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Original designs for today's busy quilters
We’ve all chuckled over the quote, “my only purpose in life is to serve as a bad example to others” Well, some wonderful folks on this earth also serve as good examples. This post will be a “catch them doing something right” and showcase the correct way to assign design credit.
We’ll start with some bloggers. Here’s a link to a post on Ouvrages d'une Acadienne blog, where author Joan properly displays and credits a quilt made from one of my patterns. Note that she has listed the designer name, the original name of the quilt, and provided a link back to my site. Well done, Joan J On this post Scrapmaster Linda shows a picture of a Maritime Beauty she made, along with the name of the quilt, the designer, and contact info. Thank you, Linda; it’s always a pleasure to see your beautiful work. Way over on the other side of the world in Australia, this recent Christmas post includes credit and contact information on the book in which this small apron was patterned. Jennifer from Bronze Wombat did all the leg work for you, and linked the exact page pertaining to the book on my site, not just the general website address. (Perhaps it is no coincidence that Jennifer ends her posts each time with a quote from a book on etiquette! She has good manners.) There are lots more examples I could share, but in the interest of brevity we’ll leave it there. Thank you to all the bloggers who respectfully and creatively present material for our enjoyment. Here is a gold star for you!
There are also a couple of commercial quilt sites which stand out as deserving mention. One is the Quilts For Sale site; this message greets you as you arrive, and is posted as a reminder on the bottom of each page: “The designers hold all copyrights to their work. Artwork may not be reproduced in any form without the designer's permission.” From first-hand experience of being contacted, I know that the quilters selling their work on this site DO indeed ask the designer for permission to sell a quilt made from their design. Business owner Maria Hrabovsky tells me that it’s the responsibility of each quilter to secure permission and send her a copy of the letter before the quilts are shown on her website. With Maria’s permission, here is a sample of how she lists a quilt for sale. If you click this link, you will see a picture and name of the quilt – in this case, the 12 days of Christmas. The quilter’s name, June Messenger, is there with a link to more information about June. Next is quilt designer Michele Crawford’s name and website address, and affirmation that the quilt is being sold with the designer’s permission. On The Quilter’s Net site you will see the same thing. Clicking this link shows a quilt made and offered for sale by Deanna B. Owner Bev Crouse ensures that the original name of the quilt is kept intact, and design credit is properly assigned. “Weaver Fever quilt made is made from a pattern designed by Jackie Robinson of Animas Designs. Permission to sell this has kindly been granted by the designer.”
Maria and Bev both get a gold Feathered Star for showing us how professionals assign credit correctly.
So how did the magazine get permission to share the designer's instructions in the first place? Speaking from the perspective of designer (and thus copyright owner) I would like to explain the various ways books and magazines are given permission to publish patterns. In previous posts, we discussed RIGHTS and began by saying that the creator of the original design (and all derivatives) holds the copyright to the design. He or she can decide how to assign those rights. It's different than selling a pattern to an individual; in that case, the individual purchases the pattern for their own personal use and is not allowed to copy or share the pattern. Books and magazines are different because the publisher needs permission to copy and distribute the pattern. To do this, they purchase the RIGHT to do that. There are various standard agreements an author can make with a publisher; one can sell ALL RIGHTS, FIRST RIGHTS, ONE TIME RIGHTS, or SIMULTANEOUS RIGHTS. When I began publishing in magazines in 1989 my very optimistic goal was to be in every quilting magazine on the market. I soon learned that some magazines offer contracts which did not appeal to me and for that reason I have not worked with them. In a nutshell, if a designer sells ALL RIGHTS to a magazine it's just what it says - ALL Rights. The designer no longer owns the copyright to the design and would have to then abide by the terms of use set by the publisher, the same as everyone else - including not offering the pattern for sale. I object to selling ALL RIGHTS because it feels like