quiltersmuse.com Blog

This blog is a continuation of an ongoing discussion about a quilt guild’s copyright problem. If you are just visiting the blog for the first time, please take the time to scroll back a few days to find out what is going on.

~~~~~~~

This morning, I visited some of the archived letters, online, of the Amador Quilt Guild, the California Guild that involved itself in a legal struggle with a designer over the use of her designs.

In January 2007, the president’s message stated, “The guild is confronted with a difficult situation … First, the artistic and creative capabilities of the guild are being challenged … We are reassembling all of the original artwork used to create the blocks.” She further states that a new quilt would be assembled by Linda Schmidt, and in the February 2007 newsletter she announced that a quilt called, “Water Music,’ had been prepared under Linda’s guidance.

An online list notes that the designer had given permission to use her designs but balked at them being used in the border. Yet another source states that there seems to have been no problem until the guild began offering patterns for the quilt at $65.00, or $70.00 for non-members, a pattern packet that apparently included copyrighted material. Reportedly, the guild has already earned back half of the $36,000. spent in legal fees.

What a sad and confusing situation! Of course, I have not heard directly from any of the parties involved. Why? Well, it seems that the court gave them a gag order not to discuss the case, as part of the settlement. The case was settled in October 2007.

That said, I suppose we will not know any more about this, and therefore, an opportunity to learn has been lost among dirty little secrets. No one whom I know has the full facts, and I suspect, never will have.

The only advice I can give to potential “opportunity quilt” makers in the future is to design your own quilt. There will be a lot more satisfaction in that process, at any rate. Perhaps the only way to totally avoid the mean spirited ways of designers is to boycott their products, and perhaps, even their classes and books, as some quilters have already suggested doing.

I can think of no other real solution other than to rely on your own creative and artistic impulses when designing and making any quilt. Alternately, you could find quilt blocks that are public domain material. For one, I’m disgusted that this whole sorry mess was ever brought to my attention. See what can happen when there are no clear communications (permissions) in place, in writing?

Misunderstandings can easily arise. In this legal case, the outcome seems to have been a lose-lose verdict, except for the benefit of alerting the rest of the quilt world to the kinds of issues that are currently arising. Those with the best of intentions can err in their eagerness to share creative works to bring a little beauty to the lives of others. On the other hand, the rights of designers should be respected, too. There has to be a happy balance somewhere in the mix.

Patricia Cummings

The person who originally reported about the copyright lawsuit in California has sent an update. Apparently, she is not a member of the guild in question.

Joanne writes:

Though I received the story directly from a member, it was I who concluded the problem came from an individual block. Since then I have read their archived newsletters and knowing the name of the plaintiff also viewed her website, I have concluded that the problem probably arose from the use of her quilting designs and then in an added layer of error the guild decided to sell patterns. They likely received permission to use the quilting designs but overstepped the permission when they wanted to sell the patterns. I have no proof of these conclusions, but that is likely why the quilt had to be withdrawn from any public viewing – it had overall Sashiko quilting.

My reaction to this note is one of surprise. I also wonder what is so special about any particular Sashiko quilting stitches. There are many traditional Japanese Sashiko stitching patterns, so why would these stitch units have been so unique that the quilt had to be confiscated?

I can see that this situation is probably more complicated than I had first thought.

As of just a few minutes ago, when I checked my e-mail, I had received no statement or answers to my questions from the plaintiff.

The only way any of us will “win,” in this situation, is if all the facts are put on the table so that quilters can learn vicariously from the mistake(s) surrounding what happened. It is unfortunate that this information was presented by the letter writer, before all the facts were known.

Joanne’s intention seems to have been to warn quilters to be aware that they do not infringe on the rights of copyright holders. She was using this lawsuit as an example of what can happen. I still would appreciate knowing the particulars from those “in the know.” If quilters can’t understand exactly what was done that is questionable, the lawsuit was an exercise in futility that simply appears odious and insufferable to those “not in the know.” Not understanding the problem may result in future, similar issues.

