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Lost Quilt Come Home PageDedicated to displaying lost and stolen quilts and to providing information on protecting quilts. |
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Copyright Infringement• What is copyright infringement?Copyright infringement occurs when a person copies someone else's copyrighted items without permission. This would also include public display of a copy of copyrighted work. • 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. • What is public domain?Public domain is when something is no longer protected by a copyright. Traditional quilt blocks, such as an Ohio Star block, would fall under this category and you are free to use them without permission. Before 1978, a copyright lasted 28 years and could be extended another 47 years for a total of 75 years. After 1978, a copyright lasts the lifetime of the author plus 70 years. Go to this website for a handy chart of when works pass into the public domain. (http://www.unc.edu/~unclng/public-d.htm) • Acknowledge your sourcesThe often used phrase "give credit where credit is due" applies here. 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! • Photocopying copyrighted worksYou 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. It doesn't matter if the book is out-of-print. An author has the right to NOT distribute their work. The copyright still exists for the time period discussed above. • Quilt classesIf you take a quilt class, you have permission to use patterns given in that class to make multiple quilts. 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 booksYou are free to use patterns from any book or magazine that you have purchased. However, the same guidelines for quilt classes would apply here. • Quilt teachersIf you are teaching a quilt class, you may distribute copies of instructions or patterns that you have written yourself. You may not make photocopies of someone else's instructions to give to your students. This would deprive the copyright owner of the income and recognition she deserves. • Other quilts as inspirationLet'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. • 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. However, they could not include a pattern of the quilt without permission. Fair use also allows teachers of non-profit schools (elementary schools, high schools and universities) to make copies to distribute to their class. This would not include typical quilt classes or quilt guilds. 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. • 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.loc.gov/copyright/resces.html). • Sources for more informationSources for more information on copyrights. Please note: I am not a lawyer. All information given above has been assembled from information contained in the resources listed here. |
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