tag:blogger.com,1999:blog-7302142022228564326.post2732496977981846534..comments2023-07-25T11:48:39.285-04:00Comments on The Free Motion Quilting Project: Copyright TerrorismLeahhttp://www.blogger.com/profile/03674869334249298532noreply@blogger.comBlogger219125tag:blogger.com,1999:blog-7302142022228564326.post-7089805985544539772016-04-20T23:21:19.509-04:002016-04-20T23:21:19.509-04:00Two words. Cheryl Fall. Princess of cultural appro...Two words. Cheryl Fall. Princess of cultural appropriation and personal back slapping. Did y'all know she invented Sashiko embroidery? She also owns French proverbs. I wish I were her.creolalahttps://www.blogger.com/profile/04799956447230831083noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-69707751270406948582015-07-29T22:24:55.887-04:002015-07-29T22:24:55.887-04:00I loved this video!
I loved this video!<br />Anonymoushttps://www.blogger.com/profile/14254945554742751222noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-987196056688872782015-03-27T12:57:36.613-04:002015-03-27T12:57:36.613-04:00Amen! Amen! Auntiepatchhttps://www.blogger.com/profile/13220915066135900063noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-9808265662226922672014-11-15T08:15:13.467-05:002014-11-15T08:15:13.467-05:00Diana - In the intervening time since I've res...Diana - In the intervening time since I've responded to this thread I have seen my designs published several times (not all of them at once) in other quilter's books. I have also been approached on numerous occasions for permission to put designs in books and patterns and every time I give consent immediately. I LOVE these designs to be shared and used. That is the whole point. <br /><br />How does this hurt me? How can it possibly damage my business or reputation? In fact, the more books published on free motion quilting, the better! The more people know the name of this cool craft, the more they will search for more information, and eventually they will find my blog and all of these designs I've shared.<br /><br />Yes, copyright protection can protect, but the fear of it, fear of stepping on toes or crossing a line can also stifle creativity and stop someone from acting for the simple fear of "What if I get sued? What if I make her mad?" <br /><br />Leahhttps://www.blogger.com/profile/03674869334249298532noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-36741462763572783442014-11-15T01:14:56.564-05:002014-11-15T01:14:56.564-05:00Sorry, but I would buy the cheaper book by xyz unk...Sorry, but I would buy the cheaper book by xyz unknown quilter. In your example, it would be all the same designs, and since it's the designs I'm interested in, why would I pay more for the exact same product. I wouldn't even feel guilty because you've announced that you're perfectly fine with someone taking your work and selling it. Let this happen a few times, and xyz will make a big name/brand for herself (ostensibly off your hard work that you freely gave away), you'll have lost revenue, and will become the unknown quilter. Can we assume that the publications on your website are not copyrighted since you feel so strongly about the topic? I'm astounded that you would be fine creating all these designs, naming them, and developing instruction around them, then letting unknown xyz quilter lift them, claim them as her own, sell them on Amazon and reap all the profit from them. Earlier responder Leah was spot on for anyone making a living from their creative work. If it's just a hobby, don't sweat it. In either case, creatives need to be fully informed on the copyright act before getting so worked up about it. Some of their worries might be alleviated, and they might even be pleased with the protections afforded.Diana LibStudenthttps://www.blogger.com/profile/17247369427720754080noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-10712025623118301852014-11-04T08:49:23.108-05:002014-11-04T08:49:23.108-05:00Leah--Frances at http://theoffkilterquilt.wordpre...Leah--Frances at http://theoffkilterquilt.wordpress.com/ mentioned this post on her podcast. Thank you for such a well written piece on this subject. I could not agree more. I do not want to buy from folks with the attitude of those you and Frances mention. Additionally, I think you are an incredible example of the blessings you received by providing FREE content and giving permission to use the information you provide.<br /><br />Thank you, again<br /><br />LisaLisahttps://www.blogger.com/profile/05187707886478667966noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-89184326339821569692013-12-16T01:42:42.730-05:002013-12-16T01:42:42.730-05:00Hi Leah!
