Copyright and stealing (ON topic)

I will be seeing Wendy in November, at a quilt event (on topic)
.... I am HOPING she will supply some chocolate!!
PAT, ever optimistic in VA/USA

Taria wrote:

Wendy is the one with the chocolate tempering machine.
She needs to make RCTQ chocolate especailly for the
group.
Taria

Tina: You might want to go ahead and register next year. That way
you will get the pin and the tote bag. Plus you will have a badge
to wear when you are off duty and wanting to go incognito. I will
be looking for you next year, as I hope to attend again.
PAT in VA/USA

Tina wrote:

I don't get registration materials, because I am an employee. See,
there are just a couple of drawbacks to all this PREshow fun! LOL

Hugs,
Tina

Ooo! It is getting cooler here... I've already made some molded candies for
Halloween. Not to give out, just for us. They are orange color, not flavor,
confections. You know, like white chocolate but orange. Hmm, what would RCTQ
chocolate be like? I don't think I could please everyone, so I'll just have
to please myself. G

--
Wendy
http://griffinsflight.com/Quilting/quilt1.htm
un-STUFF email address to reply




"Pat in Virginia" wrote in message
news:Iyt7f.8246$v_5.3712@dukeread07...
I will be seeing Wendy in November, at a quilt event (on topic) ... I am
HOPING she will supply some chocolate!!
PAT, ever optimistic in VA/USA

Taria wrote:

Wendy is the one with the chocolate tempering machine.
She needs to make RCTQ chocolate especailly for the
group.
Taria

Kathy,

Do you mind terribly if I piggyback on to your post here?

I'm picking you because you clearly have the best handle on copyright
issues of anyone who has posted.

I've generally stopped reading RCTQ, but very rarely pop in just to see
what's going on. Popped in yesterday, and found all this stuff about
copyright.

I am a copyright lawyer. I have been a copyright lawyer since 1980. I
have taught copyright courses, and courses in entertainment law. I
have made my living via copyright, not just as an attorney but as a
professional musician and a professional author. I know this area
pretty well.

A _lot_ of misinformation has been spready around in this thread. I
would caution everyone not to believe anything you've read here, even
though a few people really seem to have a general sense of it -- even
they get some of the details wrong. I would particularly not trust any
information that comes from someone who says they've got a friend who's
a lawyer who told them this, or have a cousin who's a graphic artist
who knows everything there is to know about copyright. It's no
different than asking your best friend to look at a mole and tell you
if she thinks it's cancerous, just because her sister is married to a
famous dermatologist.

In other words, this is a highly nuanced and complex area of law, and
the application of most copyright law depends entirely on the
circumstances of a particular case. A particular use might be
copyright infringement under one set of circumstances, and be
permissible in a different set of circumstances.

I'm not going to continue to read or post here (way, way too many bad
feelings being kicked around), but if anyone has a specific copyright
question, you can feel free to email me. I won't give legal advice
(which would be unethical), but I'm happy to share my best
understanding of the law as it generally arises in the situation.

Good luck!

Karen Harmin


Kathy Applebaum wrote:
"Calico" wrote in message
news:bar7f.12352$c4.11765@trndny03...
This may be a weird slant on this topic but the fabric designs/prints
themselves are copyrighted, right? So how does that figure into the whole
equation?

Some manufacturers have already given permission, some have not. One common
example is NFL and Disney fabric -- you are only authorized to make
something for your own use, and not authorized to make something to exhibit
or sell. So a few years back, when I bought a bunch of Pittsburgh Steelers
fabric to make a quilt for a good friend, there was no problem because it
was a gift. If I had sold it to him, that would have been (to me, anyway) a
very dark grey area. And if I made several to sell on eBay, I would have
most assuredly crossed the line.

Again, if in any doubt, the best thing is to ask copyright holder.

--
Kathy A. (Woodland, CA)
Queen of Fabric Tramps
http://www.kayneyquilting.com ,
remove the obvious to reply

Karen:
So nice to see you again! I hope when you say you won't be
reading or posting, that you only mean this particular thread. I
do hope you will come visit again and talk about fabric, color,
quilting and so on.
Take care. PAT in VA/USA


Karen Harmin wrote:
Kathy,

Do you mind terribly if I piggyback on to your post here?

I'm picking you because you clearly have the best handle on copyright
issues of anyone who has posted.

I've generally stopped reading RCTQ, but very rarely pop in just to see
what's going on. Popped in yesterday, and found all this stuff about
copyright.

I am a copyright lawyer. I have been a copyright lawyer since 1980. I
have taught copyright courses, and courses in entertainment law. I
have made my living via copyright, not just as an attorney but as a
professional musician and a professional author. I know this area
pretty well.

