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<pubDate>Wed, 4 Apr 2012 00:14:00 PDT</pubDate>
<title>What Quilting's Legal Battles Can Teach Us About Copyright</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120403/03532818345/what-quiltings-legal-battles-can-teach-us-about-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20120403/03532818345/what-quiltings-legal-battles-can-teach-us-about-copyright.shtml</guid>
<description><![CDATA[ <p>Last year Techdirt <a href="http://www.techdirt.com/blog/casestudies/articles/20110209/09043313026/case-study-leah-day-brings-free-to-quilting-world.shtml">wrote</a> about Leah Day, who was trying to introduce a free model to quilting -- apparently a bold thing to do.  Sadly, it seems that the ownership mentality is nonetheless spreading in her field, as she reports in this really <a href="http://freemotionquilting.blogspot.co.uk/2012/03/copyright-terrorism.html">excellent new blog post entitled "Copyright Terrorism"</a>:

<i><blockquote>Copyright issues seem to be cropping up with increasing frequency in the quilting world and I for one would like to try to stem this flow, or at least open your eyes, to the very real threat looming for our craft.
<br /><br />
What is this threat? Where is it coming from?
<br /><br />
It is coming from within our own ranks. Quilters with a certain penchant for copyright and legal wrangling are turning our open, creative craft into a mine field of rules, regulations, licensing, attribution, and copyright lockdown that it's enough to make anyone set down their rotary cutter and sell their sewing machine.</blockquote></i>

She then goes on to describe a recent case that perfectly summarizes the growing insanity beginning to infect the world of quilting:

<i><blockquote>The basic story goes like this: Emily Cier wrote a book called Scrap Republic for C&#038;T Publishing. Moda, a fabric manufacturer sent her lots of fabric for free to create the quilts in this book.</blockquote></i>

So far, so good.  But things got more complicated when somebody tried to build on that work -- which is precisely how art has always proceeded:

<i><blockquote>C&#038;T Publishing randomly flipped through the book and picked a photo of one of the quilts, enlarged the image and printed it on the front of an eco tote bag.
<br /><br />
Keep in mind, the fabric used in the quilts were obvious. The pieces they were cut into were large, making it very clear which line of fabric each quilt is created from. 
<br /><br />
The quilt used for the eco tote just happened to have been created using Kate Spain's Fandango fabric. Kate saw the bags and decided they violated her copyright of her fabric line.
<br /><br />
Kate Spain then initiated a lawsuit against C&#038;T Publishing and Emily Cier and demanded both the eco totes AND the books be destroyed.
<br /><br />
Now things get murky because on her blog, Kate Spain denies starting a lawsuit, but it's obvious on both C&#038;T's and Emily Cier's blog that a real, big, scary lawsuit was initiated. C&#038;T Publishing ended up taking the blame and came to some accord with Kate Spain.</blockquote></i>

Day then points out just what a mess this is if people try to think in terms of ownership:

<i><blockquote>Let's work backwards: the tote bag was printed with a PHOTOGRAPH which was taken by a photographer for the book. Whoever that person was, they aren't credited in the book.
<br /><br />
The QUILT was designed and created by Emily Cier.
<br /><br />
The FABRIC used in the quilt was designed by Kate Spain.
<br /><br />
Who really own the copyright?</blockquote></i>

She contrasts this mentality with the fashion industry, where there is no copyright (despite the continuing <a href="http://www.techdirt.com/articles/20110713/02573415076/its-baaaaaaack-yet-again-totally-pointless-unnecessary-damaging-fashion-copyright-bill-returns.shtml">attempts</a> to bring it in.)  There, creativity is not only blossoming in a way that is hard to match elsewhere, it has created a huge, profitable industry many times larger than all the copyright companies put together, as the well-known <a href="http://www.techdirt.com/articles/20100526/0039459578.shtml">TED talk</a> on the subject emphasized.
</p><p>
She points out where the current obsession with ownership is taking her field:

<i><blockquote>If we lock up this industry, we will lose something powerful, something essential, something that brought me to quilting in the first place: freedom.
<br /><br />
Freedom to play with fabric. Freedom to experiment with different shapes and layouts. Freedom to play with new techniques and materials. <b>We can lose the freedom to create.</b>
<br /><br />
Because if you have to check with 5 different fabric designers and the quilt pattern designer AND the free motion quilting designer in order to make your quilt, how likely are you to do it? Even the idea of asking, even words like "licensing," are enough to send many people packing. Off to find another hobby the lawyers haven't ruined yet.
</blockquote></i>

