Hello Quilty Friends!
Happy Thursday to you!
Last week I talked about copyright for quilters and showed a new book about copyright law for people who create, Just Wanna Copyright for Makers, by Sidne K. Gard and Elizabeth Townsend Gard. I am still reading and processing all the information in the book – and believe me there is plenty – I even have a few sticky notes marking sections that I will probably go back to over and over. I am learning a lot and I totally recommend this book for anyone who makes anything, whether it’s professional or just for fun.
If you missed last week’s post, you can find it HERE.
There is certainly a lot of information to wrap one’s head around in the book. I’m normally a very fast reader, but I am finding that I absolutely must slow down so I can understand what I am reading. There is just so much in this book – it’s kind of mind-boggling! One thing I’m really getting, though, is that copyright law is very confusing and there aren’t always hard and fast answers to questions or scenarios.
Before we go any further today, I do want to remind you that I am not a copyright professional or a lawyer. If you do have questions about copyright and what you can and cannot do, please consult with a professional.
What Can You Do With Copyrighted Material?
Did you know there are 6 different ways one can legally use a copyright protected item (quilt pattern, quilt book, image of a quilt, or quilt design to name a few.)?
- It’s your own work
- You ask and get permission
- First Sale doctrine
- Classroom use
- Library use
- Fair use
These things are pretty self-explanatory except perhaps First Sale doctrine, which I will talk about shortly. I’m not going to explain the other 5 here, but you can explore them in detail in Just Wanna Copyright for Makers.
As there are legal ways to use copyrighted items, there are also illegal ways, which is called Copyright Infringement. The most common types of infringement are:
- Copying someone else’s work exactly
- Making something so similar that the copyright protected design (or photo, or whatever) is recognizable
It’s important to understand what is okay and what isn’t when it comes to creating and using copyright protected material. Sadly, there isn’t always a perfect answer to our questions, though.
Let’s take a look at 3 common questions quilters and other crafters ask.
If I change 3 things or 10% or… of someone else’s copyrighted pattern or book, am I creating a new design?
The answer to this question is no……and maybe.
Simply changing a few things (like the colors or the number of blocks) in someone else’s work does not create a new design you can take credit for.
Yet, if you use a copyright protected image or painting or what-have-you as the basis of an entirely new creation, then the answer is maybe. If this is your interest, you might want to consult a lawyer for more information.
I bought the pattern (or book, etc.), so I can do whatever I want with it, right?
Again, the answer is kind of. Sigh……
According to Just Wanna Copyright for Makers book, First Sale doctrine gives the purchaser the legal right to “make it, write on it, lend it to a friend, donate the pattern after you use it, and even throw it away.”
Does the “make it” in the First Sale doctrine give the purchaser the right to sell items made from the pattern, then? Or not? It isn’t clear and I’m so confused………
It is important to note that First Sale does not apply to digital items. Legally, you can’t share a PDF of a pattern (or book) with anyone else – they must purchase their own digital copy.
Can I use someone else’s pattern to make quilts (or other handmade items) to sell?
This a complicated matter with no clear cut answer. Let’s explore it a bit, though.
When you buy a copyright protected book or pattern, you are granted First Right doctrine (unless it is in a digital format and then First Sale doctrine does not apply); however, it is not completely clear whether you can make and sell quilts from the pattern or book you purchased. It seems to be a grey area and goodness knows, every designer and maker has their own opinion about this subject.
Some folks believe that when you buy a copyright protected pattern, the copyright holder grants you permission to do whatever you want. This is not exactly true – please check out the First Sale info above or read more about First Sale in Just Wanna Copyright for Makers. Copyright protects certain rights for the copyright holder and those rights do not transfer to the purchaser of a pattern or book unless the copyright holder specifically transfers rights.
Others think that it’s just a pattern and patterns are not copyright protected. This is not exactly true, either. Clothing and sewing patterns may not be copyrightable because they are considered utilitarian objects, but a quilt isn’t necessarily a basic utilitarian object, it has an artistic design and it might very well be considered more a piece of art than a utilitarian object. Huh…more grey area.
Consider this – most designers do make a physical quilt before they write and offer a pattern for sale. Is the quilt itself or at least the design of the quilt protected by copyright? If it demonstrates enough creativity and originally, then yes, the physical quilt and/or design just might be copyrightable. If the quilt/design itself is copyright protected and the creator writes a pattern explaining how to make that quilt, then what? The pattern itself may be copyrightable, too. Is it then copyright infringement if one uses someone else’s copyright protected pattern of a copyright protected quilt design to make and sell items from?
Just remember that basic things such as shapes, techniques, and math are not actually copyrightable on their own. What is copyrightable is the combination of elements along with the creativity involved.
Another interesting scenario – what if a designer only makes a drawing or a digital rendering of the quilt they are writing a pattern for? The drawing or image itself might be copyrightable. Then what if the designer writes a pattern for someone else to create a physical version of their quilt drawing/image?
Additionally, are all photos, images, and diagrams copyright protected as individual things or only as part of the pattern or book?
About as clear as mud, isn’t it?
Can a designer or author come after you? You bet they can if you have infringed on their copyright protected material. Will they? Maybe, maybe not.
