To: Multiple recipients of list <cornell.edu!quilt>
Subject: Copyright replies
Date: Tue, 30 Mar 1993 18:17:16 -0500
Dear Quilters,
Several people on the network (Marina Salume, Joan Skuglund, Anne Louise
Gockel, and Anne Rock) gave me very helpful replies to my query on copyrights.
For those new to the net since I last posted my question, it has to do with my
copying, not exactly since the fabric and color scheme will be different, and
exhibiting one of the works (Gradations by Regula Nussbaumer) on Joen Wolfrom's book, "The Magical Effects of Color."
Joan Skuglund happened to be attending a lecture by Joen Wolfrom and asked her
my question. Here's what Joan wrote,
"Joen Wolfrom says there is no problem whatsoever with your displaying the quilt you made. She says that the rail fence is a traditional pattern available to
anyone - but that it would be incorrect of you to exactly copy that particular
pattern to sell, or make identical quilts from it to sell. She went on to say
that it would be very thoughtful of you to add to your card on your quilt
'inspired by the work of Regula Nussbaumer.'"
>From Marina Salume:
"A copyright is to prevent other people from profiting by her design. So the
key question is, do you stand to make a profit by exhibiting this quilt? If
you sell your quilt, you may owe her a cut of the profit. You definitely
can't make a whole bunch of copies of her design and sell them without her
permission. And you can't enter your quilt in a contest as an 'original
design.' Hoever, as long as you make the quilt for your own personal use and
display it 'not for sale,' I can't imagine you're violating anyone's
copyright. Most shows will allow you to give her credit (on the little
printed card they usually place next to the quilt.) That way if anyone wants
to obtain the pattern, they can get it from her. Then you are giving her free
publicity, something I'm sure she won't mind!"
>From Anne Rock:
"If you exhibit, maybe part of your statement would be 'inspiration from....'
The Graphic Arts Guide Handbook Pricing & Ethical Guidelins (6th ed., 7th is
latest). ISBN 0932102-06-9, Distributed by Robert Silver Assoc. 6th ed is
$19.95.....has a section on copyrights. One paragraph says that 'when a work
is published in a magazine, anthology or other collective work, the copyright
notice in the magazine will protect the work from going into the public
domain. It is better, however, for artists to have their own copyright notice
appear with the contribution when it is published. This helps avoid certain
risks of infringement and makes artists eligible for a group registration of
published contributions.'
"...The Handbook says 'the test of infringment is whether an ordinary person
would say that one work is copied from another; the copying need not be
exact....Infringment requires the copying of a substantial portion of a work,
so a mere similarity of style or concept will not be an infringement. THe
Guide is currently developing a form to prevent "knock-offs" in the textile
design field.'
"...For more info on copyrights: send for a free copy of the Copyright
Information Kit (Copyright Office, Library of Congress, Washington, D.C.
20559) (free when the book was published). Free copies of copyright
registration form from "Copyright Hotline, (202) 287-9100."
"...The Handbook says the "Legal Guide for the Visual Artist' by Tad Crawford,
Madison Square Press, 10 East 23rd Street, NY, NY 10010, is an excellent
source of copyright information. One of the book's sections is on Needlearts,
which specifically includes quilts."
"...I looked through issues of Ink & Gall, A Marbling Journal (marblers have
lots of problems with their work being used without permission.) In the
Winter 88/89 issue Iris Nevins, a well-known professional fabric and paper
marbler, wrote an article on 'Copyright Laws and Marblers.' Some of her work
was reproduced without permission and she contacted the copyright office (the
papers were stamped on the back.)"
'A big question I had was concerning the patterns. These patterns
have been around for centuries. They must be in the public domain. Mr. Levy (copyright office attorney) told me that the IDEA itself was non-
copyrightable, though your interpretation of it is.'
'...as long as these (almost identical sheets of paper) were
independently created, we can each get a copyright.'
'...as color is not copyrightable.'
>From Anne Louse Gockel:
" I am appending two posting that are references to books that have been
posted over the years. (Note: Since it's lengthy, I'll just give the source.
KR. Pseudo-archive from alg@cs.cornell.edu; see the FAQ for rec.crafts.textilesFile: seing/copyright.for.artists)
"...The person who told you that you could copy something for use in your own
house (or something like that) was giving your *practical* advice, but it is
not legally correct. Copying for your own use is not legally allowed, however
it is very doubtful that someone would pursue a copyright claim (and take you
to court) for that sort of thing. It would be very difficult for them to make
a case that your copy caused them financial damages and I think that is the
basis of a copyright suit (I may be wrong.)
"...'copying' vs. 'being inspired by' can be tricky. I believe that if
something is in a completely different medium (needlework vs. pen and ink
drawing) then it would usually be 'inspired by'. Your example of using
Wolfram's pattern but your own, similar, colors is probably a copy, but it's a
bit hard to say for sure."
"...I am NOT an expert in copyright AT ALL. I've read about it in a few net
postings, but I have not even read any books on the issue."
"...Note also that the US adopted the Berne Convention for copyright only
around 1989 or so. Make sure any book that you read differentiates between
pre 1989(?) or so...Tad Crawford has written books on this.
