawing board and come up with something uniquely yours!
(US Copyright Office FAQ, Can I Use Someone Else's Work? Can Someone Else Use Mine?, http://www.copyright.gov/help/faq/faq-fairuse.html#permission)

If you don't know how to ask, the Copyright Management Center website of Indiana University has detailed information on how to secure permission to use copyrighted material.
(Copyright Management Center, How to Secure Permission to Use Copyrighted Works, http://www.copyright.iupui.edu/permsec.htm)
and General Permission Letter - Model, http://www.copyright.iupui.edu/pgeneral.htm)

• What kind of penalties can be imposed for copyright infringement?

If it is determined that a person is guilty of copyright infringement, penalties could include a court order to stop producing that item, confiscation of the items, and paying the owner of the copyright any profits you received (or could have received) as well as attorney fees.
(Copyright Law of the USA, Sections 1321, 1322, 1323, http://www.copyright.gov/title17/92chap13.html#1321)

• Photocopying copyrighted works

It is generally accepted that you can photocopy a pattern to cut up or mark on so you don't ruin the original. You can not photocopy a pattern to give to a friend so she doesn't have to buy it. This would result in a loss of income for the author.

As of 2009, it also doesn't matter if a book is out-of-print. You still do not have an automatic right to copy that resource if the copyright hasn't expired yet. An author has the right to NOT distribute their work. The copyright still exists for the time period discussed on the "Copyright Your Quilt" page.

• Quilt classes

If you take a quilt class, you have permission to use patterns given in that class to make multiple quilts, unless the teacher has given you limitations in writing. However, if your friend did not take the class, you do not have permission to make copies of the patterns and give them to her.

• Quilt magazines and books

You are free to use patterns and information from any book or magazine that you have purchased. However, you do not have permission to make copies of these resources in order to give them to a friend so she doesn't have to buy them.

• Other quilts as inspiration

The US Copyright Office says, "The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission."
(US Copyright Office, Fair Use, http://www.copyright.gov/fls/fl102.html)

Let's say you saw a quilt you really love. You want to make one just like it except you plan to change the color scheme. You still would need permission because the design has not changed significantly. You would need to change the design enough that it does not look like the original. However, a technique can not be copyrighted so you may use another quilter's technique to create a unique design of your own.

• How can you get permission to use someone else's copyrighted design?

You can contact the owner of the copyright directly. If they are willing to grant you permission, request they give it to you in writing. Or, you can contact a licensing organization such as those listed on the Copyright Internet Resources page (http://www.copyright.gov/resces.html).

• Disclaimer

I am not a lawyer. The copyright information presented is not to be construed as legal advice. All information given above has been assembled either from the references noted above or from information contained in the additional resources listed on my Sources for More Copyright Information page, (http://www.lostquilt.com/Sources.html).

My desire is to present a clear, easy-to-understand summary of copyright issues that may be relavant to the average quilter. If you find that any of the above information is in error, I am very happy to correct it. Please email me with the correct information and the source of your information. Please note, the scope of this article does not allow me to cover every possible scenario. That's what the copyright law is for.

If you need more specialized information, consult an attorney whose expertise is copyrights and intellectual property law.

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Unless otherwise stated, quilt photos have been provided by quilt owners.