selling a piece of my soul, and even though I have done it a couple of times to get my work in books (or on covers) it isn't anything I favour. I usually sell FIRST RIGHTS OF PUBLICATION. This means that the magazine purchases the Right to publish the pattern before anyone else, including me. When the magazine goes off sale - usually 3 months is the term on the contract - then the Rights revert back to me, and I can print and sell the pattern myself. There are several patterns for sale on my website which have previously appeared in magazines. If the issue sells out and is not available as a back issue, then this allows someone to legally purchase the pattern without photocopying the magazine (which is illegal). My Selvedge Tote, published first in McCall's Quilting, is a good example of this. The pattern has been hugely popular, and the magazine quickly sold out so no back issues are available. After the Rights reverted back to me, I had the patterns printed, adding a selvedge gadget bag, and offer them for sale on my website. If I had not done this, one of 2 things would have happened: either the pattern would not be available at all, or folks would illegally photocopy and share the instructions from McCall's Quilting (in other words, I've saved you from a life of crime! :) If a magazine (or book) wants to offer a design which has previously appeared in print obviously they can no longer buy First Rights. This time they purchase One Time Rights. It allows them one printing of the pattern, and then the Rights go back to the creator. Simultaneous Rights is a trickier deal, this means that both a publication and the individual copyright holder are sharing the Rights to print the pattern...and both can have it for sale at the same time. Confusing? Here are some examples from my own experience (please overlook the weird colours in these shots, they were done late at night under artificial lights): this is Starry Night. I designed this quilt to enter in a contest run by The Nova Scotia Museum in 2000. It won me tickets to the Ship's Company Theatre in Parrsboro.
It's a pretty quilt, unusual in that it is sewn using all solid fabrics. I decided to submit the design to a magazine, and Quilt World purchased First Rights of Publication (First Rights, because I had not yet published the pattern). They featured the quilt on the cover of their July 2000 issue.
About a year after this, I decided to offer the pattern for sale myself, and had it printed and packaged for sale. It is available in stores and on my website.
In 2003, Leisure Arts contacted me to ask if they could include Starry Night in a book they were doing, entitled Through The Year Quilts. They wanted to purchase All Rights, but I didn't want to do that, so we agreed on One Time Rights Of Publication. This meant I could continue to sell the pattern on my own, and if their book went into a second printing, we would need to sign another contract for One Time Rights. I am glad I did this, as they featured the quilt on the book cover.
Here's another example of how things work. House of White Birches published Scrap Quilting Made Easy and included 3 of my designs in this hardcover book. (Two of them are pictured on the back cover) I sold ALL RIGHTS to these designs. Several years later, they decided to do a "best of" soft cover version (shown on the right) which included all three of my patterns. Because they owned ALL RIGHTS they didn't need my permission to do this, but they were kind enough to offer a royalty payment for use of the material. A royalty is a payment made by one party (the "licensee") to another (the "licensor") for the right to ongoing use of an asset. They determined that using the designs a second time constituted ongoing use. We mostly hear about royalty payments made to actors for TV shows which go into reruns, and it's the same idea - ongoing use.
In addition to selling off various aspects of a copyright, one can also sell a license to use a design. The Disney characters you see printed on fabric are an example of a license. Disney has not sold the copyrights to the character to the fabric company, they have awarded them a licence which permits the characters to be used without penalty. On the other side of the table, I had to purchase a licence to pattern my Anticipation quilt. The Anne Of Green Gables Licensing Authority keeps tight control (rightly!) over the usage of Anne and one needs approval and a licence.
There is a cost involved in all of this; I paid a flat fee upfront for the license and am required to submit royalty payments on the sale of each pattern (an ongoing activity). This is why the pattern retails higher than the others...and why that fabric with Disney characters costs more. The licence fee is reflected in the price.
