Copyright: Quilts and More
by Patricia L. Cummings
photo by James Cummings
If you did not originally draw it, design it, craft it, photograph it, quilt it, sing it, sculpt it, write it, produce it, manufacture it, etc., then you may be violating copyright law if you do not get the permission of the original creator of an artistic or creative work before you reproduce that work.
Some thoughts:
1) Shapes can not be copyrighted. A circle is a circle, a square is a square.
2) All works of an individual are automatically copyrighted, but may also be formally copyrighted with the Library of Congress for a fee. Waiting time for copyright clearance, right now, in 2009, is about one year, due to the heavy volume of requests.
3) Multiple items may be copyrighted at the same time: for example, songs submitted at the same time, as a collection; or a photo collection; or a series of new quilt patterns.
4) Whenever a quilt is placed in a public venue, such as a quilt show, there is an expectation that the item may be photographed and that the photo(s) may be printed in a public fashion, within a critical review. If photos are disallowed, at a quilt show or gallery or museum, for whatever reason, that fact should be made known to all visitors, in a prominent manner.
The law considers it "fair use" for materials to be used within an educational setting such as high school and university classes.
If you have any question about copyright law, you should consult an attorney. Most states, if not all of them, have a "Lawyers for the Arts" program in which artists are allowed a one-time, reduced rate visit to have any general questions answered.
The Internet has been something of a free for all. I was surprised to notice that my song files have shown up on a Russian site. For me, it is not an overriding concern, especially for files such as folk songs that may be helping others to understand our culture, historical background, or even, the correct pronunciation of English words.With worldwide access, people in other countries sometimes have little copyright regulation, although some are governed by international copyright jurisdiction.
Attitude is everything, as is a spirit of sharing, rather than money-grubbing. If I were concerned about making money, I would be in a different field altogether. Most writers and artists make diddly-squat for income. One has to know why one is pursuing any course of action. For me, it is a lifelong dedication to Education.
Carry on.
Additional Statement on June 24, 2009
“Concept: n. an abstract idea; a general notion. Origin mid-16th century, from Latin conceptum ’something conceived’.” - The New Oxford American Dictionary
Someone currently claims to have copyrighted her "concepts." Only TANGIBLE OBJECTS can be copyrighted, not concepts. People do get so carried away in making grand claims of copyright. Concepts, while still in your head - and that is what a “concept” is (a thought) - can NEVER be copyrighted. I just want to make sure that everyone realizes that basic fact. You can copyright a vase; a drawing, (but not a geometrical shape); a poem, a musical score, etc. - but a concept, one cannot copyright. If in doubt, check with an attorney.
All we can do is make suggestions. I am sure it is up to any website owner to take precautions in proclaiming wild statements about copyright that are simply not true. Wild allegations only prevent the true intent of the copyright law from working properly, and make the law seem like a joke, when it is not.
Patricia Cummings
Copyright 2009. Patricia Cummings, Quilter's Muse Publications, Concord, NH. All rights reserved.