Quilting Patterns Copyright

Quilting Patterns

Jean has been in the quilt trade for two years, beginning her career by selling vintage quilts and family quilts.  She purchased quilts in various states throughout the country. She decided to design her quilts and teach students' how to quilt and why they should copyright their patterns.

 As a secondary education teacher, she taught quilting classes at the local high school. Jean's company called Senot published catalogs advertising quilts and quilt patterns. Linen, gifts, antiques, and children's stores and high-end catalog companies carry Senot products. Various home furnishing magazines have published articles featuring Senot quilts.

Glassenburg, A. (2015).How to Schedule for Sustainability.

Retrieved from http://whileshenaps.com/2015/05/schedule-sustainability.html

Glassenberg, A. (2013, March 10). Brave Little Chicken. One Girls Journey Through Life.           Quilting and the Law Series: Copyright 101. Retrieved from http://www.bravelittlechicken.com/archives/798

Glassenberg, A. (2014, March 26). Can You Copyright a Sewing Pattern? [While She Naps]. Retrieved from http://whileshenaps.com/2014/03/can-you-copyright-a-sewing-pattern.html

Copyright.gov. United States Copyright Office. (2015). A department of the Library of Congress. U. S. Copyright Office Fair Use Index.   Retrieved from http://copyright.gov/fair-use/more-info.html  

Anonymous; DuBoff, L. & King, C. DuBoff Law. Survey of recent changes to intellectual property law. (2013). TechTrends, 57(3), 3-4. doi:http://dx.doi.org/10.1007/s11528-013-0651-3

  DeVoss, D. (2015). Academia, Academe, and Intellectual Property. Academe, Vol.101(6),    pp. 22-25.       Retrieved from   

http://search.proquest.com.proxy1.ncu.edu/docview/1736638539?accountid=28180

Baker, T. (2008). Navigating State and Federal Student Privacy Laws to Design Educationally Sound Parental Notice Policies. New Directions for Student Services. Vol. 122, pp. 81-104. DOI: 10.1002/ss277. Retrieved from

http://dx.doi.org.proxy1.ncu.edu/10.1002/ss.277

Daggett, L. (2013).Book 'em?: Navigating Student Privacy, Disability, and Civil Rights and School Safety in the Context of School-Police Cooperation. Urban Lawyer. Vol. 45(1), pp. 203-233.  Retrieved from

http://search.proquest.com.proxy1.ncu.edu/docview/1369742901?accountid=28180

Glassenberg, A. (2014). Can You Copyright A Sewing Pattern?

http://whileshenaps.com/2014/03/can-you-copyright-a-sewing-pattern.html

Jen. (2014). Brave Little Chicken:One Girl's Journey Through Life. Quilting and the Law Series.

http://www.bravelittlechicken.com/quilting-and-the-law-series

Glassenberg, A. (2014).Create a Social Media Routine You Can Stick With

http://www.whileshenaps.com/2014/06/social-media-routine.html

Glassenberg, A. (2013).Free Pattern for Timeless Treasures: Fox & Blankie Play Set.

http://whileshenaps.com/2013/10/free-pattern-for-timeless-treasures-fox-blankie-play-set.html

Glassenberg, A. (2014). Welcome to My New Online Shop.

http://whileshenaps.com/2013/10/welcome-to-my-new-online-shop.html

Glassenberg, A. (2015). Easy to Follow Sewing Patterns.

https://www.etsy.com/shop/whileshenaps

Missouri Star Quilting Company.(2009). Four Patch Quilting Block - Beginner Block Quilting Series . 

https://www.youtube.com/watch?v=HQM8wI95xeI

Quilting For Beginners.(2015).Craft Academy.Create and Craft T.V.

https://www.youtube.com/watch?v=TGqlwN6TWFw

Quilting patterns are intellectual property and must be protected read the resources to understand the law. Length: 5 - 7 WebQuest pages.      

1) Review intellectual property law and copyright article below and give a summary of resource. Give your assessment of the resource, and your personal reflection on the value or applicability of the resource for your topic or research. In other words, what did this mean to you such as copyrighting your invention to protect it? 

