What a gorgeous day here in NW PA! I woke up to bright sunshine and happy bird song. I love mornings like this! We’ve had a couple wonderful summery days and it makes me so glad that I have a nontraditional career where I can get outside anytime I want to drink in the lovely weather. Lucky me….
We have so much to do today, we’d better get started.
The Last Blog Hop Prize Update
Hip! Hip! Hooray! I just shipped the last bunch of prizes yesterday — all 41 of ’em! I know those of you who won prizes and haven’t received them yet are probably getting a little anxious by now and today I’m happy to say the last of the Blog Hop prizes will be arriving shortly.
If you won a prize during the Blog Hop and do not receive it within the next couple weeks, please email me at tricia@villarosadesigns.com so I can look into it.
Again, thanks for your patience. I hope all of you winners enjoy your prizes!
Let’s keep moving!
And the Winner Is……….
Congratulations to Barbara in MA! She is our giveaway winner.
Thanks everyone for telling me about your favorite color combinations. Like you, I have lots of different combinations and it’s hard to pick just one. Wink, wink……..
If you didn’t get your own copy of Plan Design Quilt yet, you can find it HERE.
My Recent Copyright Issue
I love being a quilt designer and author, but sometimes things happen that make me so so frustrated. Recently, I had a copyright issue and I’d like to tell you about it.
I’ve talked about copyright and quilters a couple times before and you can find links to those posts here:
I also want to remind you that I am not an expert in the field of US Copyright Law. What I’ve learned, I’ve learned by reading, researching, talking to others, and experiencing issues first hand. If you need expert advice or information about US Copyright Law, please seek the help of a Copyright lawyer.
Recently, a quilter familiar with our VRD Rose Card patterns emailed us with a screenshot showing the back of one of my Rose Card patterns — the instructions — posted on Facebook. The kicker was that the poster actually covered up the copyright information at the bottom of pattern, which indicated the person posting my pattern knew exactly what they were doing. Please don’t assume they just didn’t know that it was wrong or what they were doing was violating US copyright Laws — if they covered up the copyright info, then this was done completely intentionally.
I tried to check it out on FB, using the info on the screenshot to guide me, but I found out that the group was private. Now what? I ended up having to join the group so that I could address this copyright infringement. While waiting for my membership in the group to be active, I was able to look up the person who posted my copyrighted pattern instructions and I wrote a very firm message to them. I also found out that person was — of all people — an administrator of the Group!
When I was finally accepted into the group later the same day, I then posted a super firm comment showing the front of my pattern and telling all 3000+ members that I owned the copyright and I did not give permission to share my pattern instructions and that by doing so AND covering up the copyright information intentionally was a violation of US Copyright Law.
I also found out how to make an intellectual property complaint to Facebook, which I promptly did.
You can find Facebook’s Intellectual Property article which also includes a link to the form for reporting Intellectual Property abuse HERE.
Finally, the original post was taken down in the Group before Facebook even had the chance to do it (which told me that at least one of the administrators of the group knew it was wrong and deleted it before the group could get in trouble from Facebook). But it wasn’t deleted before over 3000 people had the opportunity to save/print/copy/repost my pattern. THEN I got grief from another one of the administrators who not only deleted my public posts in the group about copyright law and my rights as the copyright owner, but also told me that I should contact the guilty administrator and not post to the entire group. Seriously??? Not one person accepted responsibility for this nor did anyone even offer an apology! I am still seething about this experience.
You might wonder why this upsets me so much. Let me explain.
Sure, maybe that person originally purchased my VRD pattern for $2 before posting it on Facebook, but that did not give them the right (legally or morally) to share it with over 3000 people for free. They did not ask my permission to post my copyrighted pattern instructions — I would NEVER have given my permission to post it on Facebook anyway.
Copyright laws are there to protect intellectual property for many good reasons, including a copyright owner’s ability to earn income on their own intellectual property.
