Furry Friday

TGIFF! The other day, my dear friend Molly, who gave us Franny and Lou, sent me a picture of their Mom, Stella. So sweet! We've added her to our family photos :)

Have a wonderful weekend!

xo,

kate

Moving Forward

I was pleased to read C&T’s CEO, Todd Hensley’s, post on the C&T blog the other day.  I sincerely appreciate his trying to bring this to a close and to move forward to more creative and positive ventures. No doubt Emily Cier has more beautiful quilts to design quilts, C&T has more beautiful books to make, Moda has more beautiful fabric to manufacture and market, and I have additional fabric collections to design.

Quilt pattern designers, publishers, manufacturers and fabric designers, all have integral roles in the life of the quilting world as a whole. Our commitments to helping it and its wide array of members thrive will enable it to continue to blossom colorfully into the future.

As explained in my blog post last week the intent of my actions was to protect my copyright.

My decision to consult with my copyright lawyer was not made lightly. Like many of you, I see lawyers as a last resort. The unlicensed printed plastic tote bags were already being sold on Amazon.com, Barnes and Noble’s web site, and other global websites. This was no small matter. Designs I had created had been sent overseas with no proper copyright attached to them and this had implications for my business. It was not so simple as calling the neighbors and asking them to turn down the music.

My licensing business has many facets to it and I do not expect that everyone will understand why it was necessary to bring legal counsel into the situation. But it was. And it was done very thoughtfully. This infringement jeopardized an exclusive agreement I was working on with another company to make, among other things, tote bags. Contacting my lawyer was necessary — this is why I have a lawyer — to handle copyright issues for my business.

I have been getting many questions from quilters and authors who are wondering why the book was made part of this at all.

My lawyer explained that to legally address the copyright infringement with the printed tote bags being sold, we had to address the book in question as well because the image that was used on the tote bag was taken from a close-up photograph of my copyrighted work — graphic designs, clearly recognizable and not transformed — and was published and distributed for sale without permission from me, the copyright owner.

Yes, sometimes designer fabric becomes new work in a quilt … when it is so transformed that it’s no longer a derivative work of fabric design and not clearly from the designer in question. This was not the case with the book or the tote bag. Let me emphasize for you all: The book would NOT have undergone this legal scrutiny had the tote bags not been made.

One positive outcome of this situation is that C&T has recognized the need to improve its guidelines to assist new and existing quilters-turned-authors through the publishing process. I understand that their recently launched “author initiative program” is already off to a good start and I hope it benefits everyone.

Now, I’d like to answer several questions I’ve received recently. Of course, I am not a legal expert, so if you have further questions beyond these please ask someone who is. Below is what I have come to understand through this experience, and please note that I do not speak for every designer.

So how can I use your use designer fabric? Answer: The same way you always have.
I do not dictate how the fabric that I design is used in any way. You spend your hard-earned dollars on it, you can make whatever you want. Buy 1 yard or 100 yards and whatever you make with it can be given away as a gift, sold, raffled, donated, entered into a quilt show or stashed.

Can I use your fabric, made by Moda, to create things and sell them without your approval? What about selling things on Etsy?
Yes, both are fine. I love seeing all the creative things you make and sell. In fact, please keep making them. There is no need to credit my name on your handmade finished item.

Can I use your fabric, made by Moda, in a quilt pattern I design without your approval? Can I show an image of this quilt on the cover of the quilt pattern that I will sell?
Yes to both. Your beautiful creations using my designer fabric help to inspire people to buy the fabric as long as you're crediting what fabric you used. That's how promotion works, and it’s great for all of us!

You can take a photo of the quilt you made, put it on the cover of your quilt/clothing/project pattern. Please add a simple credit line that reads:

“Fabric used on cover is {Name of Fabric Line} by {name of Designer} for {Name of Manufacturer}”. That’s it. Sell your pattern. Hey, if you tell me about it, I could even help you by promoting it.

Can I make a quilt using only your fabric collection, take a picture of it, enlarge only a section of the quilt and reproduce the new image onto another surface for sale?
No, you would be making a completely new product if you did this. I understand that even if a photographer owns the copyright of the photo they take, they do not own the rights for copyrighted images shown in the photo. You would need to get permission from the copyright owner in order to do so. Depending on how you would sell the item (think factory manufacturing and mass-market distribution), it might also require a licensing agreement.

What about photocopying or otherwise reproducing the fabric design from the fabric?
No, the answer here is a big no-no.