Finally, she offers her own vision of how things could be:

<i><blockquote>If you post something: an idea, a technique, a pretty picture, whatever, man up and give it away for free.
<br /><br />
REALLY free. As in copyright free - as in anyone can use whatever you post for ANY reason.
<br /><br />
What's the worst that can happen? Someone might teach your technique or idea. More people will learn it and enjoy it than you could ever reach alone. Is that such a terrible thing?</blockquote></i>

Several times in her commentary, Day raises another key issue: that of attribution.  As she points out, artists need their work to be attributed, so that people can give them credit, and maybe contact them to buy or commission more work.  It's the absence of attribution, not the absence of copyright, that can be problematic -- and not just for quilters, but also for the photographers that take pictures of their work, and the designers of fabrics that might be used as raw materials.
</p><p>
It's really a wonderfully rich post, which touches on many aspects of copyright and creativity, and I urge you to read it -- along with the forthright comments (already there are 142 of them.)  It provides another example, alongside the fashion industry, of a field that is currently flourishing without copyright, but that is under threat from those who have bought into the story that assigning ownership to something as insubstantial as ideas somehow promotes creativity, when in fact all it does is to shut it down through a creeping, paralyzing fear of infringement, as Day so vividly describes.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120403/03532818345/what-quiltings-legal-battles-can-teach-us-about-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120403/03532818345/what-quiltings-legal-battles-can-teach-us-about-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120403/03532818345/what-quiltings-legal-battles-can-teach-us-about-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>paradise-lost</slash:department>
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<pubDate>Thu, 10 Feb 2011 14:46:16 PST</pubDate>
<title>Case Study: Leah Day Brings Free To The Quilting World</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20110209/09043313026/case-study-leah-day-brings-free-to-quilting-world.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20110209/09043313026/case-study-leah-day-brings-free-to-quilting-world.shtml</guid>
<description><![CDATA[ <p>Having made an award-winning <a href="http://www.sitasingstheblues.com/">feature film</a>, the next logical step in my career would naturally be...<a href="http://blog.ninapaley.com/2011/01/31/earthtree-of-life-death/">quilting</a>. That's what my Muse says, anyway, and I've learned not to argue with Her. So, for the past 2 months, I've been learning how to <a href="http://blog.ninapaley.com/2011/02/08/flying-fish-new-sewing-machine/">quilt</a>, something I've never done before in my life (no family members nor friends quilt) but find fascinating.</p> <p>Starting from zero knowledge, the first place I sought information was the Internet. Easier said than done: quilts are poorly represented online. Art quilters are extremely cagey about their designs and techniques; online photographs of art quilts are scarce and those that do show up tend to be postage-stamp tiny.</p> <p>Leah Day is a happy exception to this rule. Through her web site <a href="http://www.daystyledesigns.com/index.htm">Day Style Designs</a>, she offers countless Free tutorials on quilting techniques, from the most basic (<a href="http://www.daystyledesigns.com/starchfabric.htm">how to iron and starch your fabric</a> - something this beginner found invaluable) to the most <a href="http://www.daystyledesigns.com/365difficultymainzadvanceddesigns.htm">advanced</a>. While other quilters cling to their designs and issue threats against copying, Leah goes in the opposite direction, sharing freely, inviting copying, and requesting (rather than demanding) links back to her site.</p><p>Leah specializes in Free Motion Quilting, a kind of drawing with a sewing machine. She is best known for her <a href="http://freemotionquilting.blogspot.com/2009/08/can-i-create-new-free-motion-filler.html">365 Free Motion Quilting Project</a>, a personal challenge "to come up with a new free motion filler design every day for a whole year."  </p><blockquote><em>A quilt is a piece of art and the free motion filler designs add an element of texture and thread to the surface of the quilt that nothing else can. A quilt is simply not a quilt without the quilting stitches. Think of the filler designs as texture created by a painter with a paintbrush. Only instead of paint, quilters are creating that texture with thread.<p>I searched for a book to teach me creative free motion filler designs. I didn't find one. Maybe I wasn't searching hard enough because when the idea of this project came to me, I couldn't get it out of my head.</p></em></blockquote> <p>Leah makes clear, short videos of creating the designs, which she posts on her <a href="http://freemotionquilting.blogspot.com/">blog</a>, along with photographs of the finished designs and the message, "<strong>Feel free to use this free motion quilting design in your quilts and send in a picture to show it off!</strong>"</p> 