Goodlatte Statement On World Intellectual Property Day.(2014).Lanham: Federal Information & News Dispatch, Inc.Retrieved from

http://search.proquest.com.proxy1.ncu.edu/docview/1519301390?accountid=28180

2) Please review copyright law and give a summary of resource. Give your assessment of the resource, and your personal reflection on the value or applicability of the resource for your topic or research.

US copyright law: The challenge of protection in the digital age.

Long, Sarah Ann. (2006). ProQuest document link. Emerald Group Publishing, Limited. 

Retrieved from 

http://search.proquest.com.proxy1.ncu.edu/docview/229565546?accountid=28180

3) Please review fair use laws and give a summary of resource. Give your assessment of the resource, and your personal reflection on the value or applicability of the resource for your topic or research.

Lyons, M. (2010). Open access is almost here: Navigating through copyright, fair use, and the TEACH act. The Journal of Continuing Education in Nursing. Vol. 4(2), pp. 57-64. quiz 65-6, 88. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/223316096?accountid=28180

4) Please review personal rights and privacy laws give a summary of resource. Give your assessment of the resource, and your personal reflection on the value or applicability of the resource for your topic or research.

Dennen, V.(2015). TECHNOLOGY TRANSIENCE AND LEARNER DATA: Shifting notions of privacy in online learning. Quarterly Review of Distance Education, 16(2), 45-59,148-149.

Retrieved from

http://search.proquest.com.proxy1.ncu.edu/docview/1705959068?accountid=28180

The goal of this quilting course is to inform students of the U.S. Copyright Law and how it can benefit their career as an artist and inventor. Students must understand the benefits of being an inventor also how lawsuits brought against those that copy the copyright inventions of others can be a financial disaster. They too can become a copyright owner of quilt patterns when they create a tangible form of art. Copying can lead to infringement and steep monetary fines. My students will know about intellectual property and the copyright law upon the completion of this course. Online resources by Amy Glassenberg an entrepreneur and a creator of blogs regarding the legal aspect of creating your beautiful quilting patterns.

http://whileshenaps.com/2014/03/can-you-copyright-a-sewing-pattern.html

References

Copyright.gov. United States Copyright Office. (2015). A department of the Library of Congress. U. S. Copyright Office Fair Use Index.   Retrieved from http://copyright.gov/fair-use/more-info.html  

Daggett, L. (2013). Book 'em? Navigating Student Privacy, Disability, and Civil Rights and         School Safety in the Context of School-Police Cooperation. Urban Lawyer. Vol. 45(1),  pp. 203-233.  Retrieved from    http://search.proquest.com.proxy1.ncu.edu/docview/1369742901?accountid=28180

Freedom ACT 2015. Retrieved from

http://www.cfr.org/intelligence/usa-freedom-act-2015/p36594

 Gasaway, L. (2011). When U.S. Works Pass Into the Public Domain. Retrievd from 

http://www.unc.edu/~unclng/public-d.htm

Glassenberg, A. (2013, March 10). Brave Little Chicken. One Girls Journey Through Life.           Quilting and the Law Series: Copyright 101. Retrieved from http://www.bravelittlechicken.com/archives/798

Glassenberg, A. (2014, March 26). Can You Copyright a Sewing Pattern? [While She Naps]. Retrieved from http://whileshenaps.com/2014/03/can-you-copyright-a-sewing-pattern.html

Mayers, R., Mawer, W., Price, M. & Denny, J. (2010). Family Education Rights and Privacy Act: Who has an Educational Need to Know? Mustang Journal of Law and Legal Studies, Vol.1, 19-26. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/815309191?accountid=28180

Noh, Y. (2014). Digital library user privacy: Changing librarian viewpoints through education. Library Hi Tech, 32(2), 300. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1660948631?accountid=28180

Preti Flaherty. (2016). Protect Your Artwork: Understanding the Visual Artists Rights Act.  Retrieved from

http://pretiintellectualproperty.blogspot.com/2016/01/rights-of-visual-artists.html

Schragis, S. (2001). Do I need permission? Fair use rules under the Federal Copyright Law.