Before I close this final statement on the issue, I must sincerely tell you that I really do believe that the quilting community is a special one — like none other. There is such a spirit of collaboration and creativity that seems to bring out the best in people, whether they’re new to sewing and quilting or have been doing it for as long as they can remember. Over the past months, it has been such a shame to see people in this community feeling the need to take sides on this, especially when the parties involved have spent so long trying to make things right and to understand where and when we need to respect each other’s contribution to the other’s creative journey.

In the spirit of coming together and to put this behind us, I’d like to reach out to Emily Cier, whose extraordinary talents I admire, and invite her to collaborate with me on a new free project that we would feature on the Moda Bake Shop in the coming months. Please let me know, Emily. I have no hard feelings, and I think you and I as artists share a lot more than anything here that may have divided us. I was thinking we might call the project something like “Reconciliation” or perhaps as a nod to you, “Scrappy Reconciliation”?

I will take Mr. Hensley’s professional lead and close this post to comments. I can be contacted directly either through my website or by emailing me at kate (at) katespain (dot) com. In closing, if you should have any questions about the use of my or any other designer’s fabrics, please just contact the designer or manufacturer directly. If we don’t know the answer, we can embrace the opportunity to learn and further educate everyone on correct usage of artistic property. We are all here to help and to work together with the interest of mutual success.

**Added: Please also read this blog post by Thomas Knauer.**
**Added: Another good read by Karen** 

On Copyright and Tote Bags

**For an update on this post, please click here**

Spring is a wonderful time for new beginnings and fresh starts. In gardening terms (since i love to garden), sometimes this means pruning out the old limbs to help make a tree or plant stronger and healthier. I have some pruning to do that i'd like to share with you so that we can continue to become a stronger and healthier creative community.

First off, it somehow makes sense to be writing this on the heels of my "thankful and grateful" giveaway from the other day. In addition to all the things I listed there, I am also thankful, thrilled and extremely humbled to see people use my fabrics to make special gifts for friends and family, or to sell their unique handmade quilts, aprons, cosmetic bags (you name it) on Etsy and elsewhere. Btw, i have a heading on my sidebar where I happily promote these shops. I'm also happy to see my fabric being used for school/church/quilt guild fundraising raffles or in quilt pattern designs, tutorials, books, magazines, and on blogs. In fact, Moda and I give fabric away to inspire and encourage you to create. I will continue to donate to and support your good causes and to encourage your creative pursuits.

Recently there has been a lot of discussion about my involvement in a dispute  related to the use of my fabric designs by a book publisher. I have been receiving disparaging emails that have made me aware that there is much misinformation circulating. In light of this, Moda and I thought it would be best for me to address this matter here.

The most important thing to know is that there is no lawsuit, there never was a lawsuit, and I did not sue anyone. The book containing images of my fabric continues to be made available for sale and has not been changed by any action I have taken.

My one-person business is in licensing my original designs to manufacturers for use on their goods and products. If you're curious about how licensing works, it's fairly simple. Here's an example.

Basically, I create an original design. Let's look at my Cherry Blossoms design (click to enlarge image):

I then register the design with the U.S. Copyright Office for a nominal fee. If there is interest, I license (think "loan") the design to a manufacturer for a specific use on a specific product for a specific time. The manufacturer may then make/market only the products specified in the contract. So, a company that licenses the design for stationery will make stationery featuring that design. However, that company cannot use the design to make goods other than stationery -- for example lunch boxes, umbrellas, or wallpaper, etc. --  without my (the copyright holder's) approval.

Similarly, an author or publisher cannot reproduce images of my designs which may appear in their books (for example, as part of a quilt that's shown in the book) to manufacture/market other merchandise, such as thousands of plastic tote bags, and sell that merchandise in commercial quantities (like on Amazon.com and Barnes and Noble.com) featuring reproductions of my copyrighted designs for profit. If I discover that someone is manufacturing/marketing merchandise with reproductions of my copyrighted designs in this way and without a license or my permission, I must take action to protect my rights and the rights of my authorized licensees.  If not, I would risk losing my livelihood.

Fortunately, there has been a positive resolution to the dispute with the book publisher. If you wish to read more about it, I encourage you to read the public statements made by the author and publisher regarding this matter.

For any of you who, like me, have your own creative small business, you already know how important it is to make every effort to protect what you create. I'm sure you're familiar with seeing standard copyright notices on blogs and websites. U.S. copyright law is a cornerstone for innovation and progress in this country, and without it my small business (and maybe yours) might not exist.

