Free Spirit Quilt Guild
Reference Article # 3:

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By-Laws
(adopted 3/05)

Public Domain and Copyrighted Quilt Blocks
 - 2 questions and answers -

1)   Question asked by Dolores Joshua
How do I find out if an item is in the public domain?  I am interested in quilt patterns and I am confused about how to locate patterns in the public domain.  Is there a resource for this?

 Answer from the Copyright Office, Washington, D C
Generally speaking, a work first published prior to 1923 would be the public domain. You would need to research these works to determine when they were first published. You can try searching the Internet for listings of public domain works or for books with images of quilting designs older than 1923 that would establish when the work was first published. The Copyright Office does not maintain lists of works that have fallen into the public domain.  

When a work is in the public domain, there are no restrictions as to its use, and anyone can utilize it as they wish - with no restrictions as to copying, preparing derivative works or distributing copies and without regard for the other exclusive rights of the former copyright owner as enumerated in Section 106 of the copyright law.

Any changes made to a public domain work  might be subject to copyright protection if the new work contains enough copyrightable subject matter to sustain a claim. In no way, however, should that new registration be construed as bringing the original work "out" of public domain; copyright protection would extend only to the changes made, and not to the original work.

**********************************
Copyright Office
Library of Congress
101 Independence Ave SE  
Washington DC 20559
(202) 707-3000
www.copyright.gov <http://www.copyright.gov>

 

2) Question about computer generated quilt blocks and copyright:
 When designing quilts using the block patterns in EQ5, am I infringing on a copyright if I then sell my pattern or quilt? 
Are the blocks in EQ5 in the public domain?

Answer from The Electric Quilt Company,
(a company which designs and sell software for making quilt blocks on the computer. )

The Electric Quilt Company does not claim copyright for any quilt block patterns. What we do hold copyright to is the software itself, which means you should not lend or copy the software.

Any blocks that we design for our programs are copyright free. Any blocks
that someone else designs are not copyright free.

EQ5:
We ask you not to use the dozen or so blocks designed by two individuals: Debbie Sichel and Rita Denenberg. These are clearly marked.
 Other than that request, you are free to use any other blocks in EQ4 or
EQ5 - copyright free. You do not need to mention that the pattern was
made in EQ5 (we love it if you do, of course).

Town & Country:
    The blocks in Town & Country are for your own personal use. Since Cori
     and Myra designed the blocks, they hold copyright to them. They should
     not be used for products you sell or show as your own.

Sew Precise:
     Sew Precise 1 & 2 is also copyright free except for the file "From our
     Friends" designed by EQ users.
     Sew Precise 3 blocks are copyrighted by Shirley Liby.
     Sew Precise 4 blocks are copyrighted by Donna McDade.

Dear Jane:
     Dear Jane blocks are copyrighted by Brenda Papadakis.

 Stitched with Love:
     Stitched with Love blocks are copyrighted by Robyn Pandolph.

 BlockBase:
     BlockBase blocks are a mixed bag, and anyone wanting to use them
     needs to check with the block source (listed in the program) for
     copyright.

Best Wishes,
Lu @ EQ
 customerservice@electricquilt.com
 www.electricquilt.com