I design quilt patterns as part of my livelihood. By posting the instructions of my pattern for free on the FB Group, that person so kindly helped me (and VRD) to lose potential income — possibly more than $6000 in pattern sales, if each of the 3000+ group members had purchased their own pattern at $2 per pattern.
This all makes me second guess my desire to design and publish new quilt patterns. If designers stopped creating new quilt patterns, new quilt books, and new quilt magazine patterns featuring new techniques, new fabric collections, new tools, and new ideas then the quilt world would suffer greatly. Eventually the sale of fabric, notions, tools, rulers, etc. would suffer, which would then hurt fabric companies, publishers, advertisers, quilt shops and other quilt-related businesses. People could lose their jobs and companies and businesses could eventually go out of business. Do you see the domino effect here? Ultimately, it would hurt you, the quilter, who just wants to make beautiful quilts.
Copyright law protects ALL of us.
I appreciate you taking the time to hear my latest copyright story. And now I’ll jump off my soapbox.
Time to check out the NEW May patterns!
NEW May 2024 VRD Rose Card Patterns
Yep, it’s the Thursday after the first Friday in May, which means — NEW PATTERNS!
There are 7 — count ’em — 7 NEW patterns this month — the set of 5 that you know and love along with a table runner and a snack mat. Definitely something for everyone in this month’s patterns.
YAY! Aren’t they Fab??? You can get the set of 5 physical patterns for the special price of $8.95 HERE
I’m sorry, but we don’t offer the set as a digital pattern collection. However, the good news is that each pattern is individually available as a digital format. You can find the patterns by name on our website, villarosadesigns.com.
Here’s a pretty flower runner, perfect to whip up for Mother’s Day or just for spring — I can see you already picking out your favorite colors and fabrics for this one. You can find the runner physical pattern HERE or the digital pattern HERE.
And here’s a very spring-y fun Snack Mat pattern. Don’t you just love pinwheels??? They are so fun and happy! You can find Pinwheelies the physical pattern HERE or the digital pattern HERE.
So, which one are YOU going to make first???
Well, I’m off to take my sweet and crazy little Shih Tzu, Bailly, out for a walk to enjoy this gorgeous day. Ta Ta!
Here’s my 1 1/2 year old cutie, Bailly, who needs a haircut and a shave right now….LOL! Don’t you love her happy grin???
It’s a fine spring day here in Pennsylvania! Clear blue skies and temperatures in the 70s. Things are greening up and blooming. But Mother Nature isn’t done with her shock treatment yet as next week will be back in the 30s and 40s again. Go figure! Ho hum…..this is spring in northwestern PA.
Last week I started a new mini series on Quilt Block Basics — did you miss my post about Half Square Triangles? If so, you can check it out HERE.
I will be getting back to the Quilt Block Basics mini series next week, but this Thursday is the Thursday following the first Friday of the month, so I am excited to debut our brand new April 2023 VRD Rose Card patterns! Yay! Definitely one of my favorite posts every month!
I know I’ve said this more than once (probably more like a million times) but there isn’t another pattern company out there who produces as many new patterns every year as Villa Rosa Designs. We put out at least 5 new patterns a month — add to thatour usual 1 (and sometimes 2) new table runner pattern(s) each month and that figures out to be an average of 72 new quilt patterns a year! Mind-boggling, isn’t it???
We have the most awesome quilt designers here at VRD (not that I’m biased or anything) and together we make the impossible possible.
Revisiting Copyright for Quilters
Recently a reader asked some thought-provoking questions on the blog and I wanted to share her questions with you. Thanks, Mindy, for giving me permission to share your comments.
Mindy wrote the following after reading my post about The Copyright Question for Quilters (go HERE to read the Copyright post):
Can I ask one thing that comes up often with this discussion? How do you feel about second-hand selling of your patterns or having the pattern donated to a guild or other “library” type situation? I sat in on a lecture years ago at Quilt Market by two copyright lawyers and it was my understanding that this was illegal, but I have recently heard some pattern designers don’t mind and would rather the pattern be used than thrown away. What are your thoughts if you don’t mind me asking?
