Copyright Terrorism
Oh yes, it’s high time I address this hot topic. Of course, everyone has a different opinion when it comes to intellectual property rights, and you may or may not agree with mine. As always, read if you want or go enjoy all the free designs I’ve shared so far (all of which you are free to use for whatever reason).
Copyright issues seem to be cropping up with increasing frequency in the quilting world and I for one would like to try to stem this flow, or at least open your eyes, to the very real threat looming for our craft.
What is this threat? Where is it coming from?
It is coming from within our own ranks. Quilters with a certain penchant for copyright and legal wrangling are turning our open, creative craft into a mine field of rules, regulations, licensing, attribution, and copyright lockdown that it’s enough to make anyone set down their rotary cutter and sell their sewing machine.
And these particular Copyright Nazis (I really can’t think of a better name for them) are not just vocal, they are flexing their arm powerfully enough to include copyright notices within quilt shows.
Just recently I was contacted by AQS asking if it was okay if a quilter used my designs in a quilt entered into one of their shows.
At first blush, that seems like a good thing. I’m excited to know the designs from this project are being used and seen in shows. Of course you have permission! Run with it!
But then I started thinking – they were referring to a QUILTING DESIGN. A squiggly line drawn in thread by a machine on a quilt, like any one of these:
Is that really even copyright-able? The image, yeah, I can see my photograph of the blocks above holding a copyright, though unlike many bloggers I don’t mind if you use my images so long as you tell people where you found it. Does the actual STITCHING hold a copyright though?
Do you see how ridiculous this is? How the questions and implications start, but they very rarely end. You can set a precedent once by your reaction to a situation and it will just roll from there.
Here’s a simple case in point:
This is a spiral design. I call this Basic Spiral and it was published on Day 5 of the project and published in From Daisy to Paisley.
But is this DESIGN really MINE? Can I claim ownership of this?
First off, I don’t even WANT to claim ownership of these designs. I don’t feel like this is my property simply because I stitched it on a 4 inch square, named it, and published it online and in a book. See my full copyright policy here.
I feel this way because spirals have been around since the dawn of time. A spiral is a spiral is a spiral and stitching it out in a quilt doesn’t make it a special, different design from the spirals drawn on walls or sand thousands of years ago.
But what about the designs that aren’t spirals? What about the designs that I’m sure are 100% new and have never been stitched on a quilt before?
First off, how I can I be sure, 100% sure, that a design has never been stitched on a quilt before? Have I seen every quilt in existence since the dawn of man? No!
I have a human brain, and have seen an ordinary creative person’s usual quantity of inspiring images, places, and things that have led to new designs. I do have a unique talent for creating new designs, but I’m not so conceited to think that I’m the ONLY person who has ever though to create a design like Desert Sand.
My point is: All art is derivative.
But could this stitched design really have copyright to the extent that someone could be afraid to stitch it on a quilt for fear I would come after them for copyright infringement?
As scary as this question is, at the beginning of the Free Motion Quilting Project, way back when it was called 365 Days of Free Motion Quilting Filler Designs, some of the first questions I received were from quilters concerned with copyright.
Mostly the questions came from longarm quilters who need to be able to use designs in quilts for service. Technically this is a commercial activity and most copyright policies get very sticky when business / money gets involved.
These longarm quilters were so gun shy of using the designs from this project that many would ask, then ask again for further clarification that it was REALLY OKAY to use these designs in the quilts they quilted for service.
They were scared. Very scared. And that makes me so sad.
Because if you’re in business to make a living, the very last thing you should be scared of is doing the thing that makes you money!
Why in the world should they have to ask for permission in the first place? It’s a quilting design! It’s the design in thread that’s stitched on the surface of a quilt and I don’t care how exactly you follow my instructions, every quilter will quilt the design slightly differently.
But these quilters had more experience than I did at the time. Early in the project I published a design that looked too similar to another design by another quilter. It didn’t matter that I’d thought of the design while eating sushi, the level of negativity, name calling, and awfulness this generated was so overwhelming I took the design down.
Despite the fact that I seriously doubt these designs can or should be copyrighted, I backed down. So I’ve been on the receiving end of a Copyright Nazi and her cohorts and I know what that feels like. It sucks.
My question is this: is this the world we want to create?
Is this the industry we want to build, where quilters who quilt for a living must live in fear that they will be sued for the designs they use? That a blogger trying to teach and spread the love of free motion quilting can be threatened for using the wrong design? That quilters who quilt for show must credit every designer involved in their quilt, down to the fabric and thread manufacturer?
Because as I said before, once the questions start, the don’t stop.
Recently there’s been a very public example of this with Kate Spain, C&T Publishing, and an author Emily Cier.
I’ve read many posts directly from those involved and have a basic understanding of what happened. Of course, situations like this are so fraught with drama and finger pointing and blatant lies that it’s often hard to know what is true and what isn’t.
The basic story goes like this: Emily Cier wrote a book called Scrap Republic for C&T Publishing. Moda, a fabric manufacturer sent her lots of fabric for free to create the quilts in this book.
Now this doesn’t seem like a big deal at first sight, but Emily was designing quilts that used only a specific line of designer fabric. Out of a line of fabric, you might have 10 – 20 prints that all coordinate together so you can make matchy matchy quilts.
Of course, when you make a quilt out of only one line of fabric, it’s pretty obvious. The fabrics are designed to match, so they do actually match!
Just to see what all the fuss was about, I purchased Scrap Republic this past weekend and flipped through it. I’m not a fabric designer and I don’t even use prints that often, but I instantly recognized several fabric lines popular in 2011.
Yes, the fabrics were large enough and obvious enough that you could easily tell not only the particular print, but the entire fabric line being used. I’m sure someone more into prints could easily recognize all the lines in the book.
I also found while flipping through the book that while Emily Cier was given credit as the creator of the quilt, neither the fabric line, nor the photographer were given credit for their contribution to the book.
And this is a sticky point because I actually like the fabric in two of the quilts and would really like to know who designed it!
Sometimes providing credit (attribution) is a good thing and has nothing to do with copyright. In this case, it’d be nice to know the fabric line so any quilter reading could search for the right fabric and make that exact quilt on page 39.
So that’s enough about the book, which had some clear flaws. It’s one thing if you take a line of fabric and chop it down into 1″ squares and mix it with 100 other prints. It’s quite another thing to leave the fabric in large pieces where the design is very obvious.
Some attribution should have been given, not because of copyright, but because it would have made the book a better resource.
Now the story gets sticky because C&T Publishing randomly flipped through the book and picked a photo of one of the quilts, enlarged the image and printed it on the front of an eco tote bag.
Keep in mind, the fabric used in the quilts were obvious. The pieces they were cut into were large, making it very clear which line of fabric each quilt is created from.
The quilt used for the eco tote just happened to have been created using Kate Spain’s Fandango fabric. Kate saw the bags and decided they violated her copyright of her fabric line.
Kate Spain then initiated a lawsuit against C&T Publishing and Emily Cier and demanded both the eco totes AND the books be destroyed.
Now things get murky because on her blog, Kate Spain denies starting a lawsuit, but it’s obvious on both C&T’s and Emily Cier’s blog that a real, big, scary lawsuit was initiated. C&T Publishing ended up taking the blame and came to some accord with Kate Spain.
I’m thinking a lot of $$$ changed hands because everyone is friends again and Kate wants to design quilts with Emily. Personally after a lawsuit threat I’d tell her to shove her fabric where…you get the idea.
You can find all this information in various forms on Emily Cier’s Blog, C&T’s Blog, and Kate Spain’s blog. Keep in mind that everyone has their own spin on the truth. (Note: Blog posts were removed at some point in time on the last two blogs mentioned above.)
I’m not saying Emily Ceir was the bad guy, or Kate Spain, or C&T. I think they all made mistakes in this situation and no one is the winner. Personally I’m the most cheesed off at Kate Spain simply because if she is this quick to sue and get cash for it, how many other fabric designers will start doing the same thing. Will I one day be sued for the print fabrics I used in Power of Now?
If I have to worry about how I use a raw material (fabric) how is that any different from a lumber company copyrighting a special type of wood or a yarn company copyrighting an exclusive type of yarn? THIS IS RIDICULOUS!