So, here we wait. I am ready and willing to correct the record at any time, and I always stand on the side of truth and justice. Your comments are always welcome.

Patricia Cummings

The title of today’s blog entry is brought on by a number of reminiscences. The first situation happened in the early 1980s. I was just coming out of a small town library on a sunny Saturday in summer. Across the street, a boy with a mean look on his face and a hose in his hand, was spraying his dog with freezing cold water. The dog was tied up and could do nothing but yelp in agony.

My first impulse was to cross the street and strangle the kid with the hose. I knew that if I did cross the street, I probably would be tempted to do so. Instead, I quietly got into my car, just about wretching from the injustice of the kid’s bad behavior. I wondered if he, too, was abused, and was taking it out on “man’s best friend.” I also couldn’t help but think that his parents or caretakers were deaf, or worse … not at home. Every time I think of that day, I continue to feel anger.

Kenny Rogers sings a song called, “The Gambler.” Part of the lyrics say, “Know when to walk away, know when to run.” Doesn’t that just about sum up what we all do? Like water, we take the path of least resistance. It’s always easier to look the other way.

The opposite of walking away is to “stay the course.” Ever since those words first were applied to keeping soldiers in Iraq, I could become ill just thinking of the three words, iterated and reiterated by politicians.

Another maxim I’ve often heard is to “pick your fights carefully.” Truthfully, some fights are not worth getting involved in, and some people are not worth engaging in a battle (of wits) … or arms. Unfortunately, that has never stopped me from engaging in confrontations, whenever necessary.

The older I get, the more willing I am to extend myself when it comes to issues that matter. A case in point is the copyright situation. Believe me, most quilters want to remain on the right side of the law. They want to make pretty, if not outstanding quilts. They want and need inspiration because most quilters are not designers. If they were, then designers would not be so special, nor would they have employment.

Except for the work of increasingly-resourceful quilters, without designers, newly-made quilts would utilize only traditional blocks. I’ve had more than one quilter tell me that she cannot make a quilt “without a pattern.” Quilters want a photo of a quilt on the pattern so that they can find matching or similar fabrics to re-create the design. If certain, specific fabrics are no longer available, some quilters become upset.

To me, and presumably to others, it seems “over the top” for a quilt designer to sue someone over the use of a block he/she designed. None of us would know quilting, as it is today, had it not been for early quilting bees and church groups where designs were freely shared, and where the camaraderie and friendship of other quilters often were more important than the quilts themselves.

Quilts are material objects made of cotton, wool, and silk – all products of the earth and God’s creation. The talents of any quilter comes from above. Lately, quilting seems to be more about money than about the sheer joy of creating practical, utilitarian, bed quilts, or artistically-rendered art quilts.

From where I sit, it appears that the desire for the acquisition of money is the driving force behind a lot of hatefulness in the quilt world, as quilt professionals of all kinds compete for the same slice of the pie: your dollars. True, money is a vehicle by which we live, but it also corrupts the soul and has the power to make one greedy. As is stated in the Bible – “The love of money is the root of all evil.” The statement is often misquoted as “Money is the root of all evil.” As far as I can tell, “money,” and the love of it, is what all lawsuits are about, no matter who is suing.

To sum up my thoughts, 1) I despised the sinking feeling I had when I saw a little boy torturing his dog with freezing cold water, 2) I am bothered by a system that continues to put troops in harm’s way, for unacceptable reasons, and 3) I find it distressing that the copyright laws are not better understood by quilters, designers, and the general public.

In the first instance cited, I jumped in the car and drove off. In the second case, there is something I can do, soon. I can vote for a president who will END our involvement in Iraq. In the third situation, to better understand the most recent copyright infringement lawsuit, I have contacted the complainant of the court case, in hopes that she will shine a light on what happened, “in her own words.”

Let the TRUTH prevail!