So please, if you are unsure whether you can use an image in the manufacture/marketing of commercial quantities of goods/products just go to the source and ask. Secondly, it's good practice to give credit for any images you use, anywhere (including blogs, magazines, books etc.). Also, inform yourself about copyright law, starting with the U.S. Copyright Office.

Finally, it's my privilege to hear from you. I cannot always respond to every note. However, I hope this addresses some of the issues raised in e-mails/questions that I and Moda have received this week. Please link to this post, tweet it, blog about it and share it with anyone else you know who might be misinformed about this. My sincerest thanks to you for helping me to clear the air.

Excuses and Winners

First the excuses.

It was a beautiful day yesterday. I mean a no-jacket-almost-short-sleeved kind of day. Sunny, warm and a perfect time to be in the garden! Just look how much these grew since the other day:

Planting lettuce quickly turned into pruning roses, clematis and hydrangea, raking the flower beds, edging the beds — well, Pete did that while i trimmed the iris back— and sifting/turning the compost pile. Once we got going it was hard to stop! Needless to say, i was painting our bedroom (wha?) until about 10:30 last night. So that's my excuse for not picking winners yesterday. Hope everyone had a beautiful weekend, however you chose to spend it.

Side note: it's another beautiful day today. I wonder what else i'm not going to get done?! Serious dose of spring fever. How about you?

Now the winners! But first another side note to drag it out just a second longer. Again, i just have to say how uplifting and inspiring all your comments have been. If i ever need a reminder of life's silver lining,  i'll be reading through them again (and again). Ok, finally...the winners. A big congratulations to:

Please email your mailing address to kate@katespain.com and i will send some Joy or Good Fortune to you! Thanks again to everyone.

OverJOYed

Happy Friday! I am so thankful for all of your comments about what you're thankful/grateful for. Last night, as i was reading each of them, i was completely overwhelmed with such a positive feeling and wanted to reach through the computer screen and across distances to give each of you a big hug! The next best thing i could think of was to respond to each of you personally...which i started to do and was determined to keep up with, but then for some reason blogger stopped letting me leave replies!? So i apologize if you did not get a response from me. To make up for that, i'm going to be adding to the giveaway pile and instead of 7 lucky winners, i'll pick 17...this Sunday.

But back to your wonderful comments...they keep coming in! Thank you. If you haven't already, i urge you to go back and read through them. You won't be sorry and maybe you'll feel what i feel too. It's always an awakening moment to become aware of the many different things we are all dealing with and working through in our lives. Whether we find ourselves facing life changes, health issues, small achievements, milestones, inspiring paths, losses, new arrivals or simply accepting the way things are, i really think that if you stop somewhere in your day and find one thing to focus on and to be grateful for, you might just find another...and another, and maybe even another. It might sound idealistic, but it's not impossible. Good habits are easier to make than bad habits are to break, right? Choose to work on the good stuff (i have to remind myself of this often).

I am grateful that 17 years ago tomorrow i met my wonderful, loving husband (luck of the Irish!)

I am grateful for my family. When we get together, there is usually lots of laughter and i love that.

I am thankful that my aunt is celebrating her 6th year of survival of pancreatic cancer.

I am thankful to love what i do (almost) every day and for all the support and encouragement from YOU.

(see what happens? this could go on and on)

So i'll wrap it up by saying that i am sooooo thankful that we share our home with these two. We love them a lot, if you haven't noticed...

...but especially love them when they help put the groceries away...

...or help with the laundry.

Have a wonderful weekend and i'll see you back here on Sunday!

xo,

kate

Spreading Some Joy and Good Fortune

Hello, friends! It's been a snoozer on here lately and i am sorry for that. Lots of good stuff going on behind the scenes (despite the late nights and giant piles on my desk) and some new exciting announcements coming very soon!

It was such a beautiful day yesterday that i ate lunch outside in our garden, warmed by the early spring sunshine and the happiness of seeing color coming back into the landscape. I adore this time of year and looking around, i could not believe how quickly everything has begun to bloom. But then i started to feel that overwhelming gardener's urge to start pruning, digging and planting. Does this happen to you too? While i was moseying and poking around, i thought it'd be fun to share my little tour via Instagram. Are you familiar with this awesome app for your phone?  It's kind of like twitter only with real time pictures. You might want to check it out and then link up. It's also great because you can save your pictures as usual and share them elsewhere...like on your blog. So here's my lunchtime garden tour from y'day. Look at these springie beauties!

