Copyright Q & a for Quilters

Copyright Q & A for Quilters

Do you have questions about how copyright law applies to you? Do you wonder if you can enter your recent quilt in the guild show? Or are you curious whether or not you can sell the quilts you make from patterns? There are plenty of quilters who share your concerns and this article will address some frequently asked questions - but first, a brief overview of copyright law.

The basic rule of copyright is that only the copyright holder may do any of the following:

1. Make copies of the original design in any medium. Taking a photograph of a quilt is even considered making a copy.
2. Make derivative works. Derivative works are those that include some elements or aspects of the original design.
3. Distribute copies of the work to the public by selling, lending, leasing or otherwise transfer of ownership.
4. Display the copyrighted work or copies of it publicly. Public display is any showing beyond close family and friends.

Of course there are exceptions to these restrictions. Fair use is one area of exception that includes comment, criticism, news reporting, public school and university teaching, scholarship and research. This set of exceptions allows newspapers and magazines to show and discuss work, or for a student or researcher to make copies or quote from a protected source.

The exception that is of most interest to quilters and other visual artists is known as the "first sale doctrine." This is a rule of law that states that once a copyright holder sells or otherwise disposes of a copy of a protected work, the new owner of that copy may display, distribute, sell or pass ownership to another without the permission of the original designer. The only thing the new owner may not do is make a copy of the copy. The key to this exception is that the new owner must have legally obtained the copy.

Finally, and importantly, the holder of the copyright may give his or her permission for another to undertake any of their exclusive rights, including permission to make a copy. Permission is usually required to be in writing, but there is one exception to that: a non-exclusive permission or license. This type of permission may be oral or implied from the circumstances.

This is all very technical legal information. But as we go through the following questions - posed by quilters - and their answers, the meaning of these rules and exceptions will hopefully become clear.

1. How do I copyright my work (i.e. become a copyright holder)?

A copyright comes into existence as soon as an original design is made in a tangible form. That would include a drawing or computer design as well as the actual quilt. There are reasons for registering a design with the U.S. copyright office. If you plan to sell patterns and want to establish that the design is yours, registration is a good idea. The information and forms required are online at: .

2. How do I know if quilts I have design are really my originals?

Under copyright law, original means that it comes from your own creative processes without copying from the work of another. Strange as it may seem, two people may come up with the same design and each may be an original a protected by copyright. As long as the design is from your independent work, it is original.

3. If I make a quilt from a pattern, magazine or book, can I sell or donate that quilt?

As long as you are using a published pattern that you have purchased, the quilt you make from the pattern is a legal copy and is yours to sell, donate or give away. This is the right provided by the first sale doctrine. What you cannot do is copy or photocopy the pattern itself.

4. Can I sell multiple items made from a copyrighted pattern?

This is not an issue that I have found addressed by any court. In my opinion, I believe that the implied permission granted you by purchasing the pattern is limited to a "reasonable" number of copies. A designer expects you to make one or two copies. If you make 50 to sell, you are undercutting their opportunity to benefit from their design. I believe you should get permission from the copyright holder before making a large number of copies or using their design for a fund raising quilt. The commercial nature of these activities may take them out of the implied permission to make copies.

5. If I want to make multiple copies for sale, can I pay a royalty to the designer? If so, how?

You should contact the designer and ask permission to make the copies. If the designer requests a royalty payment, you can negotiate the amount and make arrangement for sending payment.

6. Can I copy antique quilt designs?

Yes. Copyrights are time limited. How long a copyright lasts depends on when the design was created. Right now, copyrights last for the life of the designer plus 70 years. But the law prior to 1978 was that a copyright lasted for 28 years and then could be renewed for 28 years. The old classic designs are in the public domain and may be used by anyone for any purpose.

7. I get inspiration from artwork (paintings, folk art, etc.) Do I need to credit the artist for my needlework design?

It is always a good idea to give credit when your quilt has been inspired by the art of another. It's also good manners to credit a teacher when the work is made from a class or acknowledge the designer if a quilt is made from a pattern. There is no law that requires this however.

8. I use coloring books for my appliqué quilts with such designs as the Pink Panther, Mickey Mouse, etc. Is there a problem with this?

Yes. These characters are protected by copyright and, in some cases, by trademark. Using those images without permission violates copyright. Buying a coloring book does not extend permission to make copies.

9. If a block is from the 1800's (Nine Patch, Shoofly, Crazy patch), can a magazine claim a copyright and prevent others from using the pattern they print?

No. Once a design is in the public domain (out of copyright) it cannot be copyrighted again. Magazines claim copyright in the pages of their issues. They won't prevent you from making a copy of an antique block. They can prevent you from copying the pages of their magazine.

10. Can I sell a quilt that includes a licensed fabric? (Disney, John Deere tractors, sports logos)

This is a difficult question. Under the first sale doctrine, once you buy the fabric you can sell it, cut it up, do with it what you wish. Also, the copyright holder would expect that the fabric would be used to make an item. Arguably you should then be able to sell the item you make from the fabric. In the few cases with a similar issue, courts have come to conflicting decisions. Companies who own these images have attempted to prevent commercial use of their fabrics. I don't know how other courts might decide.

These are only a few of the questions that quilters have about copyright law. Not all of the questions have a definitive answer. But it's good to keep asking. And when in doubt, ask permission.

About the Author:

Janet Jo Smith, BA, JD

Janet Jo Smith is an attorney who received her juris doctorate, with honors, from Washburn University School of Law in December 1981. She practiced as a civil trial lawyer for a number of years and later worked as an editor for Quilter's Newsletter. Janet dyes, discharges and airbrushes fabrics that she sells through her business, DyeSmithy. You can find more information at DyeSmithy.com.