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Copyright Your Quilt posted: 10/22/2003
by Maria Elkins Printable Page
Category: General Method: All
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  • A copyright protects the quilt you have designed
    Your original work is automatically copyrighted when you actually create or design your quilt. An idea that is still in your mind could not be copyrighted because it is not recorded in any concrete fashion. (As a side note, techniques cannot be copyrighted.) You can mark your creations with the © symbol (or you can write out the word "Copyright"), the date and your name. You do not have to register your creations for them to be copyrighted. However, registering your design will give you added protection as well as certain additional legal rights.


  • For your work to be copyrighted, it must be significantly original
    For instance, you could not copyright an Ohio Star block since it is very common. However, if you draft the Ohio Star block pattern pieces and write a description of how to construct the block, you could copyright that. In this case, it is not the block itself that is copyrighted but it is the instructions and illustrations. Your work must be unique and distinctive.


  • You may want to register for a copyright if you intend to publicly show your quilt on a regular basis
    Registering your original quilt makes a public claim to the design. If someone copies your design, you still have certain rights even without officially registering it but you will have to register for a copyright before you can file an infringement suit.


  • With a copyright you have rights protected by law
    A copyright gives you five specific rights.
    1. The right to reproduce the copyrighted work.
    2. The right to prepare works derived from the copyrighted work.
    3. The right to distribute copies, whether sold or given for free.
    4. The right to perform the copyrighted work.
    5. The right to display the copyrighted work publicly.

  • How do you register for a copyright?
    In one envelope, send:
    • A completed application form using black ink or a typewriter. For quilts, use form VA
    • A nonrefundable check or money order for $30 for each application (no cash). (Effective through June 30, 2002.)
    • At least one photo of the quilt you are registering.
    Mail these three items to:
    Library of Congress, Copyright Office, Register of Copyrights, 101 Independence Avenue, S.E., Washington, DC 20559-6000.


  • How long does it take for a copyright to be registered?
    The copyright registration goes into effect the day the Copyright Office receives all three of the items listed above. Send your application by registered mail so you will have proof of the date it is received. It will take a while for the application to be processed. Once the application is accepted, you will receive a certificate of registration. You will receive a letter or a call if they need more information or if the application is rejected.


  • How long is a copyright good for?
    Any copyright granted after 1978 lasts the author's lifetime plus 70 years after his death.


  • Where can you get more information about copyrights?
    Visit the Copyright Office Website at http://www.loc.gov/copyright. Or, you can speak to an information specialist at 202-707-3000 during normal business hours (Eastern Standard Time). You can also listen to pre-recorded messages 24 hours a day. For additional information on copyright issues you can subscribe to NewsNet, a free electronic mailing list. To subscribe, send an email to listserv@rs8.loc.gov with the message SUBSCRIBE USCOPYRIGHT.


  • Sources for more information
    Sources for more information on copyrights.
    (http://www.lostquilt.com/Sources.html)


Please note: I am not a lawyer. All information given above has been assembled from information contained in the resources listed here.

Copyright © 1999 - 2003, Maria Elkins, All Rights Reserved.
Reprinted with permission from LostQuilt.com
www.lostquilt.com

www.thequiltercommunity.com

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