Copyright Law and Quilted Art, 9 J. Marshall Rev. Intell. Prop. L
THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW PATCHWORK PROTECTION: COPYRIGHT LAW AND QUILTED ART MAUREEN B. COLLINS ABSTRACT Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as 'women's work.' Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of protection afforded to quilts and concludes that consistent and comprehensive protection is needed for this art form. Copyright © 2010 The John Marshall Law School Cite as Maureen B. Collins, Patchwork Protection: Copyright Law and QuiltedArt, 9 J. MARSHALL REV. INTELL. PROP. L. 855 (2010). PATCHWORK PROTECTION: COPYRIGHT LAW AND QUILTED ART MAUREEN B. COLLINS * INTRODUCTION When is a quilt a blanket and when is it art? This question takes on greater importance as the universe of quilted art expands and changes. Once relegated to attics and church craft bazaars, the quilt has come out of the closet. Today, quilts are found in museums 2 and corporate headquarters. 3 They are considered to be among the most collectible "new" forms of art. 4 Quilting is a multi-million dollar industry. 5 Handmade quilts fetch asking prices in the tens of thousands of dollars.
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