Copyright Myths and Misconceptions

By Rita Blocksom

Copyright law is considered intellectual property law.  It gives the owner/holder the right to reproduce, prepare derivative works, distribute copies, perform publicly and display publicly their works.  Copyright gives authors/designers the exclusive right to benefit from their original works.  Anyone else has to ask permission and have that permission granted in writing.  If you were to make a copy of a pattern and give it to others, that is considered a violation of the rights of the author/designer.  It’s no different than with a video store rental, you have the right to watch it at home (this is considered private non-commercial use), but you do not have permission to make copies to share with friends.  Copying a quilt pattern for any reason other than your own personal use without permission of the author/designer/publisher is against the law.

Here are some sample misconceptions for your consideration:

“I’m not going to make any money off this, so it’s okay.”  WRONG.  The act of copying is wrong.  The issue isn’t whether you profit or not. 

“Well. I didn’t make a copy of her pattern pages or notes, I just looked at her project and made my own from it.  That’s okay, isn’t it?  NO.  Under copyright law, this would be considered a derivative work.  Only the original creator or copyright holder has the right to do this under the law.

“I publish a newsletter for my quilt group.  It’s okay if I reprint a magazine article in there, isn’t it?”  NO.  You must first seek and obtain written permission before you reprint.  The same applies to patterns.  You can’t copy and then publish a copyrighted work without permission.  It’s that simple.

“I’m just making a copy for my friend.  That won’t hurt anything.  After all, I already own the pattern.”  WRONG.  Only the original creator or copyright holder has the right to make copies for any reason unless you have their permission in writing.

“But, I’m teaching a quilt class, so it’s okay to make enough handouts from a pattern in a magazine for all my students, isn’t it?”  NO, sorry.  Copyright law is very specific in this case.  There is a classroom teaching exemption that is very often misunderstood.  The law allows nonprofit educational institutions to make certain copies for student use, but these are K-12 schools, universities, and colleges.  Guilds, seminars, and conventions may have nonprofit status, but don’t confuse these two groups.  They are not the same.

“What about quilt design software?  Can I share it with my quilt group members?”  NO.  There is an exclusion to the copyright law that allows you as the original purchaser to make an archival copy in case your original disk fails to function, but that is the only instance in which it is appropriate and lawful to make a copy of your disk or CD without express written permission.  You also cannot share the software temporarily by putting it onto everyone’s laptop at quilt meetings.  That is, in effect, making copies, and violates copyright law.

“And what about showing videos to illustrate teaching techniques?”    There is a nonprofit exception to the public performance aspect of copyright law, but it applies only to Non-Dramatic works, and videos do not fall into this category, so NO, you may not do this unless you have prior written permission.  The exception, of course, would be if the video is of your own original technique.  In this case, you would be the holder of the copyright.

“But it’s okay if I set my VCR for ‘Simply Quilts’ and watch it when I get home, isn’t it?”   YES, as long as it is for personal use only, you may do that.  What you may not do is make a copy and take it to your quilt meeting and watch it as part of the program.  That then enters the realm of a public performance and is not allowed without express written permission.  You can have a small group of family or friends over to watch and be within the guidelines, but what you cannot do to circumvent copyright law is to have your entire guild over to your home for the purpose of watching the tape. 

You can videotape the program go watch later on your own home television, and you can even show that to a small group of family or friends.

Here’s what you cannot do without prior written permission: 

• Tape a video to share with your guild library.
• Show it in a public place (quilt meeting or class) or even in a nonpublic place if there is large gathering of people.
• Sell or distribute a tape (either a commercial one or a taped television program, such as “Simply Quilts”) to another.

“Well, I found this pattern on the internet, so it can’t be copyrighted.”  SORRY, that’s simply not true.  Although the works may be freely accessible on the internet, and you may find no statement about copyright, the current copyright laws protect these works.  You should never assume that the content is copyright-free.  Quite the contrary, you should assume that there is copyright protection under the law, unless it is stated otherwise.

“Well, then, if I have to purchase the pattern, I guess I own it and can do whatever I want with it when I’m finished with the project, can’t I?”  You still don’t have any right to copy it, but what you can do is give the pattern itself away.  You can even sell it if you wish, if you were the original purchaser/owner.

“I’ve heard that if I change the design by just 10%, it becomes mine.  Is there anything to this?”  NO.  This is a common misconception and it has no basis in fact.  This action would create a derivative work.  You cannot claim copyright to the work no matter how many alterations you do.

It is NOT original if it is:

• Made from a kit or any variation of a kit, even if you change the fabrics.
• Made from a commercial pattern.
• Made in a workshop taught be as professional teacher.
• Made using instructions from a craft/quilt magazine.
• Copied from a copyrighted design, pattern, or book.
• Copied from a pattern, object, or instructions but utilizing different fabrics, color choices, dimensions or any other changes.

There is something else to point out here…many designs have been in the public domain for decades and anyone can make quilts from these designs. If you create an original quilt based on 9-patch, for example, you can copyright the quilt’s design. The emphasis should be on the word design. You are not copyrighting the 9-patch in this example. You are copyrighting the design and this applies to the elements of use of color, fabric, scale and proportion, your specific measurements and your borders.

