Sunday, November 22, 2009

Gosh, darn, geez, sigh.


Gratuitous shot of a UFO block just because I need a smile. The bugs are blind, they need eyeballs.  Really it should say that other word that starts with the same first three letters and ends with GER!

Ok so I had some great response from my question and I really appreciated it very much. Thank you to all who took the time to leave a comment. You can always go back on the last post and read some interesting thoughts, particularly from designers and quilt artists, Laurie from Minnick and Simpson and respected Australian quilter, Jenny Bowker.

I have done some digging around for information and the result is that we need to educate ourselves about copyright issues since ignorance is not a defense. You may or may not agree but it is a legal issue and if we want these talented people to keep supplying us with patterns, books and classes, we need to respect them and do our very best to adhere to the rules.

Soooo.... we cannot copy a quilt without permission, no ifs and buts. Copying and making a quilt and acknowledging the source is not sufficient, you must get permission. This does not include quilts or patterns that are in the public domain such as antiques.

I can't show you the quilt sorry and I know that many of you were curious as to the pattern and designer.
All I can tell you is that the designer is Kim McLean so if you read this Kim, could you email me please. Otherwise, I will let it go now, sob, snif.

I do love to draft my own patterns and I love to draw the applique ones out. I get a lot of satisfaction from having a go. I'm no artist I should add and I only have to please myself so I like to have a go.
The drawing above is a portion of the ones I did for my Double Wedding Ring quilt.

The above two are blocks I've drawn from antique quilts.

Lastly, I have done another panel drawing for the Susan McCord quilt.

I've even basted on the stems and branches. The blue dots are my placement guides for the leaves when They are ready to go on. I just need to get myself organised and get on with it now. I hope it's going to be a more productive week since the heatwave sucks the life force out of me and I don't get much done.

32 comments:

Stephanie said...

At least you found out an answer. I'm constantly appalled at the copyright infringement I've been seeing lately.

Your original works are so amazing you should publish your own patterns!

Kathie said...

Well I am hoping that you hear from KIm.
Love the tip about the blue dots for the leaves
great tip!!!!
oh I see a few new quilts in your future, beautiful!

Kathie

Christine said...

Hi janet

Try to email Dr.Annette Gero,I am sure she will be able to get to Kim for you.
I used to have Kim's email as we had her at our home group to teach a class.
She is lovely and I am sure will discuss this with you.

cheers
Christine

Christine said...

I have emailed Annette, hopefully we here something.

cheers
Christine

Christine said...

Me again, I thought I had her email, I will email you shortly, hopefully that email is still current.

cheers
again
Christine

Crispy said...

I'm sorry you can't make the quilt. It is a shame that designers are so hard to contact sometimes. I'm REALLY impressed with drawings. Do you use EQ or any other software program to draw?

Crispy

Quilt Hollow said...

Hopefully you will hear from her soon and now we are educated on the subject. Gosh darn...knew how much you hoped to make this one...I bet she contacts you and gives permission. She should be over the moon thrilled that somebody loves her work that much!!!

Susan said...

I commend you for going to the lengths that you have to make sure that you do the right thing! Copyrights are not nearly as black and white as people think they are and I agree with you, it's better to err on the side of caution.

Lori said...

Isn't this post proof that you are an artist?! :)

Nedra said...

I went back and read your comments. Most agree (even Minick and Simpson who are designers), if it's not for profit, it's OK to make the quilt. (especially when no pattern is available).
I'm also remembering that if you change it by a certain percentage, then it's not under copyright law. Did your research reveal that concept?

moramargaritaster said...

I really impressed with the drawings.How did you do it?.

in spanish.
Se habla mucho de los derechos de autor y me parece bien,pero quisiera que me dijeran dónde terminan ,porque si me compro un libro y reproduzco el proyecto del libro,puedo mostrarlo en mi blog y compartirlo con mis amig@s bloguer@s?
Porque se supone si organizo un proyecto siguiendo la pauta que marca MI LIBRO,(se supone que es y mío porque lo he comprado), y lo comparto con otra gente,sin obtener beneficio alguno,estoy violando los derechos de autor?

Me gustaría saber tú opinión porque no lo tengo claro.Gracias

Juliann said...

Janet - I so appreciate your integrity. In addition to making beautiful quilts, you really bring honor to the craft of quilting. Thanks for that.

Fiesta said...

Janet I guess I missed the blog you are writing about in regards to a quilt from Kim but from the jist of it I hope she emails you so you can make it.
What concerns me is when I see bloggers designing patterns, marketing them as their own and then I see the item elsewhere where it has been published by someone else in a different year.
For example I purchased a pattern for a bag, made it, and then I saw that a blogger made the same exact pattern, marketed it as her own, even blogged about copyright laws, but yet the pattern had already been in print by someone else. So that causes me lots of confusion and I do not understand how that can happen but they are making money on patterns that were not really their own creations, though they make themselves believe it was their own.
Anyway, I do like your drawings and I definetly admire that talent in you.

Minick and Simpson said...

First of all, kudos for your quilts and for re-making the McCord quilt. That is my all time favorite antique quilt and I have put off doing one for myself for a long time. I cannot wait to see yours. Also, kudos for trying to do the right thing about the preceding post. There is a lot of gray area here and if one could afford to employ an attorney for these copyright issues - they could go on in court for a very long time. First of all - just try to do the right thing. If you are inspired by or adapting another person's quilt - give credit to it. That is - assuming there is no published pattern for it. (Asking permission would be the best option, if possible) If you go about it the right way with the correct intentions - let's hope the original maker would be gracious. If the original maker has made a pattern for it or intends to publish, things get more defined. Let's hope for a happy ending.

