QM: Heather Kubiak talks about copyright, trademarks and copyrights

October 27, 2017

She is wonderful. She started w I.88., so she had me from the beginning. It's a two hour class at 8am. Before everything starts. There are about 30-40 people here. 


She is going through the basics of c, tm, and p.  A lot of nodding in the audience.  She's really clear.  It would be great to have her answer questions.  She is giving really usable information.  


Now she is at copyright. She mentioned MQG and problems w what counts for originality. It would be interesting to follow up on that.  She is now explaining Feist; parallel, independent creation, and Section 106 rights. "It is not uncommon for two people to come up with the same design."   Distribution right includes donation.  She suggests that using a pattern, making a bunch of quilts for donation likely violate copyright.  She is now talking about derivative works. And the moral issues. She is suggesting that we all build on each other's work.  


Angry quilter upset about someone stealing her patterns.  Response: a lot of the stuff we make is not copyrightsble. She is giving an example of information in a class. You can teach the same procedures. Can't use the handout from Sue Nichols.  But there may be a moral element.  But nothing prevents from teaching the procedures.  Methods are not protected unless patented. 


Useful articles-McCall's pattern. What about quilts?  Wondering if she is doing aesthetic separability. Not yet. Idea/expression?  Not yet. Embroidery is not useful.  She did get to aesthetic separability. 


Public domain. She says it's the "mouse's" fault. She is giving pre1923.  Derivatives of PD works.  


Polka dots. Polka dots w ladybugs. Got pics. 


To enforce, you have to register. She's never registered a work. She can't imagine suing. When is it worth it? Mass producing quilts in china from quilt show. Infringement suit usually not the way. 


Fair use. The more you transform, more likely not violating copyright.  


I'm sitting here. Copyright is just not made for the general public.  It is so complicated. 


First sale doctrine.  Resell book ok. What about patterns?  Can give away the original pattern. She divides the line if haven't made a version.


Hilton case on kaleidoscope rugs. Ask her more about this. 


She talked about Pinterest. We need to do some more work.  She believes that you are giving all of your rights if you post on Pinterest.  Not sure I agree on this. 


She keeps talking about morals, which is social norms. Attribution important b/c lawsuits are filed over hurt feelings. 


Teaching copyright is impossible. I really give her credit. I can sit here but she is doing a great job. 


A felony to commercially copy more than 10 copies. Do we have instances of this in the quilt world?  


Just ask. Best policy. Before you do anything. How can I make this an opportunity? It's a great message. 


She also talks about royalty free images on Google. She suggests www.dmca.com.  Don't know this. 


Social norms. 

Hard law



Blue bottle tree flowchart. 


Then questions:  can I use the image of a pattern to advertise? Yes. But not bad to ask.  Technically versus social norms. 


Books out of print?  Share? Technically no. Maybe in the PD. 


Tracing an image to its source? Try your best. 


Closed Facebook group different? Yes. 


Licensed fabric?  Ask. 


They ask a lot about Disney. Really interesting. We should do some serious work on this. 


It's been a great two hours. She is weirdly ending on duration. 




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