<center>
<iframe title="YouTube video player" width="480" height="390" src="http://www.youtube.com/embed/xq_eZwNkzBo" frameborder="0" allowfullscreen></iframe>
</center>
<p>The quilting world is apparently rife with copyright bullying. Those sweet little old ladies (average age of 'dedicated quilters' is <a href="http://www.quilts.com/lbqf10/enVivo/">62</a>) issue threats against anyone who would copy 'their' designs, which consist entirely of un-copyrightable motifs like squares, circles and spirals. As long as neither the bullies nor the victims know much about copyright law, the quilting community maintains the fiction that ideas are property. </p><blockquote><em>The free model is very, very new to quilting. Most quilt patterns are covered by copyright, so you can't use the design for any commercial purpose. I can't make a quilt from a pattern and sell the quilt without first contacting the original designer for permission. I can't even show that quilt in a national show without permission. <p>And that's just for the quilt top design! The free motion designs can also apparently be copyrighted (which is insane). How can I copyright "Basic Spiral"? It's a spiral design! Spirals have been around for thousands of years! Am I the first to quilt it on a quilt? Heck no! I'm just the first person to give it a name and teach you how to do it.</p></em></blockquote> <p>Leah monetizes her work primarily through her online <a href="http://www.daystyledesigns.com/quiltshop.htm">Quilt Shop</a>, which stocks only products she uses herself daily. Although the selection isn't broad, it's a great strategy. As a beginner, her recommendations guided my initial purchases; I happily spent over $250 at her shop. If I need more quilting supplies, I'll check her shop first. I'd rather have sale profits benefit her than Amazon, and the prices are the same. That is fan behavior: I'm a fan of her videos, grateful for what she shares, and I want to support her. She makes it easy to do so, by selling supplies. It's <strong>Connect With Fans + Reason To Buy</strong> in action.</p> <p>Demand from fans also led her to publish an instructional <a href="http://www.daystyledesigns.com/bookdaisytopaisley.htm">book</a> and <a href="http://www.daystyledesigns.com/dvdbeginnerfreemotion.htm">DVD</a>. Even though all the designs in it are free on her blog, fans begged for a printed book they could keep next their sewing machines. Because she's connected to fans, she knows what they want, what will sell, and where to invest her energies.</p> <p>It is unlikely the copyright maximalists of the quilting world support themselves from copyrighting, or quilting. Quilts themselves are tremendously undervalued and underpriced:</p><blockquote><em>Even the purchase price at major shows (<a href="http://www.americanquilter.com/shows_contests/paducah/2011/general_info/index.php">AQS Paducah</a> is probably the biggest) is only $30,000. For the level of work and detail that go into quilts, it's pennies per hour. </em><p><em>This is why I don't sell my quilts. I have sold only 2 since I started quilting and even those two limited experiences taught me that this was a good way to stay broke and live frustrated. Making what other people want, rather than what I want, is not creative, it's slave labor.</em></p></blockquote> <p>Americans spend <a href="http://www.quilts.com/newHome/news/viewer.php?page=../../pressreleases/y2010/quiltingInAmerica">$3.6 billion on quilting</a> annually (yes, you read that right), primarily for quilting supplies and equipment, followed by conferences, classes, and workshops. Most quilters are affluent and retired. Presumably they cling to copyright due to control issues, not a need to make money. In contrast, Leah Day needs to make money - she is 27 years old and supporting a young family. Is it any wonder that she has embraced Free?</p> <p>The more fans Leah gets, the more sales she makes, and the higher her profile as an artist and teacher. In its first year, her online shop grossed about $140,000. Prior to the Free Motion Quilting Project, Leah was virtually unknown; she now leads a growing community of fans and customers. Says Leah, "Free is really what's put me on the map." </p><br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20110209/09043313026/case-study-leah-day-brings-free-to-quilting-world.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20110209/09043313026/case-study-leah-day-brings-free-to-quilting-world.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20110209/09043313026/case-study-leah-day-brings-free-to-quilting-world.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
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