SIGH……. If only understanding copyright law and practicing it were straightforward and simple. But to understand copyright law, you basically need a copyright lawyer to explain things in a way you can understand. That being said, copyright law is even confusing for the professionals as they often don’t agree with each other. So if lawyers can’t agree on what copyright law is and how it applies, then how are we — the quilters and the designers — supposed to understand it?
And you need to understand copyright so that you can practice it. Such a conundrum.
What do I think?
Please note these are my personal opinions as a quilter and designer.
Guild Lending Libraries
I have belonged to quilt guilds for a long time and yes, one of my guilds did have a library of quilt books (not patterns) that guild members could check out and borrow. I don’t remember when exactly, but the guild library was dissolved years ago and the books were donated to a used book sale at a local library. I think it ended up being dissolved because the collection took up a lot of space in our storage locker and it wasn’t being used by the guild members. Part of the problem, I suspect, was that the lending library wasn’t updated and weeded out regularly in order to keep the collection current and relevant to the interests of the guild members.
I think libraries — any kind of libraries — are wonderful amazing incredible things!
Let’s consider public, school, and university libraries — they purchase one or more copies of a book or magazine and not even allow — but encourage — people to borrow these materials free with their library card. Is this an infringement of copyright law? I don’t think so — most authors, myself included, want to see their books in libraries.
How is a quilt guild lending library any different? Really? Of course, I am talking books here, not patterns, but what is a quilt book but a collection of quilt patterns? In my opinion, as long as the book or pattern was purchased legally at some point, it is a good thing to pass it along to someone else. (This does not mean making a photocopy of a book or pattern and giving to your best friend, but passing along the original book or pattern.) I am always pleased to see books find their way to someone who will love them.
Additionally, most folks are conscious about recycling and trash disposal — isn’t it better to pass along a book or pattern to another who will find enjoyment or enlightenment from the book/pattern instead of adding more trash to landfills? To me, there’s nothing more devastating than someone throwing away a perfectly good book.
Secondhand Selling
The selling of secondhand goods is HUGE all over the world. Secondhand sellers have existed far longer than copyright laws have. The secondhand selling of goods is a big part of any economy, so I am not sure how that corresponds to copyright when you’re talking about books and patterns.
If selling secondhand books, patterns, and other types of publications was an infringement of copyright law, then how can sellers resell goods on eBay, Amazon, Etsy, and the like? What about at the Goodwills and Salvation Army stores? What about the used book sales at your local library? Or garage sales, yard sales, flea markets, antique shops, and others? Why aren’t we all thrown in jail or fined for buying or selling secondhand goods?
Where would we be as a world without the secondhand sales industry? Wouldn’t this increase our already out of control issues with garbage and landfills? Wouldn’t it put A LOT of people out of work?
For me, personally, I am all for supporting the secondhand sales industry for many reasons —
It reduces waste
It helps people to afford goods that they need
It can help someone else in some way (whether it’s the actual information in a book/pattern or that the sale of the item supports a charity)
Secondhand sales (and the searching of desirous items) can be a lot of fun
It employs people, and can provide/supplement income
An “old” item to you might be a “new” item to someone else
It is a form of recycling
This topic makes me think about the old saying “Use it up, wear it out, make it do, or do without” and the more modern version — “Reuse. Reduce. Recycle.”
What are your thoughts on guild libraries and secondhand selling of quilt books and patterns?
Thank you again, Mindy, for bringing up these topics. I am curious to see what others’ thoughts are. Any copyright professionals out there who can weigh in on this discussion?
I hope you don’t mind but I’m going to interrupt my VRD Panel series to address a situation that popped up last night at my monthly guild meeting. Next week, we’ll jump back into Panels.
I am apologizing right up front — this is a text-heavy post. Sorry….
Do you belong to a quilt guild?