As I said before, this situation only creates questions, questions, and more questions.
Let’s work backwards: the tote bag was printed with a PHOTOGRAPH which was taken by a photographer for the book. Whoever that person was, they aren’t credited in the book.
The QUILT was designed and created by Emily Cier.
The FABRIC used in the quilt was designed by Kate Spain.
Who really own the copyright?
Is the quilt actually Emily’s or should she pay licensing fees to Kate just to sleep under it? And if Kate is really wanting everyone to use her fabric for any reason, why does she print “for personal use only” on the selvage of her fabric? That statement implies a limitation and a rule of what can and can’t be done with it!
(Updated: Fandango did not have this printed on the selvage)
Unfortunately this entire situation sets a precedence. C&T Publishing took the blame and settled, which means the real question of who owns the copyright in this situation will never be battled out in front of a judge who would give us the legal guidance we need to know what is right and wrong in this situation.
Even better would be to get a judge who knows copyright law and understands the public domain nature of utilitarian industries. Personally I think copyright has gotten way out of hand in the quilting world, which is only one step shy of the fashion industry.
And guess what the fashion industry is?
Open, public domain.
I have a favorite jacket that I love wearing in the winter, but it’s getting worn out. I could take that jacket and make an exact copy of it. An EXACT COPY. I could even turn that copy into a pattern and sell it.
I would not be doing anything wrong. I would not be violating any copyright. Clothing is completely open because a long time ago the US government realized it would be ridiculous to try to copyright clothing – a utilitarian commodity.
Imagine if a company could copyright a zipper – we’d all have to pay licensing fees just to use it. Or the collar of a shirt. Or the way your elastic pants fit.
I can feel you nodding your head in agreement. You wouldn’t want to pay $50 extra for your socks just because the manufacturer had to pay an expensive licensing agreement with the copyright holder of sock design.
But how is this any different from a quilt design? We use basic geometric shapes: squares, triangles, circles, hexagons, diamonds that have been around for hundreds of years, yet quilt designers are increasingly demanding that this is THEIR quilt pattern, or THEIR exclusive technique.
To understand this better, take a minute to watch this awesome lecture on the fashion industry. The details, especially the comparison of revenue and net worth of this open industry in comparison to copyright rich industries like the music or film industry is extremely eye opening.
I love this video because it perfectly illustrates all the reasons why copyright can be detrimental to an industry. If you lock everything down, slap rules and limitations on your work, you essentially slam the door on your potential.
And that’s not just your potential to make cash, though money certainly flows more freely into open systems. It’s also the potential to create new designs, come up with new ideas, continuously innovating and expanding into new realms of design.
Current copyright idealist say that without copyright, the creator won’t want to create because they’re constantly being copied and ripped off all the time.
The current mentality is that being ripped off, an example being those eco totes with Emily’s quilt and Kate’s Fabric, is the worst thing in the world because the designer isn’t getting paid for their work. Kate even wrote on her blog that if she didn’t protect her copyright, she wouldn’t be able to make a living.
WTF?! How much did sending your lawyers after C&T an Emily Cier cost?
And this brings us back to the core question – did Kate even have copyright over the image of the quilt in question? Was it not Emily’s quilt because she cut the fabric up and turned it into a quilt? Or wasn’t it the photographers copyright because it was his / her photo?
The idea that an eco tote being sold with a photo of Emily’s/ Kate’s quilt on the surface would suddenly beggar Kate Spain puts me into a rage. It is such utter nonsense.
The fact is, if Kate had simply requested that her name and Fandango line was mentioned somewhere on the tote, she would have had a wonderful advertisement for her fabric being sold all over the world. She would likely have sold even more fabric, and gained loyal customers for future lines too.
The idea that without copyright all designers will be broke and stop designing is simply not true.
The reverse is the truth! How much innovation comes out of the fashion industry each year? They innovate constantly because as soon as a new shirt is released, it’s copied quickly, but the buyers loyal to the brand want the original, real product from the real brand.
So in order to have a business, big designers are always changing the look, cut, and feel of clothing so they remain unique and authentic and their loyal customers keep buying.
They continuously innovate, not in spite of, but BECAUSE they are being copied all the time!
I probably wouldn’t have created all 365 designs if I hadn’t posted them online and seen quilters start to use them. The excitement of seeing these designs in all sorts of quilts just made me feel so excited, I couldn’t wait to make more.
I could never fathom telling you where or how you could use these designs. I can’t even imagine requiring you to give me credit. I certainly appreciate it, but did I actually quilt YOUR quilt? No! YOU DID! I just taught you a cool design, but you were the one with the skill and talent to use it.
I know for a fact, if you lock everything down, all you will focus on is keeping everything locked down. You will spend countless hours NOT quilting, designing, or being creative because you’ll be busy talking to lawyers, reading copyright laws, and studying ways to make your work “safer.”
When in reality all you’re doing is make people feel uncomfortable and scared. I don’t know about you, but I’m extremely uncomfortable about using not just Kate Spain’s fabric, but any designer print thanks to this situation.
Already I knew better than to use any fabric printed with “for personal use only” or “for home use only” on the selvage but now I feel far more constrained in my choices. And constraint of any sort makes me want to punch my fist through a wall. I hate feeling like I can’t use something or do something because someone might wag a finger and threaten to sue me.
Should I only create with hand dyed fabric? What if the dye manufacturer comes out with a special, exclusive, copyrighted color and demands attribution for using their color of purple?
I’m all for sharing great products, and I love telling you all about the tools and materials I’m using. It’s when it becomes a REQUIREMENT to tell you every tool, every material that went into a quilt, that makes me very uncomfortable.
But this is the world that’s being built every day by situations like I described above.
If you want a quilting world where we all work in secret, creating in a void of new ideas and innovations just so your work can be “yours” to slap a copyright on, you can be guaranteed of one thing: failure.
Because no one wants to deal with this. No one wants the headache, the complication, the fear, or the negativity that this kind of attitude will bring. The more you shut down and lock up the quilting world, the fewer people will want to have anything to do with it.
I’ve met a few quilters with this close minded mentality. One in particular came to teach at my local guild. She was unbelievable in her desire to copyright and control every aspect of her quilts, right down to trademarking the name of her “exclusive” technique.
After a conversion about teaching, she emailed me to say that I should never use a term – TWO WORDS – we had both come up with to describe a new way to sell patterns. I deleted her email and will never speak to her again. No one has the right to tell me what words I can and can’t use. I have no time or energy for Copyright Nazi’s or the lies and fear they try to spread.
On the flip side I’ve met wonderful quilters who seem to understand the reality and implications of excessive copyright. If we lock up this industry, we will lose something powerful, something essential, something that brought me to quilting in the first place: freedom.
Freedom to play with fabric. Freedom to experiment with different shapes and layouts. Freedom to play with new techniques and materials. We can lose the freedom to create.
Because if you have to check with 5 different fabric designers and the quilt pattern designer AND the free motion quilting designer in order to make your quilt, how likely are you to do it? Even the idea of asking, even words like “licensing,” are enough to send many people packing. Off to find another hobby the lawyers haven’t ruined yet.
Many quilters understand the growing impact of situations like the recent tote bag fiasco. I for one want to see an end to excessive copyright, particularly on blogs.
If you post something: an idea, a technique, a pretty picture, whatever, man up and give it away for free.
REALLY free. As in copyright free – as in anyone can use whatever you post for ANY reason.
What’s the worst that can happen? Someone might teach your technique or idea. More people will learn it and enjoy it than you could ever reach alone. Is that such a terrible thing?
Spend some time thinking about copyright today and what world you’re helping to create with quilting.
A world where we share ideas, techniques, fabric, and tools as freely as our grandmothers around a quilt frame.
Or it could be a world locked tight by fear, lawsuits, negativity, selfishness, and egotism.
The choice is yours.
I’m off to quilt now and create something beautiful to share with you later this weekend.
Leah Day
UPDATE – 3/31/2012
I’ve never received so many responses to a single post before, and I plan to keep the comments open so everyone has a chance to air their opinion on this matter.
