Copyrights and an Update

Something was said during one of my online quilt groups few weeks ago that really got me thinking.  I quilt with some excellent quilters and a lot of them are commissioned to make quilts for organizations, as well as enter their quilts in major contests (as well as bring home the ribbons).  One quilter discussed how she was making a Winnie the Pooh quilt for a contest and told us she could freely use all the characters from the Hundred Acre Woods because they were all old enough to fall in the realm of Public Domain…except Tigger.  He was introduced later and is not public domain.  The quilter would have had to receive permission to use Tigger, and since that is a bit of  a hassle (and usually the answer is “No”), she wisely opted to leave the striped-tiger-wanna-be out of the quilt.

Well, that conversation spun around in my head for days.  My thought went back to a small quilt I made several years ago (and is still in my possession) featuring the book Charlotte’s Web.  I used all the images of the animals, as well as Charlotte, on the front of the quilt, but never thought about public domain at all.  Since the quilt still lives with me, I think I’m safe, but if I had decided to sell the quilt, I could possibly face some legal issues.  So today, I would like to briefly go over exactly what public domain is so we can continue to make wise quilting decisions. 

Briefly, public domain covers any work published prior to January 1, 1923.  These works are no longer protected by copyright.  The rules get a bit murky for works published between 1923 and 1978.  Those are a little more complex and several factors must be reviewed to determine the copyright status of any work created or first published during this period.  But this means that all those old quilt blocks we love so much are all public domain.  We can use them freely and without fear of any legal repercussions.  However, if they are used in a pattern we purchased, again the situation gets murky.  While the blocks are definitely public domain, the directions for the pattern are not.  This means if we make the pattern and plan to sell the quilt or make the quilt as a raffle quilt, we need to receive permission from the quilt designer.

Today, a copyright lasts for the entirety of the creator’s life plus seventy years.  The copyright protects against unauthorized copying or other use of various types of creative works.  Works eligible for this protection under copyright include patterns, diagrams and instructions for making quilts, written materials that talk about quilts and the making of quilts, and quilt designs, regardless of whether those designs appear in a pattern or diagram for the quilt, in a software program that lets the user make the quilt, or in the quilt itself. 

For most quilters, this isn’t something we need to worry about if we’re making any quilt for ourselves or intend to give the quilt as a gift.  No money is exchanged.  However, if there are plans to sell the quilt or use the quilt as a raffle quilt, permission from the designer should be sought.

For us applique quilters, a bit more research may need to be done, as we tend to use flowers and figures and all sorts of things in our applique.  My Charlotte’s Web quilt?  Well, it’s a good thing I’ve never decided to sell it.  EB White didn’t publish the children’s classic until 1952.  However, let’s say you wanted to make a quilt with the characters from Peanuts.  Various characters have been introduced over a period of years.  How do you know which ones fall into public domain and which ones are still copyrighted?  The best piece of advice I can give is to research each character.  And in the case of our beloved Snoopy and his cohorts, they will not fall into public domain until 2071.  They were created in 1950 and Charles Schultz passed away in 2000.   But Sunbonnet Sue?  Use her freely.  She’s public domain.

Okay, quick update on me.  As you are reading this I have had my third chemotherapy infusion (four more to go).  My first one went pretty well, but I was really sick with the second one.  I have one every other week and for the first six days after the infusion, I’m super tired and sick.  The good news is the doctors have given me good meds, but sometimes even they are not enough.  Friday I found myself back at the hospital suffering from dehydration.  The doctors changed up my meds, so they work more effectively, and things are better.  I’ve lost some weight (54 pounds).  My hair is falling out – not chunks at a time but I find several strands on my pillow in the morning and in my comb.  My energy levels are below average to super low.

But this, too, shall pass.  The good news is my oncologist told me I’m in his top 1% of patients tolerating and responding to this type of chemo for pancreatic cancer.  My infusions literally last three days.  I have two at the hospital on Wednesdays and then one comes home with me.  It’s attached to me by a super-hip fanny pack and I get disconnected from it on Fridays.

My guild – God bless them – have worked to have our meetings Zoomed so I can be “there” even if I’m not there in person.  I’ve received cards, food, visits and sweet messages of encouragement.  Keep the prayers and good thoughts coming.  They mean more than I can ever express.  Through this situation I’ve realized something very important.  No matter how bleak the situation is, there is still good in this old world.  People, overall, are kind and good-hearted and helpful.  And we are all more alike than different.

Until next week,

Much love and stitches,

Sherri and Felix

PS – My infusions are early on Wednesdays.  During this time, I will still publish a blog, but it may not be posted until late Wednesday afternoon.  Just keep an eye out – I promise the blog will be up.