I think the issue you mentioned regarding...Hi Leah!<br />I think the issue you mentioned regarding Emily is very well within the realm of copyright, as a book was published without all the proper people's permission. That being said, suing someone over a minor little thing is a foolish way to conduct business. I bet those parties spent more on attorney's fees than on the book royalties. <br /><br />Also, I want to add that in general, patterns can be copyrighted, but the writer of the pattern has no right to control the use of the product. Unfortunately, many online blogs who do offer free patterns have no legal standing to put limitations on how the product is ultimately used. However, they do give them for free. What makes me angry however is when certain companies put these unenforceable limitations on their pattern that are actually purchased. I encourage quilters to boycott certain designers who add these "only for personal use" limitations because they are simply a legal lie. They are lying to you. That clause unenforceable. Unless you actively sign an agreement that you agree to their terms thereby creating a license or contract, you have every right to sell the end product. Mere purchase is not an agreement and it is not a contract. Therefore, Federal Copyright law applies and Federal Copyright Law says you have every right to sell the end product. Emilyhttps://www.blogger.com/profile/04239697229800981927noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-217259703024562502013-06-13T13:59:09.747-04:002013-06-13T13:59:09.747-04:00I actually don't quilt, although I have friend...I actually don't quilt, although I have friends and family that do. However, I knit, crochet, and make jewelry. <br /><br />I've seen lots of patterns worth a "non-commercial use only" clause on them. On the one hand I think I understand where they're coming from, but on the other hand I've seen perfectly rectangular scarves with a simple, traditional stitch pattern get similar notices, plus seen the designer bully people for "copying" it. <br /><br />But bullying people over materials? That is astonishing. I can't think of a single non-toxic substance where that would be allowed -- and the toxic substances are for health and safety reasons, not copyright. <br /><br />I don't understand how that would ever hold up in court. <br /><br />But I've been surprised before. Katherine Hajerhttps://www.blogger.com/profile/08270232675026751342noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-61636713535546902142013-06-05T23:38:45.162-04:002013-06-05T23:38:45.162-04:00Amen, Leah! I have long pondered the whole copy r...Amen, Leah! I have long pondered the whole copy right bit when dealing with fabric. I always give credit if I use someones tutorial to make something so readers can go to his or her blog and get the tutorial and any other ideas they may want from visiting the site. That is good sharing, I think. As for my quilt labels (on gift or personal use quilts), sorry but they don't include details on the pattern, fabrics or tools used. Just a made by ___ ,for ___, why and when and sometimes where. If I paid for the fabric, tools, and pattern my duty to those people is done. This whole thing is out of hand. I've been quilting for 36 years and that art was SHARED with me for free from the hands of many. And low and behold a few ideas came from my own mind and those were shared with many as well. Art is for sharing. <br />I so appreciate you willing and giving spirit and your brilliant, well spoken, mind. You are a beautiful example of a lovely way to live.Hands Sew Fullhttps://www.blogger.com/profile/15585022067713989253noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-31752596873068995982013-06-04T21:36:45.564-04:002013-06-04T21:36:45.564-04:00I am very late coming to this forum, but I have to...I am very late coming to this forum, but I have to say I love you even more for speaking up. This is also why I am using many more solids. <br />I bought a piece of fabric that was on clearance at an off price fabric store to make a baby quilt for a friend. I expected to use the scraps in one of the quilts I make to sell. OOOPS! there on the selvedge was "for personal use only." This is a rare instance in which the scraps went in the trash. I watch very closely for that now. Gene Blackhttps://www.blogger.com/profile/15731141629634998152noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-967918615592043642013-06-04T18:12:41.690-04:002013-06-04T18:12:41.690-04:00Hi Leah. I liked your post. For you and others w...Hi Leah. I liked your post. For you and others who are interested in making patterns and other content available to the public for free, check out the Creative Commons licenses, which fall under federal copyright law but are much less restrictive.<br /><br />www.creativecommons.org<br /><br />Also, should it come to this, you can "protect" quilting designs such as the spiral, which I don't think could ever pass muster in court as copyright-protected by "publishing" them (i.e. just posting on your website is enough) into the public domain. Info about that is on the Creative Commons website, as well. <br /><br />I will add that I am constantly annoyed by quilters and knitters who publish patterns and include the statement that products made from the patterns cannot be sold. Copyright law, unless it has changed in the past year, clearly states that only the pattern is protected, not what is made from the pattern.