Kate Spain even shared the following comment which clarifies some points, including a mistake I made about about her fabric:
Hi Leah,
Thanks for your thoughtful post and great questions about copyright and the extent to which it is influencing the quilting community. Lots of people think I’m trying to control the ways in which my fabric is used, but that is untrue. As far as making things (quilts or otherwise), please answer these four questions about your fabric use:
– Is it just you sitting at your sewing machine making stuff to give to friends/family or to sell?
– Are you shipping fabric overseas and having any manufacturing done in a factory?
– Are you copying or otherwise reproducing recognizable designs from fabric and printing them onto another material like laminate or plastic and then manufacturing a new product like a tote bag? Or shower curtain?
– is your distribution through mass market channels?
If you answered Yes, No, No, No, then you really have nothing to worry about! Whatever you are doing with my fabric is fine!Also just wanted to clarify that the selvages on my fabric do NOT have a “for personal use only” stipulation. If you spend your hard-earned dollars on it you should be able to use it however you like! I’ve written more on my blog to clarify the resolution of this situation and an FAQ: http://katespaindesigns.blogspot.com/2012/03/moving-forward.html
I completely agree with you that an absence of attribution is a missed opportunity for both promotion as well as resource material.
One last and important thing to know is that I did not make ONE dollar on this, and donated the recalled tote bags to several local charities.
Keep up the great discussion!
With Kindest Regards,
Kate Spain
Sincerest apologies for my mistake about your fabric, but my core issue with this entire situation remains.
If I have to stop and ask myself 4 questions before I cut fabric, I simply won’t cut it.
Because here’s something I know about the quilting / crafting world, Ms Spain – it is very rarely black and white or as simple as a “Yes” or “No” when it comes to question #1.
The question was: Is it just you sitting at your sewing machine making stuff to give to friends/family or to sell?
First off, if I answer “yes” to this question, is that yes to making stuff for family / friends, or is it yes to potentially selling it? Already things are getting confused!
If I plan to sell what I make – what does that mean? Can I make something to sell: a quilt, a handbag, a tote, a belt, a skirt, pants, machine cover, etc, etc, etc or not?
I’ve been making some form of income from sewing since middle school. Back then I would slice up the leg of jeans and insert funky fabrics into the leg to create homemade bell bottoms. These caught on so well, I began making them for other girls in class.
So it’s safe to say that EVERY item I’ve ever sewn since the age of 12 has been for personal AND / OR business use.
I know I’m not an anomaly with this. I’ve posted about business before and been surprised by just how many quilters (around 80% I’d guess) make SOME form of money from this craft. It doesn’t matter whether you make $50 or $50,000 a year with this, money is money, sales are sales.
Which is why this issue is so very important.
We want the freedom to make whatever we want for whatever reason.
I shouldn’t have to ask myself 4 questions! I shouldn’t have to question my right to cut up fabric and use it!
Because the questions never stop.
What if I made a quilt for myself and photographed it. That photograph ended up in my online quilt gallery and one day, years down the road, I decided to make a picture book of all my quilts, which was then sold all over the world and through mass market channels.
Technically that would fall within the big no-no you’ve just outlined, but at the time of cutting the fabric, I would have no idea of the potential of that quilt, made with that fabric, to end up sold in that way.
We never know what the end use of a quilt will be.
We never know how long it will last or who it will be given to, or who will photograph it, or what those photographs will be used for. We just don’t know. It’s impossible to know.
All the questions this raises will just keep getting bigger and bigger, more complex and more technical, and our feelings of frustration, anxiety, and fear will build until all desire to create is obliterated.
It’s far easier not to cut that fabric and not to have to ask those questions.
I’ve edited the above post to reflect my mistake about Kate Spain’s fabric. Her fabric does not have “for personal use” stamped on the selvage.
Thank you,
Leah Day
You know what makes me very sad- I've heard quilters say they do not look at other quilters work -EVER- because they want to make sure their work is original.
I can't imagine restricting myself from enjoying the beauty of someone else's work for fear I would accidentally copy it.
That said- this is the first time I've seen that 'scrap republic' tote- and I can see where Kate Spain thinks she has a case. It does seem a violation, because they took a photo of her fabric, reproducing her design, without her receiving any compensation. If they BOUGHT her fabric and made the bags, then I think it would be different.
Bless you for this post. My husband is in law school and we are constantly discussing copyright/IP. It's a murky puddle, but we're learning more and more about it.
You said it well. Thank you for sharing what you have created/figured out/designed.
Well said! Bring back the kindess, I say, and we all grow from each other's creations, and learn. You are spot on, Leah, so thank you for taking the time to engage thoughtfully and articulate your own position so clearly. As an academic, I teach my students about plagiarism: simple rules about attributing claims and facts to help their readers learn about the wider picture by themselves, and to allow others to follow up the leads they have mapped out. It also helps avoiding the need to reinvent the wheel every time, and have to claim something is new just because you never really took the time to learn about what came before. Writing is not so different from quilting: allowing others to source fabrics or employ skillful photographers because they have been told about them, and build together upon a shared craft by recognising the skills past down through time. But heaven forbid we should become clingy about it all, and get mixed up in daft economic arguments which are, as you so rightly said, counterproductive in the long run. Totally ringfencing something as intangible as heritage crafts – however 'new' or 'modern' we may think we are – is like shooting ourselves in the foot (not to mention historically ignorant), otherwise we'd have those marvellous Amish and Mennonite female ghosts chasing us forever demanding payments. Next we'll be suing each other for negligence when we get our fingers pricked or cut ("But Leah you didn't explicitly SAY I couldn't use the rotary cutter on a pizza…")
Let's go quilt indeed. Juliet
Very interesting. Thanks for taking the time to write this.
I think Ms. Spain loses more than she gains. I'm not one to care whose name is on the selvage, but now I know Kate Spain and I won't purchase it. I recently had to change my blog because apparently my blog name violated a trademark. So now I can be found at: http://bethdonaldson.blogspot.com/. I'm hoping someone hasn't trademarked my name! I'm not going to document every fabric in my quilts or every inspiration. If they want to restrict how their fabric is used, maybe they should just quit designing. After all, isn't the purpose of fabric, to make something from it? It's all too silly.
eBay sellers have been dealing with this kind of stuff for years. Check out http://www.tabberone.com/Trademarks/trademarks.html.
I try to look at copyright in its most basic form, as in the right to copy stuff that I have written or photographed in fixed form. As in… I show you a photo of a quilt I made. No, you cannot take my photograph & print up note cards, tote bags & such, but if you want to make your own quilt based on my photo, knock yourself out.
Similarly… if I've written a pattern, and give it away, or sell it, no – you can't photocopy it, scan it, email it, or otherwise distribute multiple COPIES it for others or pass off as your own written work, but if you want to make dozens of placemats from the pattern, knock yourself out.
In other words, the photo is mine because I took it; the pattern is mine because I wrote it… all the rest of it, maybe I inspired it but I don't see how I can lay any claim to it.
As always Leah – Right On!!
My husband and I were talking this morning about design ownership and who would have the rights to the piece that you acquired from me for the Transformation Challenge. We came to the conclusion that you would own the piece itself, but the inspiration and craft that I used in creating that piece are mine. If I wanted to replicate elements in another piece that I created, it would not infringe on your rights to that piece.
That being said – there are some scary implications here. If i went to a class then created something using a technique that I learned there, would I own it or would the teacher?
One of the things that I most value is the free interchange of inspiration that is happening on the internet. I am continually learning from videos that people have generously shared. (my next experiment – gelatin printing)
I would be afraid that the imposition of copyright concerns would strangle this and I would lose a valuable resource.
Bravo! Couldn't agree more with everything you've said. It has gotten ridiculous. Our whole society has become so litigious and everyone is afraid someone else is going to make more money than they are. Sad.
My head is spinning from all this copyright stuff. The latest being Pinterest. I guess I haven't purchased any of that fabric that says for personal use only on the selvage. Hey what happens if that fabric gets sold as a fat quarter? You know one FQ might have the selvage intact and the other FQ might not even have the printed selvage end on it. You wouldn't even know that FQ said for personal use only and you might make something out of it to sell. I think that is totally ridiculous to have restrictions on fabric! If I ever see a selvage that says for personal use only I will walk out the store and NOT buy it.