Laurie

Darlene said...

Thank you for doing your due diligence regarding copyright issues and such. I hope that you'll hear from Kim McLean and can get the pattern or permission to make the quilt.

Your talent never ceases to amaze me, Janet. I'm in constant awe of you. I appreciate your willingness to share yourself with the world.

Kaaren said...

Changing a design by whatever percentage and calling it your own is a flagrant violation of copyright. The appropriate thing to then do is to give credit to the original designer but under no circumstance is the altered design yours.

Case in point. Just last week, while thumbing through the latest issue of a very popular country magazine, I spotted a design on a garden flag that was for sale with a design that I immediately recognized to be a combination of two of my original designs that were published in a decorative painting book about 3 years ago.

Yes, the designs have been altered somewhat, but not enough for me not to recognize them as my own. Various elements in both designs had been reconfigured but the elements themselves are exact copies of my originals.

This is not the fault of the magazine. It is blatant stealing by the so called designer who sold the licence to "her" design to another company who produces the end products. Although I don't know for sure, I would venture a guess that the manufacturer is an off shore company and I certainly don't have the resources to go after them. However, once I find out who the "artist-thief" is, she/he will be contacted by my attorney.

I am certain that this individual had to sign some sort of form releasing the manufacturer from all copyright issues just to protect them from issues such as these, so they too are not at fault. I know when I had my books published, I had to sign forms to that end.

In thecase of the quilt that you would like to make, Janet, I see absolutely nothing wrong with you making the quilt for your own use. There is really nothing to stop you. The parallel I can draw is making a quilt featuring as an example, Mickey Mouse. You were inspired from a picture of MM that you saw in a magazine or comic and wanted to use that image to applique on a quilt for your grandson. All Disney characters are copyrighted to the hilt, but as long as you are doing it for yourself and are not profiting from it in any way, they cannot prevent you from making the quilt. Showing it on your blog is however an entirely different issue and you would not be wise to do that.

Coptright has so many grey areas but altering someone else's design by whatever percentage and then calling it your own is very black and white. You cannot.

And if you are still with me, the best advice I can give is when in doubt, don't.

Your line drawings are wonderful, BTW. Keep it up.

Robin said...

Good for you for doing the due diligence. I'm sorry it's not the answer we were all hoping for, but at least you know. :)

Your drawings are so beautiful! You definitely seem like an artist to me.

Barb said...

I love your drawings too...you are very talented...

Thanks for the info on the copyright issues..

Beth Karese said...

Digital cameras and the internet give us access to more inspirations than ever before - and aren't we lucky for that!! I feel like I understand my responsibility better now after your very interesting question and responses. I'm glad you brought it up and am crossing my fingers that Kim will permit you to make the quilt you fell in love with.

Your drawings are wonderful and look professional!

Marls said...

What a great discussion you generated on the issue of copyright,and it is so good to hae it all alot clearer.
I love the bugs UFO at the start of your post and those drawings are fantastic.
As always great to visit.

MARCIE said...

Your drawings are amazing! And you can even recreate them in cloth! You are an artist indeed! If I were Kim I would be honored to have you duplicate my quilt! Hope you hear from her.

Amelia said...

Oh look at those bugs!! Too cool!

Changing something by a percentage doesn't make copying ok.

If it is recognisable then its a copy.

I think we need to remember that some of these people make a living out of what they do - if someone was taking from me - which means they would be taking from my kids I would be upset. We often don't think about this aspect.

At the end of the day its up to the individual considering the copying - whats right or legal is one thing what people choose to do is another.

Janet said...

Your drawings are beautiful. I'm glad you're still working away on the Susan McCord quilt - I love that one.
I hope you hear from Kim!

Brenda said...

Thank you for your post. As part of the quiltmaking and the blogging community, we all should strive to act in a responsible and respectful way on copyright issues.

I have sent Kim an e-mail about your inquiry so she may be in contact with you. In the meantime, I assume that the design that you are looking for is not included in Annette Gero’s book (The Fabric of Society: Australia’s Quilt Heritage from Convict Times to 1960) which has 29 patterns by Kim or via the Glorious Color website ?

Thimbleanna said...

Boy, it looks like you had lots of help with your dilemma -- hopefully you'll hear from Kim so we can see your quilt! Your drawings look fantastic!

Meredith said...

I am glad that got worked out. I did not comment on that post but I read the comments. Glad you posted that to help clear it up. Have fum with the mccord quilt I am really not enjoying how thin the off shoot vines are. I made a few but I am still on the fence.

Barb said...

your drawings are lovely! what a talent.
happy thanksgiving!
barb

Four O'Clock Quilt Company said...

At the risk of opening a can of worms I'm going to say that lately I have noticed a lot of quilts and blocks attributed to designers, but in reality the same block/quilt was in a magazine or book that I own from years back. I'm speaking of pieced blocks here, because applique tends to be an artist's vision, but designing fabric does not give one the right to claim a quilt pattern as their own when it is 'traditional'. Giving it a different name doesn't mean you own the copyright to that block in my opinion. Putting borders or setting squares around that block doesn't make anything other than a traditional interpretation.

Carrie P. said...

Thanks for sharing that info with us. We do want people to keep designing because I am not one even though I do come up with some of my own designs but I do love the designs of others.

Deb said...

Good for you Janet - I hope it all works out in the end. Of course I love Kim's quilts and would love to see more versions of her quilts. It's great that she's selling some patterns now.

Sharon said...

I agree with Four O'Clock's comment. The newest Kaffe book says All Original Designs. Sorry, but a log cabin or a big print block with a stepping stone block between, or a rectangle with strips round and round, or Hearts and Gizzards block do not constitute "Original".

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