 Publishing Research Quarterly. Vol.16(4), pp. 50-63.

Sun,  J. & Baez, B. (2009). Intellectual Property in the Information Age: Knowledge as Commodity and Its Legal Implications for Higher Education. ASHE Higher Educaton Report: Vol. 34(4). San Francisco, CA: Wiley Company.

Helpful Hints to Teachers:  Allow for open-class sessions for students who are not aware of why copying and selling another person's patterns is considered a copyright infringement (Glassenberg, 2013). A violation or an infringement means that the owner of the designer's quilt pattern will receive money from the individual who has infringed upon copyrighted property (Glassenberg, 2014). It is not beneficial to students themselves or those whose property has been stolen and sold for a profit.

It is important to establish ownership of intellectual property before the creation of the work with a written agreement (Sun, 2009). Students who will one day be hired by an employer will be asked to sign a company agreement stating they will abide by company rules and will not infringe on competitor’s property or divulge trade secrets.

Monetary claims and penalties against the employer and employees are expensive and can ruin a company (Preti Flaherty, 2015). Under contract law, the owner of copyright work has the exclusive right to use, publish, sell for profit, and make a derivative for a designated amount of time (Preti Flaherty, 2015).

The Privacy Act grants three primary rights:

1) the rights to see information about yourself

2)  the right to have information amended that is not accurate, relevant, timely or complete

3) the right of protection against the unwarranted invasion of privacy resulting from the collection, maintenance, use, and disclosure of personal information (Freedom of Information ACT, 2015).

Privacy of information regarding the duties of school under the FERPA law student's privacy is not to be disclosed to the public without parental consent. Some circumstances might permit but not demand disclosure to law enforcement (Daggett, 2013)

FERPA according to Mayers (2010) does not require that educational institutons record request for a student's record to be given out. Indentification of who requested the student's is not recorded nor is the reason for the inquiry documented. 

Fair use is a law that limits the uses and copies of copyrighted property. There are four items that you must be aware of such as:

1) what is the purpose of use whether it is commercial or not-for-profit educational use.

2)  what is the type of copyrighted work,

3) next what is the amount and for how long will this copy last?

4) lastly, will the copying affect the value of the copyrighted material (Schragis, 2001).

Patents must have documentation of the exact description of the patent description. The description of the patent is necessary so that others in a particular industry can make replication of the invention (Preti Flaherty, 2015).

The trademark does not derive from the U.S. Constitution but does represent legal protection over intellectual property (Sun, 2009). Trade secrets are under legal protection because of secret information that makes Coca-Cola soda, for example, taste unique and federal laws for protection are applied online as well.  Customs and Border Protection (CBP) protect U.S. trademarks, copyrights, trade name and patents at their borders (Preti Flaherty, 2015). 

Ways to prevent plagiarism is to read the documentation of an author until you have an understanding the author's concept.  Place the article away and note the important ideas that the author wants to convey. When writing the paragraph in your voice do not use the same words, and comment on the main ideas of the author giving credit with the author's name such as (Brown, 2016) entered at the end of the sentence (Northcentral University-ASC, 2016).

 Reasons for work not being included in the Public Domain are as follows:

The work is the property of the United States Government. The work has not been restored or updated by the copyright owner to obtain an extended date of copyright expiration. The term of the copyright has expired and has not renewed by the copyright holder (Gasaway, 2011).

Different types of copyright infringement and ownership of electronic course materials committed are done by downloading from the library's internet, and copying beyond fair use (Noh, 2014).

Allowing privacy of information to be circumvented can be done through libraries with internet access, computer base records a great deal of resources in the form of electronic technology. Computer's have little privacy in that the screens are open. Class that allow research on the human body allow can display differnet parts of the body. The library allows students to make copies of literature for a particular class or a photocopy business can go beyond fair use and make pamphlets for a school and sell the material to the student without purchasing a license from the owner (Noh, 2014).