<br /><br />Natalienattiebughttps://www.blogger.com/profile/04134101373876732328noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-69069652750643734742013-06-04T17:03:27.576-04:002013-06-04T17:03:27.576-04:00Hi Leah, I enjoy your blogs & tutorials. I wo...Hi Leah, I enjoy your blogs & tutorials. I would ask that you reconsider the use of Nazi. Nazis are and were bad to an entirely different level that this. A current term for companies &/or lawyers who snap up trivial copyrights then make money by suing companies for infringement are copyright trolls. Maybe you'd like to use quilt copyright police or something. I just don't think anybody in the quilt world has reached a point of evil to justify Nazi. Please just think about it. I do think it is wrong to copy a quilt and pass it off as your own. There should also be room for "great minds". I saw the spitting image of a quilt I'd made but in a different color at a national show once. I didn't copy hers and she didn't copy mine because I'd never shown my quilt and I'd never seen her quilt. The similarities were incredible. Mine was green & hers was red. Thanks & all the best.Anonymoushttps://www.blogger.com/profile/06343720937569321042noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-76327931869103122832013-02-11T20:56:04.122-05:002013-02-11T20:56:04.122-05:00Hi Leah, I was just looking through your blog arc...Hi Leah, I was just looking through your blog archive for the Heart and Feather posts, and I stumbled onto this one again. <br /><br />It's still quite relevant, and frankly, if you brought up the issue on an annual basis, you'd be doing a great service for the quilt community.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-1340461492308550612012-08-01T23:59:58.791-04:002012-08-01T23:59:58.791-04:00Leah, There's a lot of good common sense in yo...Leah, There's a lot of good common sense in your comments on copyrighted design! This reminds me of similar problem that I was made aware of because I am also an avid gardener.<br />A few years ago I realized the big box stores were only selling brand name plants. I thought it was odd that suddenly my marigold plants were twice as much even though they looked the same, but sported a snazzy label! Then I was told I could not buy a plant (with a label & name (such as "Petunia Pete's Tropical Twister"), take it home and try to root the stem which broke off on the ride home, because that would violate the growers rights. I am not selling or claiming this newly rooted stem is MY designer plant. I did some research and the growers were adamantly claiming their rights over my broken stem. I doubt this has passed the smell test in an actual court, but just the same, I now buy most of my plants at a local farm.Valhttps://www.blogger.com/profile/05363814786173321511noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-28951987601383230662012-07-19T12:59:39.657-04:002012-07-19T12:59:39.657-04:00I am really late to this discussion too, but as a ...I am really late to this discussion too, but as a novice quilter with no other quilters in my family I constantly find myself learning by looking at other people's work. I am a software engineer and we constantly look at other developers code to draw inspiration for a better way to design our own software. I don't know if I made a good analogy here but this brings to mind the classic case of Andy Warhol and his work, especially the Campbell Soup cans. After all some other designer did design the art on the can. http://en.wikipedia.org/wiki/Andy_Warhol<br />I am not up to date on the specifics but if he did get sued what was the outcome. This situation seems similar.Rachelhttps://www.blogger.com/profile/02483677375589857938noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-22886787940939297612012-07-19T10:29:49.082-04:002012-07-19T10:29:49.082-04:00Rachel - Obviously you're welcome to quote fro...Rachel - Obviously you're welcome to quote from this article! Have fun and shoot us a link when your post is live.<br /><br />Cheers,<br /><br />Leah DayLeahhttps://www.blogger.com/profile/03674869334249298532noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-43134893582622380362012-07-19T09:58:29.351-04:002012-07-19T09:58:29.351-04:00Leah, I enjoyed your thought-provoking post and ha...Leah, I enjoyed your thought-provoking post and have given it much thought. I'd like to quote from it today as well as link to it several times in my post. Please let me know if you have any concerns with that, but I'm guessing you won't given your statements here!Rachel at Stitched in Colorhttps://www.blogger.com/profile/08187626491695441387noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-88239102618747200812012-06-14T08:43:21.956-04:002012-06-14T08:43:21.956-04:00Personally, I'm not sure where Kate got off su...Personally, I'm not sure where Kate got off suing at all - Moda is the one that gave a ton of fabric away free for the book and didn't bother with an agreement with Kate OR the author OR the publishing company. Personally, I have pretty much switched to solids, hand dyed fabrics and some batiks for my work. And honestly, I won't purchase any Kate fabrics. I don't cave to bullies - and her going after the author was so very wrong.Stephanie Forsythhttps://www.blogger.com/profile/10301211809927995644noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-3777523871851567492012-05-21T13:15:49.177-04:002012-05-21T13:15:49.177-04:00I love this post and you totally nailed my feeling...I love this post and you totally nailed my feelings about today's quilters/designers wanting