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Ask the
Experts:
Carolyn V. Peters Question: If my guild
makes a quilt using a published pattern, can we use it as a
fund-raiser/raffle quilt, or is this an infringement of copyright laws?
Carolyn responds: The answer to your question is in short, yes, you may use
a published pattern for a raffle quilt. Moral rights, which are not actually
part of the copyright law in the The copyright law provides rights in a work for the author
or designer of the pattern. Let's assume that a quilt has sufficient subject
matter to have a copyright. Under the copyright law, functional articles
cannot obtain full copyright status. Only the artistic or non-functional
portion enjoys the benefit of copyright protection. Thus a quilt in and of
itself cannot be copyrighted. However, a particular design, color scheme, and
any other unique artistic part may receive protection under the copyright
laws. For example, if a designer makes a quilt that meets the
requirement for a copyright, the copyright is granted for the quilt itself. A
photograph of that quilt may also be copyrightable. But if that designer is
in the business of selling patterns and in fact turns this new quilt into a
pattern, complete with instructions, the pattern also enjoys copyright
protection for the instructions and any illustrations that are expressed in
the pattern. You, as the quiltmaker, purchase this pattern. Under the
copyright laws, you are not allowed to make a copy of the pattern, except for
your personal use. As the legal owner of the authorized copy of this pattern,
you have purchased the right to make the article that is presented in the
pattern, to sell or give away your authorized copy of the pattern that you
purchased, and to sell or give away the article that you made from the
pattern. You do not have the right to make copies of the pattern with the
intent of distributing them to friends or guild members, or to mass produce
an item from that pattern for resale for profit or personal gain. Some pattern designers attempt to limit the implied
copyright license by stating on their patterns, "This pattern is
provided for personal use only and may not be used for commercial
purposes." However, as far as I have been able to determine, this
language has never been tested in court, so provided you do not engage in
mass commercialization from a pattern, I suspect there would not be copyright
infringement. Regardless of the notations in a particular pattern, a
raffle quilt is for a charitable purpose and as such could be created from a
published pattern without any copyright infringement issues. I would
recommend that you give credit to the designer whenever the quilt is shown or
advertised. Most designers appreciate the exposure to the quilting public.
However, if you choose to ask permission from the designer, be prepared for a
possible "No" answer. In that case, to continue showing the quilt
and selling tickets for it could only create hard feelings. AUTHOR'S NOTE: The
comments given above were prepared for informational purposes only and do not
constitute legal advice. This column is not intended to create a
lawyer-client relationship and should not be acted upon without seeking
professional counsel. About the Expert: Carolyn V. Peters is a licensed attorney who specialized
in Intellectual Property including copyrights, patents, and trademarks. She
is co-owner, along with her husband, of
Runs with Scissors, a custom hand-guided machine-quilting business. She
presents programs to quilt guilds about copyright issues for quilters.
Contact her by e-mail at: quilter@caproductions.com.
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