Uh, wait a minute...did you notice something unusual about some of those blossoms? They sure look a lot like fabric don't they? I didn't think you'd miss that and am thrilled to let you know that precuts of Joy, my new Christmas collection for Moda, are popping up in stores now! So to help spread the Joy and a little extra Good Fortune to you, i'm giving away all the items in that photo to 7 lucky winners! All you have to do is leave one comment describing something you are happy about/grateful for. I'll use random.org to pick the winners and will announce them this coming Sunday (after i plant our lettuce).

Good luck!

Mystery Solved

Wasn't the Mystery blog hop fun? I realized somewhere along the way that making guesses is not so easy! So i don't know about you, but i can't wait to see what some of the items were...still scratching my head about a few of them. Be sure to head over to the Jolly Jabber to see if you're a winner! Again, so many thanks to everyone at Fat Quarter Shop for sponsoring this.

So i thought i'd share a little more about the item i picked out. When i thought about what "vintage modern" meant to me, i couldn't help but think about the cycles of trends in fashion and how they come and go and define a certain point in time. You know that old adage "what's old is new again"? I think that about sums it up. Maybe just add, "and will be old again, eventually". I was a teenager in the '80s and would have to say there are lots of trends i hope never come around again (think Flashdance and genie pants — i think i had a pair in every color)! How about you?

Just to refresh, here's the "clue" you had to guess about:

When i was digging around in my closet for something vintage-ie, i came across a pair of wraparound polyester bellbottom palazzo-ish pants. The search was over! Definitely vintage, but oh so modern. They were given to me by my Mom who bought them in 1968 (when Lyndon Johnson was president) at Henri Bendel in New York City — which would make them 44 years old — older than my sister and me!

The vibrant colors have not faded one bit in all these years thanks to go ol' polyester (and probably all the time they've spent in the bottom of my closet). The poly is that soft silky kind, not the jumpsuit kind à la Charlie's Angels. And the "wraparound" feature is...interesting to say the least. First you tie the back pant panel(?) around your waist and then tie the front panel(?) around to the back...at least i think that's the way it's supposed to work!

I can't believe i'm going to share this with you, because i much prefer to be on the other side of the camera, but here is a dorky picture of me wearing them:

In honor of my Mom, who wore her hair in braids all the time, i figured i would too. And i'll even admit that i actually used to wear them out (yes, in public!) when i was in my 20's. That was over 20 years ago and this was the first time i tried them on since then. Happily shocked to say they still fit!

But the weirdest thing that occurred to me when i pulled these out of the closet, was how much this print looks like the Pond Garden print i designed in Good Fortune! Could it be that somehow, somewhere in my visual memory banks there was something about this pattern that embedded itself in there?? Maybe that's how something vintage becomes modern again...hmm...

And here's a little Franny fur to end the week:

 Have a wonderful weekend!

xo,

katehttp://fatquartershop.blogspot.com/2012/03/winners-2012-designer-mystery-blog-hop.html

Seeing Spots and Dots

 I love dots. In our bathroom alone, there are dots on

our shower curtain:

on our bath mat:

and in a framed doodle i painted using a strong brew of tea:

I love them so much that i think i could design using only dots and never tire of the possibilities!

Are you familiar with Yayoi Kusama? She is one of my favorite dot artists. Recently, she did an interactive installation called "The Obliteration Room" at the Queensland Gallery of Modern Art in Australia. It started out looking like this:

 Then over the course of two weeks, each child visitor was given colorful dot stickers and was invited to collaborate with the space. After thousands of visitors, the room soon looked like this!

 There is a wonderful series of photos that shows

the progression over time on Colossal.

Another of my favorite dot artists is Georges Seurat. Long before pixels, his pointillist paintings are composed of small dots of pure colors that are placed next to each other. For instance, blue dots next to yellow dots that when viewed from afar, our eye actually mixes the colors so we perceive them as green. Amazing! Someday, i hope to stand in front of this one at the Art Institute of Chicago:

A Sunday Afternoon on the Island of La Grande Jatte, 1884

And then there's artist Paul Klee, who once said, "A line is a dot that went for a walk". It was my high school art teacher who shared that with me and the humor in it stuck. I think of that every time i open my sketchbook and touch my pencil point to the paper. So i like to think of a drawing as a dot on an adventure...and each collection of designs as a journey. Packing now. Bon voyage!