to slap their copyright on an art product that is nothing if not derivative of someone else's work. I think it is the free sharing of ideas on blogs and the web that has drawn thousands of new quilters into the quilt world and inspired thousands of others to do more. All of these people buy more fabric, more patterns, more books - you get the picture. Ms. Spain's actions not only alienate me from her designs (why take the risk with her) but Moda as long as she continues to design for them. I've met many "famous" quilt/fabric designers and so many are incredibly generous with their instruction/advice/design that I am loyal to them forever. They embody the great results one reaps when they "pay it forward."Tarynhttps://www.blogger.com/profile/03455236914872943577noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-34147494476957733692012-05-06T22:29:50.970-04:002012-05-06T22:29:50.970-04:00On a side note. Many post copyright demands on pro...On a side note. Many post copyright demands on products that they cannot legally enforce. It is kind of like when you see signs at a store or shop that say you assume some type of risk or waive any liability to the shop owner or whatever demand they decide to stick on a sign and display it. Just because they demand it, does not make it legally binding. Many simply ask for the moon and hope the people they are asking are not smart enough to dispute it. When in fact, it isnt even legal to ask it. I hope that makes sense. lol <br /><br />After watching the video, I must say I really do not understand how a pattern can be copyrighted. If you cannot copyright clothing, which is also made using a pattern, how in the world can you copyright a quilt? Both are sewn and constructed using instruction, but lets face it, very subjective. If you post a pattern online and then ask for folks to post a pick of the quilt they made using it, look at them, they are all different and some VERY. We all bring out own spin and style to it. I just do not understand how that can fall under the copyright protection of the pattern designer. Not unless someone followed it to the letter and sold several of them. <br /><br />I hope these designers that are putting all these legal restrictions on their stuff get it. Unfortunately it will take the public to make them see it. Only if we, the consumers keeping them in business, stand up to them and refuse to buy anything restricted to small business sales or anything similar. This is the only way they will get the message and stop this insanity.<br /><br />Thank you for posting such a well thought out post. I appreciate all the work you put into this blog and all your tutorials. I learned to quilt watching them. Thank you again!Anonymoushttps://www.blogger.com/profile/02158936140726010538noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-12396531722177195182012-05-06T22:29:29.117-04:002012-05-06T22:29:29.117-04:00I am late to the discussion but have spent a good ...I am late to the discussion but have spent a good while reading all the posts in response as well as a couple of blogs (one really slamming you good to the point of accusing you of tax fraud!). So you really hit a nerve and I would say on both sides of the issue. <br /><br />I completely agree with you. I think the copyright thing has gotten so far out of control it is ridiculous. As well as so many people claiming "original designer" on things that are definitely NOT original. I read one blog that was selling cupcake potholder patterns and wrote the entire blog post complaining about someone else selling "her design". Seriously? A cupcake potholder? Like NO ONE has designed one before? (I use caps for emphasis too. It is to try and make sure I am not misconstrued.)<br /><br />I can understand a little of Kate Spain's position. However, I also think that there are times you need to consider the repercussion of how you handle things. Once she knew she had to bring the book into it, she should have reconsidered how she handled it. By bringing them in, her point was lost and she alienated many that will not buy her product again. Fabric designers need pattern designers to get their fabric's sold. Just as music bands need radio stations playing their music. Without that medium, their art is not brought to the masses. When we quilters (especially us newbies) see another quilt designed using a fabric, this does inspire us to purchase that fabric and make our own. If not in that design in another simply because we like how it all came together. Many newbies cannot put it all together and see how the different fabrics in a line come together till we see it done by another. Her actions will make other pattern designers reconsider using her fabric simply because they don't want the problems that may arise from it. I know I wouldn't want to use it. I would prefer using another one that didn't carry so much risk. <br /><br />She has obviously seen the backlash from her suit, hence the olive branch to the quilt pattern designer, though I imagine it will do little good. <br /><br />I understand the need to make a living. However, with any business you need to weigh the risk of legal action to the loss you will take doing so. She made a huge mistake and listened to the wrong people I think. Just because you CAN sue a person, doesn't always mean you should.Anonymoushttps://www.blogger.com/profile/02158936140726010538noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-31204228035706058782012-04-27T21:02:16.894-04:002012-04-27T21:02:16.894-04:00I'm late to the party and haven't read all...I'm late to the party and haven't read all the comments, but RIGHT ON LEAH! <br />What really gets my goat is the copyright nazis who abuse and misuse copyright law to terrorize everyone else. <br />Like the pattern writer who says "purchase of this pattern entitles use to make one copy" and the design is in the public domain. Copyright on a pattern does not include the right to limit the use of the pattern.