Thanks Leah for adressing this never ending crazy copyright issue. I love the "Copyright Nazis" too. Hey can I use that saying on MY blog? Or did you copyright that?
This whole copyright issue is something that I do find frustrating and mentally exhausting, really. There was a period where I sort of backed off quilting for quite a long time because of some articles I'd read about copyright in quilting and it so put me off that I couldn't figure out how to approach my craft any more.
I think of, say, quilt patterns people sell for the ubiquitous square in a square block. You can make it different sizes, you can off-set the inner square(s), you can make it wonky, but at heart it's a square in a square. What's there to copyright? Can ANYONE claim to have created that idea which surely has been around for as long as humans have been designing? So I had a brief period where I felt like I couldn't do something of that sort of design lest some pattern writer somewhere claimed I'd stolen it from him/her and hadn't paid for the pattern, thus couldn't use it.
I don't know. The one thing I think I've mentally settled on as far as copyright in quilting goes is that when it comes to fabric design, the actual image printed on the fabric can be copyrighted. So, when Tula Pink discovered her Plume line had been reprinted by some other company and was being sold at WalMart, that was a violation of her copyright. Nobody else could have drawn all those designs quite exactly the way she did.
So leading from that thought, if C&T had actually printed Kate Spain's designs on a tote, in such a way where they hadn't been cut up and put into alternate use, then probably I would consider that a violation. But once it's been made into a quilt?
I don't know. Murky waters, anyway.
I agree with you Leah. It does get ridiculous at some point. We went through the same thing with machine embroidery designs. A group similar to your Nazis were sending people letters to pay fines for using copyrighted designs they had no right to ask for. Only a court of law has the power to do that. And some people paid. This is with a lot of other things online is that they came up with the technology, put it out there and let it run, people started using it and then came the problems. Napster, embroidery designs of Micky Mouse sold on ebay. Technology making it able to do these and then decide Oh this might not be right. And what is out in Public domain and what isn't. People have been copying recipes out of cookbooks for years, and nothing was said, how is this stuff any different. My first thought if someone use fabric I designs in a project in a book I'd be delighted. They paid for it I got my money. What's the point after that.
I agree with some of your post about copyright. It is a little excessive in some parts of the quilting world.
In this case though I do believe the design, not the fabric, was the culprit. After looking at the tote bag, it could be mistaken for a plain image of the design instead of fabric on a quilt.
On a different note, one comment you made seems to bother me.
You said,
"If you post something: an idea, a technique, a pretty picture, whatever, man up and give it away for free.
REALLY free. As in copyright free – as in anyone can use whatever you post for ANY reason.
What's the worst that can happen? Someone might teach your technique or idea. More people will learn it and enjoy it than you could ever reach alone. Is that such a terrible thing"
The worst thing that could happen is that someone takes all your designs and videos, which you have posted on your blog, mass produces them for super cheap and sell them on amazon for 50% less than you sell your own book. People would buy the cheap version and you would loose your business. All because you told everyone to man up and give away their stuff for free and let anyone do anything they want with it.
A little Copy right is good. Even for blogs.
Excellent post Leah and a great TED talk too. I've been compiling some thoughts on copyright since I started my blog last year. I'll be linking to your post. I'm definitely with you on the more open approach. I've seen those 'for personal use only' notes on selvedges and wondered why on earth you would put that restriction on your fabric. Maybe we should just all stop buying that type of fabric and only buy from manufacturers/designers that let us do anything with their fabric!
This is the best, most well thought-out, sensible look at the copyright kerfuffle I've ever read. Thank you for taking the time to put this all down in such a clear and logical manner.
There really isn't much 'new' in the quilting world. So many things were done in the past, with slight tweeks. Look at the Modern quilt guild online. They are taking 'old' patterns and tweeking them with new fabrics, or adding a slight design change to make it different. I had to take down a tutorial for a pineapple pattern. Do you know how many pineapple patterns are out there? THOUSANDS, but, this lady threatened me with a lawsuit. Does she really think that she created this pattern? It's been around hundreds of years. Oh well. I refuse to make lawyers rich by suing anyone.
Leah – I understand your point, but you're actually wrong. I would be perfectly fine with it if someone made a book of all 365 designs and put it on Amazon! It would stop me from having to do all the work myself and I could then wholesale it!
Keep in mind brand loyalty is far stronger than most people realize. If there was a choice between a quilt book of all these designs by xyz unknown quilter or me, which would you pick?
Yes, some people buy only because something is cheap, but that number is far lower than the people that buy for loyalty, interest, and passion.
Consider free…it really can change your life.
Leah Day
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 – 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.
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.
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?"
Ugh. I completely agree with you about how ridiculous some people get about copyright. My first encounter with it was a few months ago — I was at a huge quilt show with my mom and my aunt. My mom had volunteered to white glove a booth for a few hours. While she worked, my aunt and I continued to browse. At one of the vendor booths, there was a quilt on display made from a pattern they were selling. My mom would have loved it, so I took a picture of it so I could show Mom when she was done working, in case she wanted to go back and get it.
Holy cow, the amount of grief I got over taking that picture, you'd think I'd stolen the quilt right off the wall. The gal running the booth got incredibly attitudey with me, insisting that I couldn't take pictures of the quilts because they were copyrighted. Even after I explained that I was taking it because I thought Mom might want to buy the pattern, she wouldn't relent.
Later in the show, I found another quilt at a different booth that I also thought Mom would like. This time, being gun-shy after getting my wrist slapped so hard previously, I sought out the gal running the booth, explained why I wanted to take the picture, and asked if it was all right. She was incredibly reluctant — and cited "copyright", too — but eventually agreed.
In the end, when my mom was done working, we met back up and I showed her the pictures I had taken. I showed her the first quilt and said, "But she was a huge bitch to me about taking the picture," and without missing a beat, she said, "Then I'm not going to buy anything from her." I showed her the others, from the booth where the gal had been nice, and we went back to it together, and she not only bought those patterns, but several others and a bunch of fabric as well. And she made a point to seek the owner out, thank her, and explain that the only reason she had made it to the booth was because the gal had allowed me to take the pictures and show them to her.
I guess that's a really long-winded way of making my point, which was that the Copyright Nazi lost out on a potential customer, and the other gal gained one, as well as a fair bit of good will, because she allowed this "copyright violation". But even now, months later, I still don't understand the problem — how is taking a picture to show to someone who might buy it any different than selling the pattern on a website, where there would be a picture of it? I bet she doesn't get uppity at them for showing the quilt. Ugh.
(And! I am COMPLETELY blown away by the fact that Kate Spain prints "for personal use only" in the selvedge of her fabric. WHAT?! What business is it of hers what people do with it after they've bought the fabric? Isn't that the whole point? To sell fabric? I don't care how beautiful/cute/awesome a fabric is, if I noticed that on the selvedge I would not buy it, and I'd go out of my way to avoid any fabrics from that designer in the future. I just think that's completely ridiculous. Ugh.
I love your post, Leah. If you think of the history of quilting, it came from people SHARING–their patterns, their scraps, and their lives while stitching.
Wow! What a fantastic post. That video about the fashion industry really opened my eyes. I'm with you Leah – I'm all for sharing! There's enough room for all of us.
I too, make my living in the quilting industry. But I'd rather us all be friends rather than each other's "competition"!!!
I'm a quilter first, business owner second and it hurts me to see people's creativity being stifled because of fear of being sued. Right on girl – stay vocal!
I think about all the great painters and I mean great painters like Picasso, Matisse, Rembrandt, DaVinci, Michaelangelo, who were honored when people emulated them. They set up schools where they trained apprentices and created things like "Rembrandt-Style/School". There were Cubists, Impressionists, Realists and many painted the Virgin Mary with the Baby Jesus. So glad they never had to worry about copyright – what a boring artless world we would live in! I agree completely with you Leah! I'm pretty sure when I'm quilting in my pajamas no one is in the room with me – directing me – it's just me, my machine, the thread and the results are never the same twice!
Well put and it definitely needs to be said. It is a sad world we live in if everyone is ready to sue at the drop of a hat.
Maria
Great post! The more I read Emily's story, the more shocked I am at the whole situation. Not only am I shocked but frustrated as well. With Emily's story, it makes me want to dye my own fabric and not ever buy fabric again. I do believe copyright rules are needed but so is commonsense and that seems to be very lacking too often!
