Software
Houzz Logo Print
hzdeleted_19722038

Copyrights

16 years ago

Being an artist, I am very sensitive to another artist's work, but don't know a lot about artist's rights and how someone might infringe upon them. There is a blurb concerning copyright law at the beginning of this forum that posting photocopies and patterns of another person's design is an infringement. So sorry to be so serious, but if I were to use another person's design to make a block and then post a picture of that block (which I have already in fact done) how is that not an infringement? I've done it, most everyone has done it, and I am not trying to start trouble about it but I am just wondering how this is different from posting the actual design itself? Also, if someone owns a copyrighted design and is also a teacher and teaches that design in a class, can the student then turn around and make that design and then sell it? Or do they have to get permission from the designer to do so or at least indicate who did the design, etc.?

Comments (11)

  • 16 years ago

    Most have a statement that says 'for personal use only', which prohibits resale of the pattern or items made from the pattern.
    I can't see where displaying an item that one makes infringes on a copyright, especially if credit is give to the designer.
    Sharing patterns isn't selling them, so no profit is gained.
    I can see where a person wishes to have credit for their work but I think sometimes the copyright law infringes on my right as a consumer.
    My unlegal opinion. Jayne

  • 16 years ago

    If you posted a picture of their actual work, or a picture of the pattern, that would be an infringement. By posting a picture of your work, that is an interpretation of their pattern and is allowed as long as you are not benefiting financially. It is no different than if you hung it on the wall for people to admire. But you could not sell it as a pattern, or produce it in large quantities. Most teachers get permission to use patterns for class only. It does not extend to the students and they should not reproduce the pattern or mass product products from the pattern.

    At least that is how I understand it.

    beverly

  • 16 years ago

    I really think you should consult a patent attorney, if this is of great concern to you. In the meantime. let your conscience be your guide. If you feel it is an infringement, I wouldn't post pictures anymore, if I were you.

  • 16 years ago

    It's not really that I feel guilty or that I think anyone else is, just trying to understand the difference. In this world of litigation over the least thing it makes me wonder where the dividing line is so that I don't overstep it in any way. I think Beverly pretty much made it a little more clear to me. I was thinking of joining in on the BOM and was wondering if using and then posting another person's block design would ever be a problem. I do know that the traditional ones aren't a problem since it's been in public domain for so many years, - but otherwise I am ignorant of the artist's rights for recent designs. I am thinking of doing some Celtic applique block designs and then got to thinking, if I Google a design and it's not in the public domain, am I at risk to post it after making it.

  • 16 years ago

    I would imagine you would be if you did not purchase the right to duplicate it. I doubt if you would have problems if you did purchase the right to duplicate it and then posted a picture of your finished product and did not claim the design. I have had proprietary licenses for plant material, but not artwork and patents are a little different ballgame than copyrights.

  • 16 years ago

    OK, forgive me for being so foggy. So, if I am understanding this right, if I pay for a design, e.g., I buy a pattern book, or a magazine, pattern kit, etc. and use it to make something, then post the finished work online, there is no problem, but if I were to say, Google it online and use a design I find to make it and post it, since I actually didn't purchase it, I would be at fault? Is that what you mean by purchasing the right to duplicate?

  • 16 years ago

    This might help:

    http://www.straw.com/equilters/library/quilt_issues/quilt_copyright2.htmls

    I wonder if I should post my pics anymore. I am sure that you are not the only one with a litgious nature.

  • 16 years ago

    The link you posted can't be found on Google's server. I will try to find it on something else. Anyway, I'm not out to sue or be sued, just want to know how to not overstep the boundaries.

  • 16 years ago

    Ritaweeda, if you take the s off the end of the link in the post above it works. http://www.straw.com/equilters/library/quilt_issues/quilt_copyright2.html

  • 16 years ago

    Rita,

    I think you maybe be worrying yourself for nothing. I'm a (self-taught) quilter for abt 15 yrs. now, involved here & at my LQS for at least 5 yrs. each now. (Am also a former textile designer.)

    From all I read & hear, manner of use is the governing principle. I've looked at kits in my LQS where there's specific permission written for the product (pattern or kit) to be used in quilting &/or teaching settings & for educational purposes, just not for profit.

    You might inquire at the Amerian Quilter Society or try (what I believe is the recently opened (National?) Quilt Museum in Nebraska, Lincoln maybe.

  • 16 years ago

    but if I were to say, Google it online and use a design I find to make it and post it, since I actually didn't purchase it, I would be at fault?

    If the pattern is public domain....no problem. If the pattern is not public domain, but somebody's original design they published on the web........it would behoove you to see if they gave permission to even use their pictures without permission. Many will permit you to use it with certain stipulations as others have said and I wouldn't hesitate to post a picture of my own work if I followed what they said (i.e. giving credits, not for profit. etc.) If you saw a pic of somebody else's design, just liked it, did not purchase it, had no permission to copy it and just plagarised it for your own use, I'd be hesitant to post a picture of the work on the web.

    Those are just my takes on it. I try to be very careful about those sorts of things, and because of it when I was doing the block lotto thing hesitated to make some blocks the monthly choice, simply because there was a question in my mind if it might be abusing the priviledge.

    I have no 'inside' knowledge about this stuff, just a sense of fairness. Ask an expert if you want a 'for sure' answer.