Last night at my November guild meeting, after much planning, work, and anticipation, we drew the winner for our annual raffle quilt. The money raised by the raffle is partly donated to the church where we meet and used for guild programs and projects throughout the year. After the winner was drawn, we had a discussion about next year’s raffle quilt project. The 2022 raffle quilt organizer explained what she had done and suggested a time frame for next year’s project. Others added their thoughts to the discussion, too. When the discussion turned to ideas about selecting a pattern for next year’s raffle quilt, I naturally raised my hand and said that when we selected a pattern, we needed to check out the copyright information.
Suddenly I felt like the ugly stepsister or an alien from outer space! My comment was met with a lot of confusion and perhaps even some chagrin. Only a few people nodded in support. I was floored. Copyright is such a hot topic in quilting and has been for years that even popular quilt magazines address copyright and quilting from time to time.
I explained that we should contact the designer of the selected pattern to seek permission to use their pattern to make our raffle quilt. Of course, most designers would probably have zero issues with such a request and would gladly provide their permission. Maybe they’d request a photo of the completed raffle quilt, but most designers would just be pleased that we took the time to ask.
As a quilt designer, I would be. If I was asked.
One of the members indicated the magazine in front of her and suggested using a “free” pattern in a magazine. I said that patterns in magazines aren’t really free because someone paid for that magazine. And magazines are protected by copyright laws, too.
I stewed about the discussion all last night after the meeting — even hashing it over with my pals on the way home. When I got home, I talked about it with my family, too.
The subject of copyright and quilting was really weighing on my mind so I decided it was important enough to bring up here on the Villa Rosa blog.
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
So, what exactly is the copyright question?
Actually, it’s a lot more than a single question, it’s a heap of different questions, a lot of conflicting information, and a ton of confusion. But before I get into the topic more deeply, I’d like to tell you about a few of the situations I have personally encountered over the years with copyright issues.
1. One time I was teaching a machine quilting class at one of my local quilt shops. I had designed an original yet simple table runner for the class and provided written instructions to those who registered and paid for the class. As the class was for machine quilting, the students were to make the table runner prior to class so we could work on machine quilting the runner during the class. While I was teaching, a couple of ladies who I knew from the quilt guild I belonged to at the time (not the one I belong to currently) came into the classroom. One of the women commented on my class sample, which was hung on the wall in the classroom area along with a poster with my class information and dates. I thanked her and said if she was interested, she could sign up for the class and would receive the instructions for my table runner. She literally scoffed at me and said she could just take a photo of it and go home and make it herself. I was shocked — so incredibly shocked I couldn’t even say anything. What do you think — is this okay?
2. Last year I found a table runner from one of my Villa Rosa Designs Rose Card patterns for sale on Etsy. The maker/seller took the time to list the name of my pattern and my name as the designer. I have to assume she purchased the table runner pattern at some point, but is it okay for her to make money using my pattern?
3. Recently, I read a comment from someone who said they couldn’t find our VRD Rose Cards in their local area and they don’t want to purchase them online so they made their own version of VRD quilts by copying the quilts in pictures on the Internet. Is this okay?
Every time a copyright issue pops up, I think of my friend and mentor, Cheryl Weiderspahn. Cheryl is the one who started me on the road as a quilting professional by introducing me to her book editor many many years ago. Without Cheryl’s help and patience, I would never have gotten where I am today.
Thank you, Cheryl.
Before she retired, Cheryl owned a pattern company and on her website, she had an article about copyright. With her permission, I am sharing her article in its entirety. Over the years, I’ve read lots of articles, talked to many other professionals, and gathered information, but Cheryl’s article is the one I always come back to when I have copyright questions because it always makes the most sense to me.
So, here is Cheryl’s article:
If you didn’t write it or create it, you do not own the right to copy it or distribute it!” – Susan Levin
Our schoolteachers warned us all about plagiarism. We were refused when we took a professional studio photo to Staples to make color copies. We all know we shouldn’t buy a movie video and make copies for our friends. We all have heard about the piracy controversy over illegal music downloads from the Internet. Yet quilters and sewers are incurable sharers and we think nothing of laying a magazine or pattern in the copy machine and distributing copies to all our buddies. It all seems innocent enough at first.
