What to Know about Copyright Laws and Quilters

by Jillynn Stevens

You might not think much about copyright law and quilters, because quilting is considered a classic folk art. However, in the quilting world, copyright infringement is a hot issue. In the past, quilters passed around copies of patterns to other quilters. Much like illegal music sharing, the Internet has drawn more attention to the unauthorized use of patterns, because it's now a detectable offense. Everyone loves a deal, and scoring free patterns from your friend or quilting group is no exception. To keep you on the right side of the law, there are a few things you need to know about copyright law and quilters.

Reconciling Copyright Law and Quilters 

According to the US Copyright office, the law protects original work from being "reproduced, distributed, performed, publicly displayed, or made into to a derivative work without the permission of the copyright owner." Works created more than 95 years ago are often considered to be in the public domain. Many traditional blocks are much older than 95 years, but the only way to know for sure about a specific block is to check a comprehensive book, such as the Encyclopedia of Pieced Quilt patterns by Barbara Brackman. If you want to use a newer pattern, you must ask permission of the owner.

Many old quilting patterns such as the Ohio star or the wedding ring are out of copyright, so you can use them without permission, as well as share them. Although basic quilting and stitching techniques are also considered common knowledge, innovative, new techniques are subject to copyright law. The same applies to written descriptions of techniques; in this case, the written word is what is copyrighted, not the technique itself.

What can you do when you Buy the Pattern?

When you buy a pattern, the publisher has paid the fees for the use of the pattern. Buying a copy entitles you to use the pattern to make quilts for your own use, for gifts, for display in your home, or even for sale in limited quantities. While the copyright police won't show up at your door if you give a copy of a pattern to a friend, you are technically in violation of the law. If you make an item from a pattern and want to display it in a show or a public place, you are supposed to obtain permission to do so.

There are certain "fair use" provisions that allow teachers in educational institutions to distribute copies of patterns to their classes. Fair use provisions also allow newspapers to publish a picture of the quilt as long as they acknowledge the artist. Before assuming that the fair use doctrine will cover you, it is best to get clarification from the U.S. Copyright Law website.

Creativity vs. the Law

Even though some copyright issues are fairly straightforward, they become harder to interpret when dealing with creative endeavors, like quilting. Using a quilt for inspiration to create your own design is permitted. There is no clear rule as to how much your design must vary from the original to be safe from copyright infringement; however, just changing the color scheme or making a few minor changes might not be considered enough difference.

Some people may dismiss the issue, thinking that quilting isn't important enough to be a concern of the government copyright office. However, once you start making your own designs, it is easier to understand why it's important. You wouldn't want your work to be indiscriminately copied and distributed for free without payment or permission. It's important to afford others the same respect.

Don't ignore the issues surrounding copyright law and quilters. Just remember that it's always best to buy a pattern or create something entirely your own, rather than risk breaking the law.