A _lot_ of misinformation has been spready around in this thread. I
would caution everyone not to believe anything you've read here, even
though a few people really seem to have a general sense of it -- even
they get some of the details wrong. I would particularly not trust any
information that comes from someone who says they've got a friend who's
a lawyer who told them this, or have a cousin who's a graphic artist
who knows everything there is to know about copyright. It's no
different than asking your best friend to look at a mole and tell you
if she thinks it's cancerous, just because her sister is married to a
famous dermatologist.

In other words, this is a highly nuanced and complex area of law, and
the application of most copyright law depends entirely on the
circumstances of a particular case. A particular use might be
copyright infringement under one set of circumstances, and be
permissible in a different set of circumstances.

I'm not going to continue to read or post here (way, way too many bad
feelings being kicked around), but if anyone has a specific copyright
question, you can feel free to email me. I won't give legal advice
(which would be unethical), but I'm happy to share my best
understanding of the law as it generally arises in the situation.

Good luck!

Karen Harmin

I'll take some of that chocolate but the champagne must be passed on
despite wanting some -- must keep the body a temple should the next
generation decide to move in (now that I'm officially off my meds but
waiting for them to clear the system)

Since I'm passing on the champagne, I'll take a double dose of
chocolate -- the darker the better please!

Is that a raspberry truffle I see there .... *peeking over*

Giggle,
Tricia

They may say that, but they can say whatever they want. It doesn't
make it true. See:

http://www.tabberone.com/Trademarks/...eylawsuit.html

Linda
PATCHogue, NY




On Tue, 25 Oct 2005 14:56:00 GMT, "Kathy Applebaum"
wrote:


"Calico" wrote in message
news:bar7f.12352$c4.11765@trndny03...
This may be a weird slant on this topic but the fabric designs/prints
themselves are copyrighted, right? So how does that figure into the whole
equation?

Some manufacturers have already given permission, some have not. One common
example is NFL and Disney fabric -- you are only authorized to make
something for your own use, and not authorized to make something to exhibit
or sell. So a few years back, when I bought a bunch of Pittsburgh Steelers
fabric to make a quilt for a good friend, there was no problem because it
was a gift. If I had sold it to him, that would have been (to me, anyway) a
very dark grey area. And if I made several to sell on eBay, I would have
most assuredly crossed the line.

Again, if in any doubt, the best thing is to ask copyright holder.

I've been reading this thread with great interest, but your question is
profound.

Since the patterns on fabrics are designed and then copyrighted, how
could any of us make anything for sale anywhere ever? I have to admit,
I've made many things for sale over the years and never even thought
about not being able to use a fabric because I never knew fabrics could
carry a copyright, and even if I "had" known, I know I would have
thought it was that I couldn't reproduce the fabric, not that I couldn't
make something with it and sell it.

If their permission is needed, does that mean we have to write to the
company everytime we want to use a different fabric? How would we know
who has the copyright, the designer or the fabric company? What about
garage sales where the fabric pieces no longer have selvage edges so we
wouldn't know which company even produced it? What about older fabrics
where the company can't be found (or may be out of business) and the
designer's name isn't listed?

I can understand a copyright not allowing someone to copy the
instructions or even copy the fabric and sell them, but it just never
occurred to me you could buy fabric and not be able to make something
out of it that you could sell. Of course, I still don't understand how
radios work, airplanes stay aloft, or battle ships don't sink either.


Calico wrote:
This may be a weird slant on this topic but the fabric designs/prints
themselves are copyrighted, right? So how does that figure into the whole
equation?


Linda in PA... who often thinks of weird stuff


"Julia in MN" wrote in message
...

My pet peeve along these lines: people who would never think of stealing a
pattern from the store shelves, but who do not think anything of asking to
photocopy the copy that someone else purchased.

As I understand it, one would find it quite difficult to copyright a quilt
block; even though I may design a block that I haven't seen before, the
chances are the someone else has also created the same block. For example,
IMO there is no way that Quilt-In-A-Day can have a copyright on a log
cabin or Irish chain block; they could never prove any copyright
infringement on any quilt you make from those very common, traditional
blocks. However, the instructions in the Quilt-In-A-Day books are
copyrighted; you should not be copying the instructions to pass along to
others. When a block design or quilt design gets more innovative and
unusual, the situation gets a bit muddier, and it gets more difficult to
claim that it is only the pattern instructions that can be copyright.

Julia in MN
--
This message has been scanned for viruses by Norton Anti-Virus

http://webpages.charter.net/jaccola/

LOL Pat, I'm already signed up to work next year - but most definitely
as many days as I signed up for this year. NEXT year I will be signing
up for classes! And I did get a Show Book today, for free, duh. And I
already have my Market and Festival pin and today got two t-shirts and
my tote bag.

Hugs,
Tina - who will be looking for you next year!

I don't depend on my husband (the graphic artist and photographer), my
friends or my internet acquaintances for legal advice. I have my own
lawyer, my husband has his own copyright lawyer and we pay our bill.

Thanks for the advice though,
Tina