Copyrights protect “Visual Art” such as drawings, sketches, paintings, blueprints, maps, labels, photos, charts, stationery, music, movies, architecture, sculpture, cartoons, patterns, how-to instructions, books, fabrics, quilt designs and other two- and three-dimensional works. (Patents only apply to inventions.)
This copyright grants the creator five inherent rights: the right to reproduce or copy their work; the right to distribute their work; the right to publicly display their work; the right to perform their work; and the right to create derivative works of the original work.
How long does a copyright last? In 1998, Congress fine-tuned the law to allow works to be copyrighted for the life of the creator plus 70 years. This means that 70 years after the creator dies, the copyright expires if no family heir files for an extension to renew it. After that it is in “Public Domain,” allowing anyone to use the work. So the fact that a magazine, book or pattern is out of print, or the author is dead, does not mean you can copy it.
But many Public Domain works are available for legal copy. Also, there are copyright-free sources such as some of the EQ5 [Electric Quilt] designs. I got over 20,000 results when I did a Goggle search for the topic “public domain quilt patterns!” Take the time to look and ask for necessary permission and grant credit where due.
Let’s dispel a few myths. First of all, forget any nonsense you ever heard about “If I change it 10%” (or 20% or 30%, the myth varies) or “If I change three things” then it is my own design. That is a myth. What will a judge look at? If the work is in any way recognizable as the work of another artist, and you use it without permission, you have created a derivative work of art, which is an infringement on the original artist’s work and a violation of Copyright Laws.
Another myth is that if you don’t sell the work, or if you create it for charity, you aren’t infringing on the artist’s copyright because you aren’t making any money. That is a myth. The law is not based on how much money YOU make, but on how much money the artist might lose had she been able to charge you for your use from licensing, royalties and other fees. An artist denied this income has no money to invest in future designs for you. Artists are in the business of selling their designs. If they don’t sell very many, they can’t keep designing new ones, and the entire creative community suffers in the process.
A quilter called me one day to ask if she could make one of my vests to donate it to a charity auction to benefit Breast Cancer Research. Of course I thanked her for calling and granted permission. It was my choice to enable her to raise money for a worthy cause. Any artist with a heart would grant permission. She was not claiming it as her own design and I did provide her with a sew-in label stating “Created with a Homestead Specialties Pattern” and a catalog flyer to include with the vest. Can she also make one of them for her niece for a Christmas gift? Of course, I see that as being for her own personal use. Would I have grated permission if she had asked to make four vests from my pattern and sell them for profit at her local gift shop? No way! Would I ever find out that she sold four vests at her local gift shop? Would the Copyright Cops arrest her and haul her off to jail? Probably not, but she still broke the law and ripped me off. If I were she, I would not want that guilt hanging over my head.
In a shop class situation, that is why each student is required to purchase the pattern/book being taught. Otherwise, the artist is being denied her income from the sale of her pattern/book. Does paying for that class entitle the student to make and sell those items? No, not without the designer’s expressed permission.
This is also why shop owners must buy the patterns from the designer herself (or one of her distributors, like Checker Distributors), rather than laying the pattern on a Xerox machine or scanning it and making copies for sale. This is clearly denying the artist of her deserved income and the shop owner’s professionalism and integrity is in question to all who see this activity. Legal action could easily follow, especially since the shop owner is bold enough to expose the counterfeit patterns to the public eye.
If you copy a quilt or garment, even making changes, and enter it in a national competition as your own design, you are not only guilty of infringing on the rights of the original artist, you could be forced to forfeit all prizes, as well as any commission work that came as a result of that show. By all means, you should give credit to the original artist and say so when filling out the entry forms!
When I do retail shows with my original garment designs all over the country, I do not allow photography (which amounts to “copying”) in my booth unless the person taking the photo has already bought the pattern. Many people take photos with the intent of making their own garment from the photo rather than buying the pattern, and this denies me my earned income. This photography policy is printed in the show program and most show attendees have the courtesy to ask my permission to take photos.