Leah, now I understand why, when I first contacted you there was a disclaimer about being mean and then you posting it, it caught me so off guard I didn't know wheather I should contact you or not. I can see why some people would be mean to you, you teach and share ideas without getting paid for the teaching, advice etc. You go girl I'm right there with you and also help others to be more creative within their minds and put it into the work they do with their hands.. Thank you for being a "kindred spirit." Even though we haven't met in person our souls have! Jeani
Leah, I agree with you on the "copyright" issue. Before I was a machine quilter I had seen hand quilted patterns on quilts so similar to what we do with a machine it's not funny. Do people truly think they have a monopoly on our creativity? Why would only one person come up with a quilting pattern, only one person has an imagination. My designs may at some point be similar to another's but who is to say whom had it first. This is so beyond ridiculous it makes me ill. If a quilt is made exactly like another with the same pattern, fabric, thread,quilting every piece is matched completely; then and only then could there be a "copyright" issue. It would have to an exact copy of the other person's work…..Do I have to put a copyright on my mind, dreams, imagination and artistic ability???
Thank you for your post. It has certainly made me stop and think.
At this point in my life I just quilt for myself, but what if that changed. There would be no way for me to track who made all the fabrics in my collection!
I'll definitely be avoiding "for personal use only" fabrics.
Bravo Leah! Bravo!!!
I stand up and applaud your blog post today..i posted on my blog all about your post..thank you for making a "stand"
Sandra
I am so glad you feel the way you do. If you went after me for being inspired by your work, we'd never get out of court. I'm so glad you're sharing what you see with us and subsequently, I share what I see from you with others. I try to give credit, just to draw attention to what you have to contribute and route people to you so they can see for themselves. But that's nearly impossible to do every single time. Again, thanks for sharing what you know. I know more because you shared it. Lane
I couldn't agree with you more Leah! Quilting has been around for so long with long standing traditional designs that are shared through quilting bees. Patterns may be tweaked here and there by each quilter, making it special and their own design. But I always thought that copying was the sincerest form of flattery. I love looking at quilty blogs and thinking about how I like to make the quilt.
Thank you so much for standing up and sharing your point of view on this topic. It looks like most feel the same way.
Some women are getting into a snit about Pinterest too, not wanting their quilt blocks, etc, shown on Pinterest. Same small-minded attitude.
Thank you, Leah. You're a breath of fresh air.
AMEN! This is such a pissing contest that has gotten out of hand – pardon the expression. I, as a result of this event, will not buy fabric by Kate Spain. Period. I do not want to encourage such preschool behavior.
Thanks for being direct and true to your heart in this post.
On another recent blog the blogger was praising AccuQuilt for their new copy right policy. From what I gathered, designers of Accuquilt quilt patterns and embroidery designs that are compatible with the Accuquilt have to ask permission to sell their patterns, and if given permission, must add an Accuquilt logo to their patterns. Wow, talk about mandatory free advertisement! Now this may be actually good to have the logo on the package, because it might help your sales. But doesn't this limit creative freedom? I mean, they don't have to let you, and if they say no, you can't. i started to comment on this blog, but I chickend out for fear of being DELETED. But I did save the comment, because I was pondering it. here is my not published comment. "(blogger), I love your blog and what you do. please don't take my next few word the wrong way. This is not aimed at you, just this subject in general. I don't own an AccuQuilt,but this seems a little ridiculous to me. If you create something using a product that you bought and core reason for it existing is to create, Is it not yours??? But now,if I used AccuQuilt dies to make quilts that I wanted to sell, Do I ask permission and then put a big AccuQuilt logo on it? I mean, If I bought a package of Grumbacher oil paints, and painted a picture, and sold it, am i required to list the brand of paint I used and put a Grumbacher logo on it?? I wouldn't think so.I guess it is not exactly the same thing..but kind of. These people created patterns that coordinate with a specific product. So, now, they have to ask permission to use the Accuquilt name. I get that. But all of this permission stuff just gets on my nerves. Collen asked your permission to post a hotlink.We have to ask permission and give credit everywhere. Is this all necessary? We get inspiration from so many places, and though I love quilting, it seems as though the quilting world is full of "no,that's my idea, you can't use it unless you ask me and mention my name, even if you change it and add your own twist." I know, I am ranting. And I don't mind giving credit where credit is due, but sometimes it makes me feel like my ideas are not my own. Like they REALLY belong to someone else."
Sorry for the long comment, Leah. you just opened up Pandora's Box for me, haha;) I don't like being forced to be nice, and give credit, and refer back to whomever. I do that anyway…if I remember, and feel like it, well, most of the time. I had to put in 2 comments because I had to many characters in this comment!
OMG I SO AGREE!!!!!!!. When it comes to fabric, isn't it just a tool, or medium, to create art??? I mean, if I were to create a painting, do I have the ask the manufacturer for permission to sell the painting and also, list the specific products used to make the painting? It burns my ass!! I can see if a fabric design is reproduced exactaly, how there would be copyright infrigement. But geeze, I'm scared to buy fabric for use. I have only been blogging a short while. I love quilting, and fellow quilters. But I HAVE noticed a lot of snobbery. I was looking at a blog a few weeks ago, and it was a quilt with Granny Square blocks. The blogger, gave props to another blogger for the design. So I went to that blog, and she was asking that if you used her design, to give her credit. Really? Really?? you want credit for a design that has been around for at least a 100 years??? Because you modernized it with a colorful pallet instead of the standard checkerboard pattern. You own that now?? HORSE S$#T!! That is the most ridiculous thing I have ever heard. I too, have come up with a quilting design recently that after I quilted it , after I thought of it, I was googling quilting designs, I found an ALMOST identical design. So is the idea no longer mine? Yes it is! Its her idea and mine. There was another blogger who does beautiful long arm quilting. Actually a winner in a major quilt show. She has a real knack for combining simple quilting designs that look fabulous in a quilt. On her blog she asks that you ask permission do use her designs. For what, I ask??? to quilt simple U shapes and grid patterns and echos??? PU-LEEZE! continue to next comment
Thanks for this Leah. I must admit i felt a bit deflated by all of this stuff. I am so grateful to people who share on their blogs and sites. With out it i would be lost.
I havent posted on my blog. I was a bit afraid that some bit of fabric would be recognized but i see it all a bit clearer. It has not quite got to that yet. Hopefully it never does. For the most part everyone is of the same mind. A few bad apples however can spoil the basket full.
I think any credit like you say is a good resource. Like your stuff for example. It has changed my quilting experience and i want everyone to have that advantage. It is like you are one of my kids too (hope that is ok:). I am proud of all you young women out there that create make a living from your home, teach and share and desire to continue to learn. You are amazing. Many of you are changing the face of quilting in a mighty and positive way!To have it all bogged down in "red tape" would be criminal.
My two cents.
Donna
That is a brilliant, well thought out, and balanced review of the issue. Thank you for sharing it and helping us all to understand more clearly. And thank you for everything you do to make the quilting world a wonderful place to be!
Very well said, and much appreciated.
It hasn't been all that long ago that even many fabric manufacturers didn't always put their names on the fabric selvedge–and certainly not with instructions limiting its use.
Greed seldom benefits anyone–except, maybe, lawyers–and I hear a lot of them are having trouble finding good jobs in these tough economic times.
I believe in karma. All your free instruction and patterns inspire me to buy from your shop. There are some designers that have completly turned me off by going to JoAnns and seeing that all quilting items except theirs are on sale. When their show comes on TV and they pull on their gloves I supress my gag reflex and find another channel.
Just one comment, WOW! Thanks for saying what you said. Wow!
Marge
Amen JudyL
Here I go again. Having been an RN for years I saw so many changes in the medical fields. A suggestion; When in doubt, copy a post, design, pattern or what ever, make a copy. Mail it to yourself "do-not-open-it" stick it in a safe place, years down the line you may need it..This may take some time but, who ever has the first date is the legal owner of the "thing." Again as a nurse to "CYA" me; I documented many, many things that happened during my shifts,kept notebooks with dates, times and place. I finally got to clean out my safe place a few years ago it was a very good feeling. Leah should get credit for any designs you use and if it wins an award, I bet she will feel like a brand new mom knowing, she had a part in the winning. My having been here and posted makes me liable if I took all Leah's designs, put them in a book and sold them. By rights the money would be Leah's. When and if I do a design book, I won't need to steal from others or it will not be done at all. If someone steals my designs from my Facebook page then tries to say I stole them, the dates, pictures and my studio will save me. Old habits die hard.