<br />I believe the same is true of those labels on the selvage. I just today noticed some panels I bought at a quilt show have a notice on the selvage (which was not visible to the buyer because of the packaging) says "sold for non-commercial home use only." How can the holder of copyright on the IMAGE limit use of the FABRIC by the end buyer? I will research this and post more on my blog but I don't think they can.<br />Meanwhile, what all of us quilters can do is not buy any fabric with claimed restrictions. They will go away if no one buys them.<br />For me, the only way I can be sure I don't buy any is to not buy any new fabric (my stash can support me for years to come anyway).<br />And we need a Free Quilting movement.<br />[I'm trying again, I got an error message the first time. Sorry if it turns up twice.]Abbyhttps://www.blogger.com/profile/10478271295360172047noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-58233643741178712042012-04-25T11:39:43.442-04:002012-04-25T11:39:43.442-04:00Ya all have to quit being so nervous about your qu...Ya all have to quit being so nervous about your quilts and showing them! For every quilt that is shown, there is a .00000001chance of having some idiot say "I designed that!" And if this causes us to quit making and showing our quilts....what a travesty. IF you can find a block from 1912 or something to prove that it's NOT their design, there ya have it, grounds for a counter suit! DON'T let the copyright thing stop you from making and giving your quilts to your kids and grandkids or even selling them to a friend or neighbor. Tweek the pattern enough to 'make it your own'. Even the folks who claim the designs as their own creations got their inspiration from somewhere. "There is nothing new under the sun."<br /><br />QUILT ON, QUILTERS!!!!victoriahttps://www.blogger.com/profile/06014996933300897525noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-31145796622003893362012-04-24T17:46:31.931-04:002012-04-24T17:46:31.931-04:00Thank you for this. I really love modern quilts, ...Thank you for this. I really love modern quilts, but now I feel like I can only look at historical quilts for inspiration and to learn about quilt designs. How far removed does my quilt have to be from another quilt before it counts as an original design? I hate that I'm so nervous to show the things I make.Christinehttps://www.blogger.com/profile/17871907261860609157noreply@blogger.comtag:blogger.com,1999:blog-7302142022228564326.post-6157123325646373062012-04-18T22:37:19.225-04:002012-04-18T22:37:19.225-04:00Thank you for expressing what so many of us are fe...Thank you for expressing what so many of us are feeling. "Copyright Terrorism" is yet another sad reflection of the greed and selfishness we are seeing way too much of today. <br /><br />One commenter asked simply where does it all end? What happens if I change my mind about selling my work? Just focusing on the fabric portion of this issue I add the following: My stash is 90% fat quarters and fat eighths, obtained throughout the U.S. and Canada. What is the likelihood that each piece has fabric identification information? I rarely buy "yardage" and, yes, I have used an 8-inch square as a focal point in a quilt. Who designed the fabric? I have no idea. What's more I have no idea where that particular fat quarter was purchased, so I can't go back to ask. And what about older purchases? Will "copyright terrorism" force manufacturers to print design information on both selvages and print it close enough together to be fully disclosed regardless of fabric cut? Will retailers start handing out fabric design and manufacturer information with each scrap we purchase from the "quilter's candy" box? <br /><br />What if I give my work, but my receipant sells it? Indeed where does the end?<br /><br />I will continue giving as much credit as I can to those who inspired me, as best as I can, whether it be a fabric designer, quilt designer, cathedral floor tiler, or mother nature. <br /><br />For now I won't be selling my work, but I do show it. At our last guild show, I displayed placemats made from coffee bags. Guess I was lucky I didn't get sued by the coffee company for using their bags in my placemat design.<br /><br />Perhaps instead of making us all crazy and the lawyers richer, we should be urging Congress to add quilting to "public domain." Ahh, what a can of worms that could be. . .Dothttps://www.blogger.com/profile/02821862275471915695noreply@blogger.com