I based a quilt on a photo.....Copyright question
 

I based a quilt on a photo of a painting, but now I can't find the artist's name in order to give them credit.

Can I still post a photo of the quilt as a finished work and mention this? Or is it a copyright infringement? The quilt isn't for sale, just my own piece.

Thanks, Watson

No it is not copyright infringement to post a pic of a quilt you made based on a photo of a painting.

If either the original painting or the photo was protected by copyright then it might have been copyright infringement to make the quilt in the first place. So many things to consider, it's safer to either base quilts on your own photos or get permission from the original artist before starting work.

It is fair use, whether it is known or unknown. You can copy Van Gogh's Starry Night, or the Mona Lisa, or I'm looking at altering Rosie the Riveter to be Rosie the Quilter.

I always believe in attributions, doesn't have to be in the label, but "I was inspired to make this by a photograph" is enough. Sure, nice to give someone a nod but this is your quilt, not their photo.

Here's a nice breakdown
http://www.tabberone.com/Trademarks/...Quilting.shtml

Here's a special Canadian one
https://canadianquilter.com/wp-conte.../Copyright.pdf

By chance have you tried to Google search the image?

Here's your very legal answer.....

It is not copyright infringement if it is for your own personal use. You do not need to give credit for any designs or patterns that you use for any quilts you make if it's for yourself or gifts. In the digital age we have started to confuse what copyright actually is and how it's violated.

Attribution actually not a requirement of copyright. The only time there is copyright infringement is when you are selling someone else quilt pattern and saying that it is your own. Even if you made quilts to sell from someone else's pattern you do not need to attribute the pattern to them.

Now.... let us see that quilt! I really want to make eyes at it and oooooh and aaaaahhhh over it.

I'm with QuiltingLawyer. You cannot tell us about such an intriguing quilt and not show us! -- it would be curiosity and inspiration infringement! ;-).

Can't wait to see it.

Personal use really has nothing to do with copyright infringement. Mass marketing is a separate issue. If you copy someone else's original design (note that this must be an original design) then you need to have their permission.

One of the little known and usually disregarded facts about copyright is that you are technically required to get a pattern designer's permission before exhibiting a quilt made from their original design and pattern. Most designers freely give permission, and I haven't heard of any that complained if permission was not given, but you are technically still required to ask.

If the original painting is a masterpiece like Starry Night or the Mona Lisa, it is obviously not under copyright protection, which has a limited time span.

Just for clarification.... You do not need to get permission to display a quilt that you made from someone's pattern.

Copyright in the context of quilts, fabric arts, and patterns is for the pattern only. The actual physical pattern that you purchased. The quilt that is made from that pattern is in no way copyrighted. Quilts, like clothes, are useful items and cannot be copyrighted. Even the quilt the designer made while designing the quilt is NOT copyrighted work. Only the pattern. And even then, most do not go through the process of formally copyrighting their work.

As a quilter.... I had this conversation with my Intellectual Property Professor in Law School. Think about this from an economic stand point. People who design quilts or other patterns want to put their name out there. By telling you that it is required they are forcing you to give attribution or free advertising for their product.... You do not have to.

Personal use is absolutely the foundation of copyright. Copyright infringement happens when you use someone else's copyrighted material for commercial purposes. Every person who has VHS recordings of movies that they taped off of tv is not in violation of copyright if it was only for personal use. It becomes a copyright issue when they attempt to sell those tapes.

There is a slightly longer copyright run down. The links that Iceblossom posted above have some very good information. Here is one more link for you to look through that addresses in more detail the display of quilts:

http://www.tabberone.com/Trademarks/...s_Issues.shtml

OK, interesting. The quilt isn't finished, but when it's done I'll post it.

Watson