Free Spirit Quilt Guild
Reference Article # 1:  “©”  Copyrights  and  Copy  Wrongs
 By Cheryl Weiderspahn,  Pattern Designer, Homestead Specialties Pattern Co.  

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 designs. I got over 20,000
results when I did a Google search for the topic “public domain quilt patterns!”

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 I 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 with Martha Stewart?  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 the items?   No, not without the designer’s expressed permission.

This is also why quilt shop owners must buy the patterns from the designer (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, 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: 202-479-070
    To request a publication: 202-707-9100     www.copyright.gov/

Permission is granted by the author to reproduce this article in its entirety.