Have artists actually stood up and won? You bet! For example, Connie Spurlock, owner and designer of Sew Wonderful Dreams Patterns told me how she was looking at patterns at her local fabric chain store one day and was shocked to see that a “major pattern company” had a pattern very similar to one of hers. She opened it up and saw that it was her design; even the instructions had been copied word for word! It was just a crafty little doll pattern, but they settled out of court for a tidy sum of money! True stories abound where the artist prevails over copyright infringement.
If in doubt, ask permission and give credit where credit is due.
For more information:
U.S. Copyright Office: 202-707-3000 Copyright Information Office: 202-479-0700 To request a publication: 202-707-9100 http://www.copyright.gov/
Permission is granted by the author to reproduce this article in its entirety.
— Cheryl Weiderspahn
Let’s use Cheryl’s article to think about my three scenarios above.
1. Was it okay for that guild “friend” to take a photo of my class project table runner and go home and make it?
2. What about the person making and selling my VRD table runner pattern on Etsy?
3. Is it okay to copy a quilt you see as a pattern available for purchase online?
What do you think?
Most likely there are as many people out there who will agree with Cheryl’s article as there are folks who won’t. Copyright law is so confusing! One’s understanding and thoughts of copyright depend on lots of different factors such as who one talks to, what articles or websites they have read, if they have consulted a lawyer who can interpret and understand copyright law (of course, even lawyers and scholars are going to disagree and interpret things differently from each other), whether one is a designer or someone who uses other people’s patterns and many other factors.
Why does copyright have to be so dang confusing?
Hmmmm. Maybe there isn’t really a single answer or a single way to interpret copyright law at all??? That’s an interesting question, isn’t it? But I don’t have the answer — I am a designer, not a lawyer.
It’s funny but while I was writing this post and looking up information, I kept thinking about the Golden Rule. Remember that one from your childhood?
Do unto others as you would have done to you.
I just looked it up on the Internet because I wanted to get the wording right and to see if I could find out the attribution of the quote I grew up hearing at home and at school.
According to the Encyclopedia Britannica, the Golden Rule is from the Gospel of Matthew (7:12), but the similar concepts of fairness are found in the writings of Confucius, Seneca, and others.
According to Wikipedia, “The Golden Rule is the principle of treating others as one wants to be treated. Various expressions of this rule can be found in the tenets of most religions and creeds through the ages.[1]”
Wow! And I thought it was only something my parents told me when I wasn’t getting along with my older sister or what my teachers said when my BFF and I were fighting on the playground.
So, let’s consider my three scenarios again using the Golden Rule.
1. Is it okay for a guild “friend” to take a photo of a class project table runner and go home and make it? Would that guild “friend” want someone to do that to her?
2. Would you want someone to buy your quilt pattern and make table runners from your pattern and sell them for profit on Etsy, even if they mention the name of the pattern and the designer in their description?
3. Would you want someone to see your original quilt online and instead of buying your pattern, just make a quilt copy from the photo?
What are your thoughts?
So, getting back to my quilt guild and the selection of the pattern for next year’s raffle quilt — using the Golden Rule, would whoever decides which pattern to use for next year want some other quilt guild to use their original quilt pattern for a raffle quilt without asking? Wouldn’t it be nice to be asked? Isn’t that just common courtesy?
As a designer, I would gladly give permission for a quilt guild to make one of my Villa Rosa Designs Rose Card quilt patterns for their yearly raffle quilt once they purchase the pattern. As a designer, I just want to be asked and acknowledged for my work.
Here are more resources about copyright and quilting in no particular order. They may have differing opinions from Cheryl’s article and even from each other, but isn’t it good to read a lot of different opinions and interpretations to figure out what you really think?
I hope you take a little time to explore these these articles and posts — there are a lot more out there, too.
I am not trying to influence people one way or the other, I am trying to promote copyright awareness because awareness brings knowledge and knowledge brings understanding. Even to the confusing world of copyright law.
Villa Rosa Quilts 