12.30.07
Posted in Copyright at 2:26 pm by Administrator
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.
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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
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Posted in Copyright at 3:15 am by Administrator
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
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12.29.07
Posted in Copyright, Musings at 7:13 pm by Administrator
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
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