by spendlove Moderator 09 Feb 2014

Copyright question. That rather nice tied heart pincushion could be a fun ITH project. The pattern is available from more that one source on the web so who, if anyone, can claim any kind of copyright to it? I've emailed one of the sources, but had no response as yet.

What do you think?

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by mrskiki 12 Feb 2014

I think this is way too much time spent on this. Draw your own pattern, digitize it and do as you wish. How can you copyright a heart?! While I agree with and abide by the copyright issues, in this case I think it does not apply. Hugs. Nan W

1 comment
rescuer by rescuer 12 Feb 2014

The heart shape cannot be copyrighted. The way it ties on top can. It is important for all digitizers to make sure they have the needed permissions -- if they choose to use someone else's idea.

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by spendlove Moderator 12 Feb 2014

I've now had a reply from the Guild of Quilters of Contra Costa County saying they would be happy for me to digitise the pattern they have on their website. Is that enough?

1 comment
rescuer by rescuer 12 Feb 2014

If they have given you permission to use their pattern from their legitimate website -- then that should be enough. I noticed there were many different ways to construct one as I was searching. I do hope they did what they needed to do concerning copyright. That said, it seems you have done what is expected of you.

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by AuntAnnie 09 Feb 2014

Here's some interesting reading...

1 comment
rescuer by rescuer 09 Feb 2014

Cuties , while this may be interesting reading -- please make sure you are not relying on a website for copyright information. You should read the copyright laws as they apply to your situation or consult a qualified attorney.

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by meganne 09 Feb 2014

Sue this pattern looks really familiar to me, from a time long ago (the 50's) when it was made as a carry purse or beach bag?
Perhaps some of the older Cuties will remember it as a bag too.
I will check my old Enid Gilchrist books tomorrow and see if that is where it is.
Hugs n roses, Meganne

4 comments
spendlove by spendlove 09 Feb 2014

You have stirred a vague memory in the dim recesses of my brain!

mops by mops 09 Feb 2014

Now that you mention it, i remember those bags. Funny how those old patterns turn up in a new, smaller ITH size.

mops by mops 09 Feb 2014

My cousin had one as a bridal bag, with a zip about half of the length of the triangle top, points sewn together and a fabric rose to decorate it. She got married in '58, so that pattern has been around for quite some time. I shortened her dress as she was rather short and used the fabric that came off to make that bag. Funny how it all comes back! I'll have to rummage through old photographs to see if I can find a picture. Can't ask her as she died at a quite young age, over 30 years ago.

meganne by meganne 10 Feb 2014

Sorry Sue, I couldn't find the pattern I thought I had, I guess some things just vanish over a 60 + year period. LOL!!!

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by rescuer Moderator 09 Feb 2014

I would look for copyright dates. The one attached has a 2006 date.
Although, the heart shape itself cannot be copyrighted as it is a basic shape. The tied bit may indeed be copyrighted.
Good luck with this!

PS I cannot go searching anymore as I found some very pretty pin cushions and I already collect too many things! LOL

4 comments
spendlove by spendlove 09 Feb 2014

LOL

mops by mops 09 Feb 2014

Quite a different way to do it, just a half square triangle and separate ties. Still the same idea.

jrob by jrob 09 Feb 2014

Thanks for not listing the pin cushion links. I know I would be so tempted!

rescuer by rescuer 09 Feb 2014

I can send the links to the cushions via PM if you like. LOL

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by pcteddyb 09 Feb 2014

I agree with Carol below..... I would think you could copyright the pattern you create (like the person in the link) but not the "idea" in this case. Each person puts their own spin on it - and as long as you did not print out someone else's pattern and digitize it as is you would not be infringing. The log cabin is a great example - a ton of people have created books, pattern, ITH designs, etc. of it - and bet not a one has been sued. I bet if you created an ITH design for the heart, you may not be the only one to do that either....

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by dragonflyer 09 Feb 2014

You are so right, Sue...when I first saw the pincushion, my first thought was, wow, this would be an easy ITH project...although nothing says you can't do it yourself for your own personal use is there?

1 comment
spendlove by spendlove 09 Feb 2014

Indeed. (The one I posted yesterday in projects was made ITH!)

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by dennis999 09 Feb 2014

I wonder if this is not a headache in the making. Since getting involved with the search in response to the original enquiry, I have seen or been directed to this design (including variations of it, i.e. the keychain) on several websites. Clearly, somebody out there can claim to be the originator of the design but finding the answer to that question may be where the headache comes in.
It is an interesting issue. We see many examples of various crafting ideas on our tv's (Katie Allsop being a classic example in the UK) but never a mention of the inventor/designer or copyright ownership. How do they get away with it, whilst we sit here ringing our hands over the issue? Answers on a postcard, please, to.......................................

5 comments
asterixsew by asterixsew 09 Feb 2014

Dennis please who do we send the postcard to?

spendlove by spendlove 09 Feb 2014

Good point, Dennis!

pennifold by pennifold 09 Feb 2014

Hi Dennis, I think you mean Kirstie Allsop - I loved watching her on the Home shows in England. I remember her one time making a cushion and sewing it all up from scratch, she is fun to watch and listen to. I also loved her in Location, Location, Location. I hope we can get a clear answer to this question about copyright. Love Chris

dennis999 by dennis999 09 Feb 2014

I've just had my wrist slapped by an Aussie! Now I know how the England cricket team must feel. Nothing like being slapped when you are already down.
But of course, you are quite right Mrs. P. I must have been thinking of that Middleton lady.

airyfairy by airyfairy 09 Feb 2014

I would agree with Dennis - a headache in the making

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by carolpountney 09 Feb 2014

HIi there Sue, yes your question is very interesting, I thought that once a pattern (sewing) is out there, there is no copyright, like say the log cabin square in quilting, there is no copyright on that one, I may be wrong, although I still would still not claim that pattern as mine, it would be very interesting to get an answer.

2 comments
spendlove by spendlove 09 Feb 2014

You are thinking along the same lines as me Carol. I hope we are right!

pennifold by pennifold 09 Feb 2014

Me too Sue, love Chris

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