The Frog Pile Quilt- A Derivative Work

 

Circa 2003, one of my first quilts.

Circa 2003, one of my first quilts.

 

Frog Pile was a super simple raw edge fusible applique project back in 2003 (13 years ago, SAY WHAT?!) At the time I was playing with images I found on the internet, enlarging them in Microsoft Paint and then using MS Paint to erase the individual pixels of color until I had an outline only image (see how high tech I was, haha!) and printing them off for raw edge applique. It was my first baby steps into designing my own stuff, and as a way to experiment with fabric, form, and techniques. I saw this super cute Frog Pile picture, and being a total newbie to the world of art and copyright (read: had no clue about it at all) I went ahead and made this little quilt. It measures 8″ x 11″ and currently hangs in a frame in the home of a good friend. I always wanted to make another, and receive requests for the pattern all the time, but time being what it is, and not being a super organized teenager, I lost both the original image file and the templates I created from it.

From time to time I would search for “Frog Pile” on the internet, scouring through pages of images, but never coming up with the correct image.

Flash forward to 2016. I know much, MUCH more about the art world, copyright, and I fully believe in and do credit my sources and inspirations. I also know a lot more about derivative works. And I get a lot of comments on my Frog Pile quilt, and requests for a pattern.

A derivative work is a work based on or derived from one or more already exist- ingworks. Common derivative works include translations, musical arrange- ments, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works. – www.copyright.gov  This website has a very informative PDF, clicking the link will take you straight to it.

So how does this apply to Frog pile? Well, I received another pattern request this last week, and I tried an internet search again. AND I FOUND IT! On a number of resources. The first is a counted cross stitch pattern released from Design Works. The second is a digital image uploaded to Photobucket by a user simblesimble. Neither has a date of production on it, but the cross stitch artist, Royce B. McClure, does have a copyright on the design. I went ahead and purchased the kit, because I love it so much. 

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Now, for reference, I once created a dragon quilt based on a Teresa Wentzler cross stitch pattern and entered it in a local quilt show (2004). I emailed her, and she said that the quilt was a derivative work, so as long as I credited the original, then it was okay. The reason it is derivative is because the design medium is different from the original work. If I had gone ahead and made a cross stitch of the same work, especially without crediting the original artist, then would be a copyright violation.

This is all very general, as the world of copyright in art and design has some very concrete and some very obtuse legalese that makes the whole thing seem like a big ol’ grey area. I have even attended lectures from a lawyer about copyright who said that even the information presented was not 100% concrete. It makes things messy in the art world, and is a huge topic of debate and misinformation in the quilting world. I certainly do not know enough about it to ever be quoted as a source, and this is not intended as legal advise. Please make sure you do your own research and ALWAYS give credit, and respect individual artists works. 

So, that all being said, Frog Pile is considered a derivative work. I cannot, and will not, create a marketable a pattern from it, not even to give away, because I strongly believe that would fall under a copyright violation and I don’t want to take any chances.  I can, however, provide you with a source to purchase your own Frog Pile kit if you ever wanted to make your own derivative quilt from it, and encourage you to do so.

In Canada – Amazon.ca

In the US – Joanne.com

And of course you can always Google search your own sources.

If you like to cross stitch, I also recommend visiting Teresa Wentzlers site and having a look at the gorgeous art and patterns she has available. I am lucky enough to own her book and a pair of her patterns.

Happy Stitching!

StaceyDay_Logo

 

 

The Threads that Weave

I have been sewing and crafting since I was 6 years old. All my life I have been surrounded by talented, creative women like my mother Sue, my Grandma Shirley, and my Auntie Pat. Every holiday, celebration or special occasion a quilt was gifted or created, and I always loved how the colors flowed, and how you could convey an emotion using nothing but little pieces of fabric.  Little did I know then, but I had been bitten by the quilt bug.

The first quilt I ever made on my own was one I had a dream about. My mom always tells the story best. “Why don’t you start with something small first, and see how it goes?” was her advice, but when it comes to quilting and art I have never really been one to test the waters before jumping right in. After a month of drawing up the design, picking the perfect colors, and some “Let’s see if this works…”, I showed my completed quilt to mom. After a minute of stunned silence, she gave me a hug and then introduced me to the website of Carol Bryer Fallert. I took one look at her quilt New Dawn and I was forever hooked.

To me, quilting is freedom. I have heard there are rules, but I would be hard pressed to tell you what they are. I love the smell of fabric, the feel and texture, and the stunning array of colors I can’t even put names to.  My favorite fabrics are batiks, and often I am inspired by a single piece of fabric that sings to me in a tune I can only answer with a needle and thread. I create my own patterns, drawn from the inspiration I find in countless books, magazines and other quilters. I am greatly influenced by the work of Sharon Schamber, Jacqueline De Jonge, Judy Niemeyer, Marilyn Badger and Claudia Clark Myers.  I have many of their patterns in my library, and look forward to someday completing them all at least once.

I wouldn’t be able to quilt the way I do without the love and support I find in my family. My wonderful husband has been known to make surprise stops at local quilt stores when we are on vacation, and doesn’t raise too much of a fuss when I spend a little bit more than I planned on a beautiful piece of fabric. He doesn’t like to admit it, but the man does have an eye for color!

The best part about quilting is the fellowship and commonality that quilters have. Quilting is a language all its own, and you can walk into any local quilt shop and find a friendly face and even friendlier advice.  I am honored to be able to share my quilt story with everyone, and I look forward to meeting many fellow quilters!

Circa 2003, one of my first quilts.