As copyright law is not always completely straightforward and clear cut, you should also consider the ethics of making items to sell from someone else’s pattern or book. No, there really isn’t a quilt police force out there watching you. Instead, it helps to ask yourself questions such as: How would you feel if you were the designer and someone used your pattern to make and sell items for a profit? Would you be okay if someone made a quilt from your pattern and donated it to a charity to be sold to benefit said charity? Would you be cutting into the income a designer or author can make from their own work? Would you be competing with the designer in the same markets?
For example, if I am the designer of a copyright protected pattern and I choose to sell my pattern on Etsy, is it okay for someone else to sell my pattern (legally obtained, of course) on Etsy too? Or maybe I make and sell derivatives of the quilt design in my copyright protected pattern (which I also sell on Etsy). Would it be okay for someone else to sell their versions of my quilt created from my quilt pattern (which they purchased) on Etsy, too? Hmmm……..
Definitely so much to consider when you want to make and sell items from some else’s copyright protected pattern or book. And so confusing because there aren’t always clear concise answers. If this really is what you want to do, you may need to contact a lawyer for more specific information.
Here is my best answer to the question ” Can I use someone else’s pattern to make quilts (or other handmade items) to sell?”
1. The very first thing you should look at on any pattern is the copyright.
If there isn’t copyright information, assume that it is still protected, although there are several different factors that go into how long copyright lasts. If the pattern or book is really really old, it might be in the public domain. To confirm this, you would have to do some research.
If there is a copyright notice, check the date. If the date is super old, the pattern or book might be in the public domain. Again, you would have to do some research.
Look at the copyright holder. This would be important if you need to contact them to ask for permission.
Is there a copyright statement such as “All rights reserved” or “For personal use only” or something else more specific? Use this as a guideline for using the pattern or book. If you are not sure or it doesn’t have a statement, you should contact the copyright holder or consult a lawyer for help.
2. If you are not the copyright holder, ask permission.
An author or designer might just be so thrilled that you took the time to ask (because many do not), they might just grant you permission.
Be aware you might get different answers from different designers/authors/copyright holders because everyone has their own take on copyright, which is probably influenced by their own experiences. And that’s okay because there just isn’t one simple answer.
If one designer says “sure, make as many as you want and sell them as long as you include the name of the pattern and my name as the designer on your quilt label and in any tags, labels, descriptions, listings, etc.”, that’s great. But don’t assume that all designers will grant you the same courtesy. Of course, a different designer could say “no, you cannot make items from my pattern to sell and make a profit.” Another designer might tell you: “You can make no more than 5 to sell and after that you must purchase a license.”
Ask for permission every time.
Please don’t get upset with a designer if they do tell you no. Please don’t badmouth them online. They might have a very good reason (or more than one) for saying no. Respect their decision as the copyright holder and find a different pattern by a different designer that will work for you.
To protect yourself, get permission in writing.
3. If you want to sell items made from someone else’s pattern or book, then find a pattern or book that does give you permission. Some designers and authors grant you permission to make and sell items made from their patterns (or books) in their copyright statement or you might have to contact a copyright holder directly to ask permission.
Author Virginia Lindsay created 2 such books – Sewing to Sell and More Sewing to Sell. In Virginia’s books, she shows you how to start a craft business and she gives you permission to use the patterns in her books to make and sell items: “The designs in this book may be used to make items for personal use or for sale without limitations.”
I bet there are other designers and authors out there who allow you to make and sell items from their patterns and books – you just have to do your homework to find them.
Make sure you understand and follow what the designer/author/copyright holder grants you. Maybe you are permitted to make up to 5 items to sell from a pattern. If that’s what the designer says, respect them and only make 5. If you want to make more than 5, ask permission and be aware that you might need to purchase a license.
4. Ultimately, the best way to protect yourself if you want to make quilts and sell them is to use quilt blocks and patterns in the public domain. Basic shapes like squares and triangles are in the public domain. Classic patterns like Log Cabin, LeMoyne Star, Nine Patch, Sunbonnet Sue and probably thousands of others are all in the public domain. You could even explore books about quilting in the public domain. Go ahead and mix and match the blocks, use a straight set or a diagonal set, change the size, use whatever fabrics you want. If it’s in the public domain, you can use it pretty much however you want, short of calling yourself the author. The only caveat here would be items with trademarks have different rules (you can check out the book Just Wanna Trademark for Makers: A Creative’s Legal Guide to Getting & Using Your Trademark for more information).
If you create your own quilt designs to make and sell, they might just be copyrightable. And who knows? You might decide to write your own copyright protected patterns or books down the road. Good for you.
By no means am I an expert, but I hope this blog post gave you some more things to think about when it comes to copyright and quilting, even if there aren’t always perfect answers for our questions. Remember, you can always consult a lawyer to help you understand.
Thanks for taking the time to read this post the whole way through. I look forward to your comments and discussions in the comments.
For more information:
www.copyright.gov
Copyright and the Quilter (featuring Elizabeth Townsend Gard)
How Copyright Affects the Quilter
Quilting and Copyright Rules
Copyright for Quilters — A Commonsense Approach
Royalty Free vs. Public Domain Quilt Patterns
Quilting & Knitting and Copyright Law
Copyrights and Quilting
Help with Design Rights
That’s it for me. Until next week –
Sew. Laugh. Think. Repeat.
Always,
Tricia @VRD
Villa Rosa Quilts 