For the past few years, Arizona Quilters Guild has been making significant strides in maintaining copyright compliance. Members have been provided with information on how to request written permission to use copyrighted materials from an author, designer or publisher. One of the popular programs of the Arizona Quilters Guild is their Traveling Teacher Program, which provides volunteer teachers who are willing to travel the state to provide educational opportunities at greatly reduced fees to its membership, which currently boasts over 2100 statewide. The Guild’s Copyright Compliance Policy states that written permission is also required to be on file for any materials available from the internet, CDs, DVDs, videotapes or other recordings which may be used as part of lectures, demos or classes taught by its Traveling Teachers. Explicit written permission must be obtained and placed on file from the copyright holder, or evidence must provided that the materials are in the public domain.

One example of Arizona Quilters Guild’s efforts to have written permission on file was during their Annual Quilt Show, in March, 2004. AQG obtained prior written permission from the American Quilter’s Society to display previously purchased videos to show attendees in the media area. First, a phone call was made to the American Quilter’s Society, and then after obtaining verbal permission, a follow-up letter was sent requesting written permission to show the videos. AQG’s request was given consideration and then a stipulation was attached to the permission when it was granted. American Quilter’s Society required that no additional fee be charged, beyond the quilt show entry fee, to attendees who might watch the videos.

It is important to understand that when a request is mailed to the copyright holder, he/she/they have one of three options. They may choose to give permission, they may choose to give permission with stipulations (sometimes called conditions), or they may refuse to grant permission. If there are stipulations, those will be spelled out in detail by the copyright holder. In the case of the Arizona Quilters Guild’s request to the American Quilter’s Society, AQS stipulated that no additional fee be charged for the media area. However, the Guild could have an admission fee for the show itself. This is certainly a reasonable situation, and AQG readily agreed. Permission to show the videos was granted and was provided in writing.

It is also possible that a fourth option may exist. That option would be that the holder of the copyright could choose not to respond. In this case, the requestor, the person seeking permission to copy, must never assume that this means permission is granted. One should always assume that a “no answer” is a “no”.

When writing to request permission, remember to be specific in how you plan to use the materials. Provide specific page numbers when appropriate. It is also appropriate to ask if the addressee is indeed the holder of the copyright, and if not, if the addressee can identify for you the appropriate copyright holder and provide contact information. Providing a “Please Respond By Date” may also be helpful. And lastly, remember to include a self-addressed, stamped envelope, not only as a courtesy, but it may very well speed your request along.

Here are a list of internet sources for information on copyright and what you can expect to learn from them…

www.lostquilts.com

The lostquilts.com site has excellent information specific to quilters and is perhaps the most informative site on the subject. Simply click on the areas of “Copyright Your Quilt” and “Infringing Copyright”. It explains that for your work to be copyrighted, it must be original, and what constitutes originality. It explains copyright issues as they apply to quilt teachers, it further explains public domain and how to tell if the work you are interested in is within the public domain, and has a chart with permission for you to copy this chart into your Chapter newsletter.

www.sylvias-studio.com/copyright

Sylvia Landman is the copyright guru among quilters and you will find her website very informative. She presents the information in a very straightforward way as it applies to quilters. Her website is my personal favorite.

www.embroideryprotection.org

This website is maintained by the Embroidery Software Protection Coalition and offers a full explanation of what is and is not legal to copy when talking about embroidery designs. It provides information on “softlifting” which is theft of software by copying and distributing embroidery or other design software. It is intended to make everyone aware of the do’s and do nots of software distribution.

www.stitches.com

This site is for Stitches Magazine and has 5 articles on copyright that are interesting. You will need to go to the search box and type in the word copyright.

www.copyright.gov

This is the government’s own website and it is filled with information for the consumer on copyright. It gives very specific information and is very informative. It is not, of course, specific to quilters.

www.splintersandthreads.net/copyright

This embroidery design website provides an explanation of what you may do or may not do with the designer’s copyright designs. It is very understandable and easy to access. I highly recommend it for anyone who wants to get a better understanding of what you may or may not do with the designs of others. Copyright laws as they apply to designers are the same for machine embroiderers and quilters, so do not be confused by this.

www.copyright.com

This web address takes you to the Copyright Clearance Center where there is information on basic copyright laws. Here are some sample questions for you to consider. “Is copyright law the same for words, pictures, movies, music and software?” The answer is yes, but there is also an accompanying explanation. Another question to consider, “If I use somebody’s work without permission but give credit to the author or publisher, am I still infringing on copyright?” “Can I use anything that I did not create myself?" Check the website for further information.

Portions of this article previously appeared as a 3part series in the Patchwork Chatter, the news magazine of the Arizona Quilters Guild.

Rita Blocksom is a Past President of the Arizona Quilters Guild, which has a membership of over 2100 quilters across the state of Arizona. She is also a part of the Traveling Teacher Program for the Guild and as such travels across the state of Arizona offering classes on a variety of topics, such as “Teaching Children to Quilt”, “Imagery on Fabrics”, “Organizing Your Quilting Space” and “Copyright 101”. She was instrumental in developing the Traveling Teachers’ Copyright Compliance Policy, which mandates that teachers within the program must adhere to current copyright laws and practices, and seeks to educate others on copyright issues.

Download the copyright permission letter here.