Patricia Cummings

This story is an authorized reprint of a post to an online list, written by Joanne Gasperik.

THIS IS A TRUE STORY. It involves an issue which strikes fear in the heart of every guild and should scare and caution every quilter. What is it? It involves proprietary laws of copyright and designs rights.

I received this information on December 26, 2007, first hand from a member of the Amador Valley Quilters of Pleasanton, California.

Three weeks before their April 2007 quilt show, the Amador Valley Quilters were slapped with a lawsuit by an national designer/quilter for ‘unauthorized’ use of a design. Apparently guild members thought they had asked for and received permission to use a design by this quilter in a quilt that contained twenty or thirty blocks from other quilters.

Though raffle tickets were already sold, the quilt basically was confiscated and could not be used of displayed in any way. A new raffle quilt had to be created and was designed by Linda Schmidt and stitched around the clock by her and some helpers in the three remaining weeks until the show. New tickets had to be printed and sold. Does anyone need this added stress?

The lawyer fees totaled more than $36,000. The guild was demoralized and their will nearly destroyed. Near bankruptcy, they considered dissolving the guild.

Donations continue to come to the guild from members and non-members alike, to pay rental fees, electric bills, and any other bills that accrue as guild members struggle to raise funds any way they can.

These copyright and design laws are all grey areas. There are no cut and dried procedures and answers. Only the lawyers gained.

If you take a class from a teacher: his or her creativity can be recognized! That quilt is NOT your original design.

It doesn’t matter that you’ve changed the colors, changed the shapes, or the size. Your quilt is not an original design. Get permission from the author and give credit for your inspiration…

~Joanne Gasperik~

The same is true of any creative media, whether it be a painting, a line drawing, a video, a photograph, a piece of music, a sculpture – in other words, anything that is created from scratch by someone else. As Joanne said, the law can appear to be fuzzy at times. However, if you are able to read through the fine print of copyright law, the basic tenet is that if an artistic entity is not your own, don’t create spin-offs and pretend that the idea is your own. Simply put, give credit where credit is due. This is one reason it is so important to label each quilt in a quilt show, stating whether it is an example of original work, or to whom the credit should go for the design.

Video About Copyright
Recently, a link was posted on yet another quilt list. This video of a talk about copyright by a Stanford professor is thought-provoking, succinct, and downright entertaining.

More about copyright law and quilters: please visit my file at the Quilter’s Muse website.

If after reading and viewing these files, you still have questions, consult an attorney. Most states have a program titled, “Lawyers for the Arts.” A participating attorney will advise you about how to avoid snafus that could open the door for a lawsuit.

These days, it is a modern absurdity that everyone wants to sue everyone. In this case, as Joanne points out, no one ever really “wins,” unless perhaps if the termination of the use of a design is of paramount importance. Needless to say, this subject of copyright provides a lot to chew on, and in fact, attorneys can choose “copyright law” as their major course of study, as have three of my cousins.

Since I realize that there are two sides to any story, I have been in contact with the person said to be the designer in question, to ask if she could tell us more. I feel it is my job to keep you informed, and it is only fair that “the other side” be given a chance to explain the situation. I hope to hear from this person and will post any further information here, as it becomes available. In the interest of peace and understanding, I hope there are lessons we all can learn from this most distressing event.

Patricia Cummings

While growing up, I always looked forward to my mother’s baking of the traditional Austrian sweetbread called “Stollen.” At Christmastime and at Easter, she would prepare this treat that takes hours to process. This afternoon, it being a snowy day, just two days after Christmas, I decided to bake. The recipe for Stollen has been on our website forever, it seems, but until a few minutes ago, there was no photo. Thanks to Jim, you can see my Stollen.

To learn how to make Stollen, visit the Recipe section of our website, or click on the link in this sentence. From our house to yours, enjoy!

