12.30.07
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 I have no proof of these conclusions, but that is likely why the quilt had to be withdrawn from any public viewing - it had overall Sashiko quilting.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
Permalink
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
Permalink
12.28.07
Posted in Copyright at 1:22 pm by Administrator
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
Permalink
Next entries »
