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We have a few issues with the article. Question: If my guild makes a quilt using a published pattern, can we use it as a fund-raiser/raffle quilt, or is this an infringement of copyright laws? Carolyn responds:

"Some states do have statutes that protect the rights of designers and artists may require you to give attribution to the designer."

The federal government has preempted state laws when it comes to copyrights. The Constitution places copyright law in the lap of Congress. All that Congress left in place were the few common law copyrights that were in effect at the time of the preemption. A state cannot mandate moral rights to copyrights.

You do not have the right to make copies of the pattern with the intent of distributing them to friends or guild members, or to mass produce an item from that pattern for resale for profit or personal gain."

The phrase "profit or personal gain" is fairly redundant. The logic of saying you can "sell or give away the article that you made from the pattern" but commercial use is a no-no? Making one item a day or fifty items a day, the law is still the same. And, from a practical view, anyone wanting to mass produce something will take the time and spend the money to have an industrial pattern made. We feel the rest of the article is fairly accurate about copyright law and patterns.

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