Patricia Cummings

The exact origins of the phrase “pin money” seem a little sketchy. One online source reveals that pins were expensive in the 14th and 15th centuries and were sold only on the first two days of January. Presumably, women would have “to save up” for them.

The expensive French pins that one of King Henry VIII’s wives brought to England necessitated an special expense account, according to another online source.

The term “pin money” in the United States commonly means the amount of money doled out to a wife, by a husband, to provide for her personal spending.

In 1912, Henry G. Freedman, Jr. set up a trust account with his two million dollar estate. The trust calls for giving a stipend of $12,000. per year to the First Lady for her own and absolute use … for pin money, after all his other heirs died. Stirring his wish to endow this money was a conviction that presidents did not make a large enough salary.

The first president’s wife to have been awarded the amount was Barbara Bush. Hillary Clinton gave the entire sum to charity.

“Pin money” is a rather antiquated term. With the rate of spending, by quilters alone, touching billions of dollars each year, money to cover the cost of pins is a drop in the bucket. After all, quilters have to buy fabric, threads, fancy fabrics and embellishments, stencils, calendars, memberships, magazines, classes, retreats, long arm machines, notions and gadgets, batting, quilt hoops and frames, books, quilt show entrance fees, and yes, needles and pins.

Patricia Cummings

The importance of the Christmas tree and the fact that, for many, it represents eternal life, has me thinking about a poem written by Joyce Kilmer in 1913, first published in 1914.

The title is simple: “Trees.” I learned this poem in grade school and it is one of the most remembered and beloved pieces of American poetry. Kilmer was born in 1886 and served in the 69th Volunteer Infantry Regiment in World War I. He was killed in the second battle of Marne, France in 1918 but his poetry is lasting.

Trees

I think that I shall never see
A poem as lovely as a tree.

A tree whose hungry mouth is prest
Against the earth’s sweet flowing breast;

A tree that looks at God all day,
And lifts her leafy arms to pray;

A tree that may in summer wear
A nest of robins in her hair;

Upon whose bosom snow has lain;
Who intimately lives with rain.

Poems are made by fools like me,
But only God can make a tree.

Many artists have chosen trees as the focal point of their work. I enjoy trees in all seasons. My favorite ones would have to be Birch, Oak, and Balsam Fir. When I think of Birch, I recall Robert Frost and a book I have entitled, “A Swinger of Birches.” When I ponder the Oak tree, I think of all the acorns it provides to animals. The Balsam Fir has an irresistible smell on which one could become inebriated with Nature. That tree is the very essence of Christmas. Trees for shade, trees for fresh air, trees for fruit and nuts, trees for Christmas — No matter what kind, all trees are wonderful!

Patricia Cummings

From: Mike Pilon, President, MapMuse Inc.

To: Patricia Cummings

Hi Pat,

I came across your website while looking for a recipe for Tourtiere. It was a traditional dish my Mom made every Christmas eve. I am going to start to make it for my family as well.

Anyway, your website name of course caught my attention since it is similar to mine. We also have quilting information you might be interested in, so I am passing along the links to our quilt shop map and other quilting related places.

Please Note: I have replaced Mike’s long url with a “tiny url” that is easier to handle. Here’s the link:

http://tinyurl.com/3xedxv

Merry Christmas!

Mike

__

Michael Pilon, President
MapMuse Inc.
1326 14th St. NW
Washington, DC 20005
v 202-387-3857
f 202-387-3245
Latitude 38 54.49′
Longitude 77 01.92′

Dear Mike:

Thanks for the nice note and links. Merry Christmas to you!

Patricia Cummings

One of my dictionaries describes the word pie as: a baked food having a sweet, savory, or meat filling, prepared in a pastry-lined pan or dish and often topped with a pastry crust. Alternately, the second definition mentions a layer cake with a filling of cream, jelly, or the like, (like Boston Cream Pie that is really a cake?).