Book publishers do not always obtain control of Rights; sometimes they seek permission to print the material on your behalf without purchasing the copyright. Diane Shink and I continue to hold the copyright to the material in our book Canadian Heritage Quilting. Like most book authors, we receive royalty payments from the publisher.Because of so many options available for the correct publication of copyrighted material, you are probably asking yourself how you would know who owns what or how you are supposed to proceed. Easy. Look in the front of the book or magazine. Read the terms of use. If you cannot find the answer to your question, find an email address or a phone number and contact the publisher to ask. You can also find contact information quickly through a Google search. The publisher can tell you who owns the copyright and who to contact for permission to use the design for commercial purposes, or for display in a show. If you are unable to make contact with the publisher, then get in touch with the designer. He/she knows what the agreement with the publisher is. It really doesn't matter to you who owns the copyright - all you need to remember is that if it isn't you, it's someone else...and you need permission to use their work.
As I held the copyright on the original design, I was fully within my rights to do this. So...does this mean that no one can ever improve upon a design that's already out there? Nope. But you need to obtain permission to do so. Look back to this post; I was asked and gave permission for my New York Roundabout design to be translated into a hooked rug. It's beautiful, and I can't wait to see it finished. I am delighted that Kate shared her work and had the good manners - and even better sense! - to ask. A copyright holder can grant permission (usually as a license or assignment) for you to use their original idea in your work. If you do not get permission, you are infringing on the author's copyright. It gets tricky deciding what's a derivative and what's a brand new design. I've often heard it said that something must be 10% new to qualify as copyrightable...but in the stacks of articles I've read in the past few weeks, I have not come across anything that says that at all. I expect that's unsubstantiated rumour, so don't trust that thinking. Often guilds making raffle quilts as fundraisers will take part of a quilt design that they've seen in a magazine and change the border, claiming it's their own design and not needing to be credited. This is untrue. That constitutes a minor change and credit for the original designer's work must be given. Frankly, I never understand why that's an issue; is it so hard to say "inspired by..."? Inspiration is wonderful - it bespeaks creativity and thinking outside the box - so embrace it, and run with it...just as soon as you are given the ok to do so. In my mind, stating the source of your inspiration shows good manners if nothing else and certainly creates goodwill within the quilt community. Giving credit where it is due is a good thing.
In order for your derivative work to receive its own copyright, it must be different enough from the original to qualify as a new piece of work. Simply making minor changes to an original, copyrighted work does not constitute a new derivative work under copyright law. In February, I discovered a quilter in Australia had made my Oriental Beauty in a different colourway and changed the name to "It's Not Christmas". She claimed design credit for the piece, sold the patterns, and taught it at workshops around her country. If you look back to the examples of Maritime Beauty above, you will see that changing the colour does not change the piece. As for changing the name, this is also an area of concern for designers and something quilters need to be aware of. Many designers will write in their terms that the name of the quilt cannot be changed - it has to stay as published. Why is that? It goes back to the Moral Rights discussed in yesterday's post. Moral rights allow the author to take certain actions to preserve the personal link between himself and the work. I encounter this issue often when someone makes one of my patterns and renames it to give personal significance; let's say they made Farrago and renamed it Aunt Jane's Biscuits. They (correctly) post a link to my site but when the person arrives looking for the pattern for Aunt Jane's Biscuits they don't find it because I have no quilt named that. Renaming a quilt does not allow the designer to preserve the personal link between him/herself and the design. More and more I am seeing designers add a note to their copyright rules insisting that the name be kept intact. For myself, I would be fine if the quilt made from the pattern was give a by line such as..."Farrago: Aunt Jane's Biscuits." I think that would satisfy both the need for the link and yet allow the maker to add a personal and meaningful stamp to the quilt.
For the variation of my New York Roundabout quilt which I found on the website of Fabric Stash in Mass. before Christmas, the maker had changed the block slightly using 5 spikes instead of 6. She told me on the phone that was how she was making it her own design (nah ah - you were making a derivative design, Lois...) She also confessed that she had photocopied the New York Beauty block she used from a book and was distributing that photocopy with her pattern. Eeek...double no-no. That's where tomorrow's post will start: using what is published in books and magazines.
This was a very long read; if you've made it this far you've done great, and I thank you. Each of these posts takes more than a day to write so sadly there is no quilting happening here. Polly isn't very happy about this.