Great post, Leah! You nailed the issues. Personally, I will never buy anything designed by Kate Spain, even though she's a terrific designer. I think she's got her priorities all wrong and I won't help support her attitude.
Amen! Y'all who are big in the quilt world need to keep speaking out loudly on this issue because the average quilter thinks this copyright stuff is for the birds. We understand we can't sell copies of your patterns or reproduce fabric lines on our own…common sense! The rest of the rules are quilt nazi. I like Kate Spain's fabrics but they will never enter my home or be knowingly used by me and the same goes for any other prima Dona pulling this crap.
I really enjoyed reading this post. Funny thing, I just bought an instructional DVD the other day. I was so excited to watch it because the subject matter interested me. Unfortunately, the instructor ranted throughout the entire video about copyright and her angst. It left me with such a bad taste in my mouth. I will never buy another DVD by her again. I can't believe the publisher even put it on the market for sale like that! It completely sucked the artistic inspiration out of me. So sad. So negative.
I understand the importance of copyright. I understand the importance of attribution. As a teacher myself, I also understand the importance of sharing and learning. All of these areas can live in harmony. And no one should live in fear of making art.
I didn't even realize there was fabric out there printed with rules. That makes me laugh. Maybe I better go check my paper, paints, and markers too. What's this world coming to?!
Thank you for such a sensible post – and that video is absolutely fascinating!!! I have very little patience with the broad assertion of copyright but have found that it is mostly bluff. At quilt shows or groups most people claiming copyright have no idea what they're talking about and will back down under even the gentlest cross-questioning.
Bravo, Leah! Very well said. So many folks are so quick to involve lawyers and lawsuits. It's a sad state of affairs, in my view.
As someone who just designs for myself I have been reading these different blogs about copyright issues for a while and find it all frightening…almost to the point of shutting down my dream to share my designs…I've worried about being sued for something I make no money from. Since I work with EQ7, I think it would be pretty easy for me to come up with something very similar to someone else. I've worried about the construction methods I use because I've learned most of them from someone else…most of the time I don't know who came up with that method first. Thank you for taking the time to so eloquently research and write your response. The video was amazing. I completely agree with your take…I don't want more rules and regulations that lawyers create so that more lawyers have to be hired to interpret them. It's supposed to be fun…for everyone. I use batiks and had no idea there were fabrics with "for personal use only," printed on the salvages…makes no sense to me…if you pay the asking price for the fabric you should be able to sew it for any use…yes…even to resell. You paid the fair price for the fabric…you've held up your part of the bargain. I think the benefits of exposure far outweigh the revenue someone else makes when using a designer's fabric.
A wonderful post and a lot that absolutely needed to be said. You have impressed and amazed me from day one because of what you share,and what you do, and how well you do every bit of it. The Nazis's are everywhere in every aspect of quilting from blogs, to shows,to ideas. I did long posts about this years ago when quilters were huffing and puffing over every single 'copyright' kind of ting when they didn't even have legal copyrights on any of it. Those designers, those quilters, and those bloggers have only gotten worse and made everyone else cling to self righteousness and ownership, ego, and fear in all ways. So much better to give and to share. I'm with you all the way! The day I was sketching a craft idea at a craft fair and was asked for my pencil sketch on paper to have them throw it away as a possible 'copyright infringement' on a craft idea was the day I stopped going to that craft store. I should have told her she violated my rights by grabbing my piece of paper with my sketch on it. Ha. Humans are so selfish and so silly sometimes!
Very interesting. Im in the home dec biz and we have the same issues. Workrooms put photos of 'custom' draperies online and other people steal them and say they are their work. Well it was eye opening to get a book from a museum of drape designs from Europe in teh 1600's Yes 400 years ago and they look just like drapes being made now. So everthing has been done already so you cant claim its mine and you cant copy it.
The Kate Spain thing comes from a scarcity mentality. That there isnt enought to go around and that everyone is out to steal from you. Where there would be a issue I think is if someone took Kates fabric and said I made this. Obviously not, but if I buy Kate Spain fabric and make a quilt Im not going to credit her on my lable. Get real. Its my quilt and I bought the right to use the fabrics the way I want when I paid for them. Including putting it in a show or selling it.
Getting bogged down in this issue will just kill creativty and make everybody sad. I hope it doesnt go further.
I agree!! I love looking in the quilting magazines for new quilt ideas, but I am terrified to sell any of them. Great…. I can use them for personal use, but how many quilts can I use or give away. Really, these companies would go out of business if we were all quilting for ourselves. It's such a shame. I now only purchase quilt designs & embroidery designs that have no restrictions. I just love the quilt designers that state you can only use their designs 10 times then you need to repurchase…. Really???? When I buy a cake pan, do I need to buy a new one every ten cakes??? Just nuts!!!! AND I hate that fabric designers state you can use their fabrics in a quilt you are selling!! Just plain greedy. Love your posts Leah!!
Thank you, Leah, for your thoughts on this topic. I, too, am concerned about how pervasive copyright is becoming in the world of quilting. How can a designer "copyright" a pattern based on alternating Amish Star and January Thaw blocks? These blocks have been around since forever! Well said!
Great post Leah! The free and open exchange of information is what makes the online crafty community such a great place. Hard work and commitment create value. Sitting on an idea that others are prevented from expanding or sharing will instead restrict its value. We very much appreciate all of the learning materials you provide for free and I for one am always happy to recommend your site and your shop to others so that they can enjoy their quilting experience as much as I have.
You Rock!
I quilt for fun and for gifts etc. I have sold a few things over the years but have never thought about the fabric designers having rights over what I make with the fabric.
My stash now is too big and I could never go through it all and find that info. and most of it isn't designer anyway.
Thank you for this post and for being outspoken. Looking forward to seeing what you create next.
You are wonderful!
I disagree with some of the other girls regarding the tote. This is a printed image of a QUILT, not raw fabric. Big difference. We have quilts of big name prints photos everywhere on blogs. what's the difference. Also, they SELL the quilts on Etsy and other sites. Again, what is the difference.
FABULOUS post. And every word so true. We've become a nation of law suits. Everyone suing someone for something it seems.
If you aren't familiar with a gal named Tabberone who sells/sold items on Ebay that she made, you might want to read her stuff, she's battled with lots of big companies and mostly over fabric. Interesting reading for sure.
http://www.tabberone.com/Trademarks/trademarks.shtml
Again, LOVE your post. Hope lots of people read it. 🙂
So many times I read in the magazines not to copy or use these patterns without permission. Well if you purchase the quilt magazine I believe they have given you permisssion to make these quilts. To copy and sell maybe is another issue. For home use or a gift is there quilt police that are going to arrest you. This copyright issue is playing over to Pinterest and also on Etsy.com. I make the quilts and use the designs for my own use and I do not sell anything. Doing craft shows over the last 35 years has taught me never to try and copy anyone else's designs. For years the Licensed big companies like Disney could come in and shut you down and sue you over a copied product.
As you have said most of the quilt designs have been around for eternity and yet they say they are new. Maybe new colors or new quilting, but if you study quilt history much you see a pattern in the designs and you can see others have monopolized on it to make money.
I beleive in eveything you said and thank you for voicing your views many of us feel the same way. Thank you for sharing with us Leah. Chris
Bless your little pea-pickin heart for writing this! It is not just a fiasco for quilters as it blazes across all the creative arts. I think your post will have us all re-thinking things!
Thank you, Leah!
Brava, Leah! You've articulated the problem beautifully and I'd like to link to this in my own blog.
Unfortunately the Copyright Nazis are not just confined to the quilting world but are seen in other art/craft areas as well. Rug hooking, for one, has similar problems. A knitting needle manufacturer actually tried to copyright the colour purple! Sheesh.
