Kathleen Bissett
Copyright had never been an issue that I thought much about or really fully understood. But I understand both plagiarism and theft, which is really what copyright infringement, is all about.
Since sharing has always been an important aspect of quiltmaking, it is understandable that the issue of copyright is not even considered. What some of us unwittingly do is infringe upon the copyright of those who provide us with the designs we love to make. If we continue doing this we will make it unaffordable for the designers to continue their work. As quilters, we need to understand the issue of copyright. And once we understand it, we need to share that knowledge.
An individual automatically holds copyright on any original work upon its completion. The work does not have to be registered to be covered by copyright law nor does the copyright symbol, ©, need to be displayed. Copyright gives copyright owners the exclusive right to control what copies are made of their works. These exclusive rights include the right to:
We all understand that photocopies are copies. That’s easy. But anything, in any artistic or print media that uses the artist’s design is a copy. This includes quilts based on the original design (even with significant changes they are derivatives), copies of the pattern, photographs, slides, drawings, etc.
Copyright infringement occurs whenever someone uses someone else's design (photograph, painiting, poster, quilt, etc.) or pattern, class outline or a photograph/slide of thier quilt for purposes other than those intended and/or without permission. It occurs when someone makes a copy of a substantial part of a copyrighted work, without the copyright owner's permission. It doesn't matter if these activities are done for free. Copyright infringement does not depend on money changing hands. Infringement is disregarding the copyright owner's exclusive right to control the control the copies made of her/his original work. In Canada copyright protection lasts for 50 years after the death of the copyright owner.
If you purchase a quilt pattern, the “Fair Use” of it is the same as its intended use - to make quilts for yourself or as gifts. What you may not do is to make the item for sale or to photocopy it for your friends, guild, etc. When you have purchased a pattern or book, you are the owner of the physical book or pattern, not of its contents.
As have other instructors, designers and authors, over the years I have found myself dealing with infringement of my designs. Here are some examples:
In 2002 I learned of a German manufacturer producing and distributing a folding template for my Magic Tiles pattern. He had received a fax with a copy of my pattern, which he called “his” Magic Tiles design and referred to the “grout” used in its construction, a non-quilting phrase I had coined for use with the “tiles”. With the help of a German lawyer, the offender was stopped at no cost to me. The point to remember: you may not use someone’s design in order to manufacture an item for distribution or personal gain.
In a virtual gallery website featuring Canadian artists I found a Magic Tiles quilt for sale. Since there was no reference to me or to my pattern, the implication was that the “artist” was the designer. The director of the gallery was most apologetic and quickly removed the images. I forwarded some copyright material to share with the ‘artist’, as I believe she was unaware of the law. The point to remember: to exhibit or sell a quilt from a pattern, permission and acknowledgement are required.
When I’d learned of a shop teaching Magic Tiles with photocopies of the pattern, I called without identifying myself, saying I’d heard they offered classes in Magic Tiles and wanted to know about purchasing just the pattern. I was told that it was no longer being published. After introducing myself, I said that we needed to resolve a copyright infringement matter. We did. The point to remember: a person (or shop or guild, etc.) may not sell, distribute or teach for personal gain or to save others from purchasing a copyrighted pattern.
In a magazine advertisement and website I found my Magic Tiles used as the backdrop for some quilting equipment. I learned that they had no idea they were infringing on my copyright; within an hour there was acknowledgement on the site with reference to my website. The point to remember:display is an aspect of copyright. They needed my permission.
On some guild and individual’s websites, images of quilts from major exhibitions are shared through virtual galleries. The quilters wish to share with their friends and colleagues the wonderful works they have seen. The point to remember:to display these images they need the permission from each artist.
Often at the guild meetings I visit as a guest speaker, there are quilts shown during ‘show and share’ with no reference to the designers. The point to remember: strictly speaking, copyright law does not allow us to display someone else’s design. However, in the case of a guild ‘show and share’ or ‘quilt show’ it would be foolish for the designer of a commercial pattern to object - this is good promotion for her/his pattern. But it is only good promotion if the designer and pattern or book are acknowledged.
Occasionally a quilter takes a class, reads a book or magazine article and creates her/his own class using the handouts of a professional instructor or photocopies from the book or magazine. A colleague of mine once found photocopies of her teaching notes on silk painting for sale at a garage sale. The seller was selling fabric paints and these notes were “her” instructions. The seller was both distributing and profiting from material that belonged to my colleague. The point to remember: only the copyright owner may decide who distributes and profits from her work.
Often photocopies of a pattern from a magazine or other publication are shared among quilting friends or copied for the guild ‘block of the month’. The quilter will say it is fine, because nothing was charged for the copies that were shared. The point to remember:in this case, although the likelihood of being ‘caught’ infringing is slim, it is unethical. Only the copyright owner has the right to “share” in this way.
A quilter has purchased a book or pattern and copies either the templates or a few pages to mark while working on a project. The point to remember: if the intended use of the pattern or book includes the need to make copies, only the purchaser may do this for her/his own personal use. Copies may not be made for others.
It is my hope that this may shed some light on how copyright affects us as quilters. We need to protect our own original designs and respect the rights of other designers. Much more information is available. Below are links to some of the resources used in this article.
Canadian Intellectual Property Office
Copyright for Quilters and Crafters by Sylvia Landman
Copyright Infringement on the Lost Quilts Site
Harris, Lesley Ellen. Canadian Copyright Law. Toronto: McGraw-Hill Ryerson. 2001
Important Copyright Points to Remember
All Rights Reserved. All images and content © 2004 Kathleen Bissett