When I think of pie, I think of New England. My mother was one to bake the most delicious apple pies I have ever tasted. She’d get real fancy about the process, too, making extra dough so she could cut out shapes of mini-apples to apply to the top pie crust for decorative purposes. Her specialties were apple pie, pumpkin pie, cherry pie, and mincemeat pie, and with a big family, she make all four kinds during the holidays.

I also developed a great fondness for the “roly-polys” that she would make by rolling out the extra dough and slathering it with butter, sugar, cinnamon and then doing just what their name indicates: rolling the dough up and slicing small units to bake. They would always be done before the pies and I’d hang around the kitchen to get first chance at them, so hot from the oven, they’d burn, but were oh so delicious!

Pie bespeaks of what a Yankee does. Listen to this definition:

To a southerner, a Yankee is anyone who lives north of the Mason-Dixie line. To a northerner, it is someone from New England. To a New Englander, it is someone from Vermont, and to a Vermonter, it’s someone who eats apple pie for breakfast — with a knife. (Original source for quote unknown).

As my husband, Jim, said on one of his food recipes, we like to eat pie for breakfast (doesn’t matter which kind), but we prefer to use a fork!

This brings us to the word, “Yankee.” Curious as to its etymology, I searched for its origin. According to one source, the word probably derived from “Janke” – a Dutch name that was in current use beginning in the 1680s. It can mean “little Jan,” or “little John.” The first recorded use of the word “Yankee,” as an umbrella term, was in 1765, when it was used to refer to anyone living in New England.

The term has undergone significant transformations over the years and has been, in turn, both derisive and affirmative.

Whenever I think of any words, my mind tries to recall instances of usage. In this case, the first association I remember is Mark Twain’s novel, A Connecticut Yankee in King Arthur’s Court, in which the 19th century protagonist from a small Connecticut town is transported back to the time of King Arthur (528 A.D.)

Another reference to “Yankees” is the abbreviated form “Yanks.” This appears in the chorus of the song, “Over There,” — “The Yanks are coming, the Yanks are coming…” The lyrics and the music were both written by George M. Cohan in 1917, at the time of World War I.

Before that, during the Civil War, anyone who supported the Union was considered to be a Yankee. There have been “proud Yankees,” and there have been “dam*ed Yankees,” and there are fans of the “Yankees” baseball team. Of all of them, I’m happy to report that I’m one Yankee who is going to have a piece of Mincemeat Pie for breakfast. Please pass the whipped cream.

P.S. The Museum news report is still in the works … stay tuned!
Patricia Cummings

Recently, I began writing about textiles from Uzbekistan. An eBay seller, uzcraft777, lives in Bukhara and has hundreds of Uzbeki textiles available for sale at any given time. He specializes in antiquarian items like skullcaps, small beaded and tasseled bags, embroidered tent bands, suzani (embroidered wall hangings and pillow covers for dowries), and chapan robes, among other goods.

Reading his listings is like reading the history of a people. The only “koshukdon” I’ve ever seen listed is the one that “Santa” is bringing me. It was made in 1910. Ok, so what is this item? It is a tasseled bag that once hung in a “yurta” (a kind of portable, nomadic, tent-like dwelling).

A “koshukdon” made in 1910 once held silverware in a yurta dwelling.

Once a part of Russia, Uzbekistan was located on the once-famed “Silk Road.” As far as I can determine from what I’ve read, the countryside is kind of desolate, but has some fine art, architecture, and places to sightsee, in the bigger cities.

I love reading about places I will never have the chance to visit, in person. If you’d like to learn more about textiles from Uzbekistan, please visit my online file, and also consider visiting the Antiquarian Textiles store on eBay.

I was so enchanted by the muza boots I acquired, I ordered a tambour hook to try my hand at the Begizi Kor hook type of chain stitch as was used in making the boots. So much to learn about textiles in a lifetime, and so little time. I hope to have whetted your appetite to learn more, too!

Patricia Cummings