I personally think it's a control issue – they wish to have complete control over their creative output (image, pattern, design, technique, whatever) which of course becomes impossible the minute it's released. Plus of course it's linked to a perceived loss of profit if someone else uses it and perhaps makes some money that they feel should be theirs. There's obvious circumstances where you wouldn't take other people's work directly and pass it off as your own and I think most of us are pretty clear when that happens, but from there it gets murky really quickly. Personally I'd rather err on the side of "If you love something, set it free"! But then I'm not trying to make a profit from my work so maybe that skews my attitude. I've always believed in sharing ideas freely anyhow. It can only make us richer in the long run – in a creative sense if not a monetary one.
Fascinating topic. Lots to ponder. Thanks, hon'!
Great article. I too see how Kate Spain has a case in that they took a picture of her fabric and printed it vs. using the actual fabric, but you're right — it's a picture of a quilt someone else snapped (photographer's copyright) and someone else made (quilter's copyright) so where *does* it end?
Thank you for giving us these designs and YOUR intellectual property. Your quilting designs have given me the gumption to try free motion quilting with gusto. If you didn't post your videos, I wouldn't have the skills to translate the quilting from your designs to my quilt. You give me all the tools, and I turn to your designs for inspiration for every quilt I make.
Thanks for your wonderful blog and the link to that great video. I have created a facebook page,
Quilters Concerned about Fabric Copyright Use and Liability in order for this discussion to keep going. Kate Spain directs people to this page in her last post, and has closed off comments….I wonder why??? 😉 Again, thanks for your insight and information, and hopefully, our creativity will not be continually stomped on…
Thank you for stepping out into the copyright and attribution discussion. I do quilt shows and I wonder when the worry about copyright/attribution issues will start to winnow the participant pool (if it has not already started). I do have hope because many well known quilt pattern designers are open to their designs being used in shows (with their permission)….and usually give it gladly. Giving attribution is usually the key.
The designers who have a reputation for being kind generate goodwill and interest in their patterns. Those designers get more publicity, favorable branding, and sales (a positive feedback loop).
Very well written post Leah. It was clear, concise and should give all quilters food for thought. Alas, I do think it does need to get addressed by the quilting community before it gets out of hand and people start sending lawyers over free tutorials that people post online.
Thank you for speaking up. I've been wanting to say something about this for a long time. This whole copyright thing has gotten out of hand. I have a shop on ETSY and people visit my site, copy my ideas, and then sell them on their sites. I see bloggers who take a free tutorial produced by someone else and make it into a pattern and charge $l0 for it on their sites. Is it unethical? Probably. Is it illegal? NO. Whenever possible I contact pattern designers to ask if I can use their pattern to make items for resale. It's common courtesy. And that's what we need more of, common courtesy. I guess its the hard economic times or something, but it just seems that the whole quilting/blogging world has turned into something that is just about money.
another blog I read put it right when they said that fabric is a tool NOT the final product!! I can understand not replicaing the fabric (which is what was done in the case you mentioned and that is why it was such a big deal) but I do NOT understand buying a designers fabric (they get paid right) and then using it for whatever creative use you plan and then selling it or whatever you choose to do with it!!! Hey, I guess I am just not into buying designer materials if that is the case!!! 🙂 Great post Leah! Thank you for having the gal balls to say it!!!!!
Unfortunately, efforts have been made over the last several years to expand copyright laws to fashion design. As much as we like to think we have freedom in design, we are feeling the pressures of the copyright police. I like to use some of the great cotton fabric prints in my girls dresses and I have even felt the need to ask for permission. One print in particular was designed by a well known designer in the scrapbook industry. She has been known for going after people who used her stamps to sell items. I still used her fabric but I always wondered if she was going to come after me.
I could not agree with you more!
I felt so strongly about this, I had to blog about it! I love your post, Leah, it's soooo on point! It all comes down to a feeling and if you want to try to protect your work, the only way to do it is try to ligitgate and see what a court/judge will say. Go with your gut on this. My post is here: http://amateurquilter.blogspot.com/2012/03/in-re-copyright-terrorism.html
Preach it sista!!
I recently took a crazy quilt class and it was the first time I experienced this "copyright frenzy". We paid for the class, bought the kits, but the teacher didn't like us taking notes about her project, she was afraid we were going to steal her design, and this was the project we were making in the class! Made me not want to invest any more time trying to learn from this person whose goal I felt was really not to teach but to sell her products.
Beautiful Beautiful post! Loved the TED talk and your words that your wrote. You've summed it up perfectly!
Dear Leah, I agree completly.
In Germany it isn' better.
Thank you very very much!
I couldn't agree with you more! Well said, bravo!!
right from my heart, could't agree more.
ah Leah, I love your boldness in dealing with the petty crap we have to put up with today.
Have you thought of taking on the food industry (with their horrid addictive additives) or big pharma (with all the toxic stuff they sell and call it medicine)?
big sigh as I get off those soap boxes.
Thank you Leah and thank you ladies I read all your comments – it seams we're all sick and tired of this nonsense.
Since a couple comments mentioned Pinterest… that is a fairly different issue that mostly deals with the Terms of Service and licensing as written by Pinterest (and is in the process of changing since they just updated the ToS after the hubub).
And another thing, re someone's comment on Pinterest and copyright issues. I love love love Pinterest for how it lets me organise what inspires me and it irks me that people have issues with the stuff they post on the internet ending up on Pinterest.
I went to pin something from a scrapbooker whose work I really like the other day and she'd disabled the ability to pin from her site and expressly says you can't put her stuff elsewhere. YET this same woman still has her pinterest boards up with thousands of pins on it. Can you say HYPOCRITE?
Hear hear to your original post and all the comments above. This is all getting so out of hand! At the end of the day, all we are doing is cutting up bits of fabric into geometric shapes and sewing it back together again then stitching squiggly lines all over it. Which is the same thing our great grandmothers were doing years ago. Who could possibly trace the origin of all these designs etc.
For what it's worth, Leah, I usually shop around when I buy anything, but I saw your products and didn't hesitate to buy from you. Why? Because you provide so much free content on your website and you share your knowledge and skills. Karma is like that. And while I appreciate you were probably not the first person in history to stipple across a 4 inch square of fabric, I am grateful you took the time to post your videos so we can learn from you, for free. Your contribution to the quilting world doesn't go unnoticed.
Bravo, Leah, well said! I agree wholeheartedly with you. It's a great example to compare the quilt industry w that of fashion. I have a clothing design background and one of the first things my draping professor taught was that 'there's no such thing as an original design. Everything's been done already."
That said, I'm getting darn tired of seeing quilt 'designers' copyrighting traditional patterns and intimidating others about it.
Additionally, I won't buy so-called "designer" quilt fabrics that say 'not for commercial use' or 'for personal use only' because I don't agree w this arrogant philosophy. I laughed the first time I saw that on a selvedge and thought since when is my purchasing fabric for my art dictated by a fabric designer who has no doubt taken their design from another?!
I'll end on this note: last year, I picked up an *old* Dover-like book on ancient (Eastern/Moorish?) motifs at a book sale. An excellent book…I thought it had wonderful color and quilting inspirations. Well, I'm looking at it once I'm home and what do I come across? Recent fabric designs by an established fabric and quilt designer who is highly admired-and whom I also adored. While their fabrics didn't boast the words 'for personal use only', you can be sure they didn't indicate anywhere on the fabric selvedge that this is where their design idea originated 😉 Needless to say, for me, this drove home the hypocrisy seen in our industry today…
Jae
WOW! I love the passion in which you eloquently wrote this article. You had me laughing out loud and behaving much like a cheerleader for this cause. I agree with everything that you stated, and I applaud you for putting it out there for all to read.
The video that you shared conatined such eye opening information. I have passed your blog entry on to every quilter that I know. We need to educate ourselves about this nonsense.
Thank you for the time that you put into this article.
GO LEAH! GO LEAH! IT'S YOUR BIRTHDAY! (you know the rest!)
Great post !!!
amy
Preach it!!
I read your blog all the time, but seldom comment because the day is short and I try to get in as many quilty blocks as I can. 🙂 Having said that, I will tell you that yes, I agree that the photographer and the fabric designer both should have been given attribution to tell us all who did that work, but I will never knowingly buy anything that is a design of Kate Spain again. I am pretty sure she lied on her blog, which I totally cannot respect. If you really think that someone has infringed upon your copyright, then you should not be ashamed to admit it. You should be willing to shout it to from the rooftops. Her lie tells me that she thinks she either A) did something wrong, maybe by going too far or B) was afraid that she would lose sales because OTHERS in the quilting world would think she did something wrong. That's how we decide what our basic social rules are as human beings. I wish the author had given credit, but seriously, Moda sent her the fabric because guess what? They WANTED to sell more of their fabric, and Moda should have accepted some of the blame for that, too. I've watched the Ted talk that you included before, and quite frankly, I think that the tech world is way worse in all this, but it really pisses me off that now it's entered into the quilting community, where I never thought such bullshit would be pulled.
Thank you for tackling this firestorm topic. I so agree with you. Although we are all, as a quilting community, saddened/possibly feeling 'threatened' by this the one (maybe more) who is really the 'prisoner' is the one who is at the heart of this (Kate Spain). She has placed herself in a very small fortress, protecting her 'turf'. She will, now, ever be more vigilant to protect her turf and it may take its toll as it robs a body of peace, joy, and may taint future creative efforts on her part (which would be a sad loss for all of us). Peace, love and hugs….Doreen
I had no idea fabrics had such limitations. I hope no fabrics I've ever bought are for personal use only. They don't always have a selvage on them. In fact, none of the FQ's I have have a selvage. If I ever see a fabric that does specifically say Personal Use Only, they won't get my money. Fabric is sold to be fashioned into something else, to be used, not to sit and look pretty on a shelf. Once I cut that fabric and make it into something of my own, it's mine to do with as I please and I won't buy any fabric that denies me that right, no matter who the designer is.
You are wonderfully generous with your quilting designs. Thank you for that, and thank you for your well thought out words on this topic.
Thanks for such a well written post, Leah. I too, would have loved to see an end to this in the courts so there would be real clarification about what we can and can not do with fabric we purchase. I think Ms. Spain would have lost her case. There have been cases brought by big name companies that lost because once an item has been sold, it no longer belongs to the seller. This is a something she will never live down. I saw some of her fabric in a quilt shop this week and maybe I didn't look closely enough but I couldn't find a "personal use" statement on the selvedge. She will never get a dime of my money if I can help it.
Sheryl Till
Arghhh….This makes my head hurt. Glad you posted and others have responded. How can you copyright the materials and components that go into making art – that they need to give permission/have a mention/be paid for it? Didn't you do that when you bought the product? What a horrible slippery slope. I agree that if you copied fabric and passed it off as your own, that would be a problem. But using fabric as a component in something you created?
BTW, as an aside I read yesterday that US copyright laws changed last September so that it is "first to file" not "first to invent". Seems like this encourages a lot of filing of finite and small steps versus the intent of a formed idea or product.
Arghhh…
Hi Leah,
Thanks for your thoughtful post and great questions about copyright and the extent to which it is influencing the quilting community. Lots of people think I'm trying to control the ways in which my fabric is used, but that is untrue. As far as making things (quilts or otherwise), please answer these four questions about your fabric use:
– Is it just you sitting at your sewing machine making stuff to give to friends/family or to sell?
– Are you shipping fabric overseas and having any manufacturing done in a factory?
– Are you copying or otherwise reproducing recognizable designs from fabric and printing them onto another material like laminate or plastic and then manufacturing a new product like a tote bag? Or shower curtain?
– is your distribution through mass market channels?
If you answered Yes, No, No, No, then you really have nothing to worry about! Whatever you are doing with my fabric is fine!
Also just wanted to clarify that the selvages on my fabric do NOT have a "for personal use only" stipulation. If you spend your hard-earned dollars on it you should be able to use it however you like! I've written more on my blog to clarify the resolution of this situation and an FAQ: http://katespaindesigns.blogspot.com/2012/03/moving-forward.html
I completely agree with you that an absence of attribution is a missed opportunity for both promotion as well as resource material.
One last and important thing to know is that I did not make ONE dollar on this, and donated the recalled tote bags to several local charities.
Keep up the great discussion!
With Kindest Regards,
Kate Spain
This was incredibly concise and well thought out and written. Thank you for sharing your thoughts on this. As a relatively new quilter, hearing all the talk about copyright with regard to patterns and fabric and photographs scares the MESS out of me … and it makes me very hesitant. I don't want to go to QUILT JAIL! I liked Judy Laquidara's idea of dying my own fabric from here on out! 🙂
Don't forget, folks… Copyright Laws per se are not LAWS, they are guidelines for legal action. People who have deep pockets and can afford lots of expensive legal counsel (and have nothing better to do with their time) will sue at the drop of a hat.
There are three issues here, "intellectual Property" (the creative issue),
"Fair Use" (intent to defraud), and "Loss of Income" (did you deprive the other person of cash they could have gotten?)
I will continue to ignore the "Copyright Police" mentality and go on about making my art… Rembrandt, Senellier, and Canson will just have to take their chances getting anything from litigation regarding attribution. Same goes for the cookbook publishers whose recepies I use in my (occasional) work as a private chef.
I've said it before and I'll say it again: You are my hero. Well done, Leah.
—If I have to stop and ask myself 4 questions before I cut fabric, I simply won't cut it.—
thank you, Leah, thank you.
BRAVO, Leah! Having worked in information security the last 8 years of my career and dealing with intellectual property rights, I found your latest post REFRESHING! And supportive of the "creativity" that so lends itself to quilting in general.
I have a new lack of respect for Kate Spain and will no longer support any product with which she's associated. My lack of respect may well extend to the MODA family of products if I feel MODA supports KS's view of "copyright". You can bet I'll check selvages for the "personal use" attribute; if it's there, it won't be in my stash. And if I have any now, I'll be sure to pass it on to another user.
Leah Day, you're still my HERO. Thanks for the beautiful post and for freeing many of us from the copyright bondage!
Quilt on, Sista –
In response to the comments about taking photos at quilt shows. I understand why you shouldn't take photos at quilt shows. . especially at booths in which the pattern is sold. I don't need a pattern anymore, I could recreate the quilt from just the photo if I wanted to.
It's kind of like people bragging about going to the library, and copying quilt patterns right from magazines (that are trying to sell) and not buying them. LOL There's lots of jobs at stake. Think of the jobs at least.
I've been quilting for about 17 years and must be incredibley naive. I've never thought twice about looking at books, looking online and on blogs. I love looking at other quilts. That is how I got so interested in Mondern Quilts. I've bought patterns before, but I look at other quilts for inspiration as well. Isn't that what they're out there for? If you don't want someone to see what you've done? Take your quilts offline. Don't show them to anyone. Keep them to yourself. Let the rest of us enjoy what we all love to do.
Thank you Leah, I think. LOL.
The video by Johanna was excellent! I have read Kate Spain's "clarification" response to you but find little in it to satisfy the question. I, again, thank YOU for your concise statements regarding this difficult, 'grey' area(?) topic. If I have to pause before each purchase and analyze the end product/purpose of use for it, I will simply bypass the purchase! Regardless of what is printed on the selvage, everyone has been affected by this situation and will never view said fabric/people/items the same again. Very sad. All this stated IMHO!
Now……on to my whole cloth exercise!!!!
Great addition Leah!! I completely agree. How in the world can you know how your quilt will be used in the future?!? I guess we all need to have a time machine to make sure our quilts are never used in any form of copyright infringement.
If our quilts last more than 100 years and become vintage pieces how can we prevent future people from photographing them for historical books or being shown in a museum?? It's impossible! Where is the line drawn?
Very well laid out. Thank you. I am so sick of the copyright issue I could cry! There are indeed endless questions to the question, and I, too, question who owned the copyright to the photo of the quilt containing a fabric on a tote bag….. waaaaay too many layers!
Write on Leah. I can't worry about copyright nor will I sic lawyers on someone who uses my original designs.I DO appreciate it when someone says, "Inspired by Pepper Cory ." Makes my day. Those of us who make our living in the quilt industry need to keep in mind what the old Eskimo said: "Only the lead dog has a view." In other words, stay out front by continuing to be creative. Good vibes from Beaufort.