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[Pixie Jensen]

We are having a discussion on ownership of copyright of a civil war era quilt.

A person went to the museum a few years ago, saw the quilt and designed patterns for the quilt.  She put the patterns into book form and CD's for sale and has registered the copyright to these particular patterns.

A quilter purchased the book and CD and made her own quilt top based on these patterns. She put the quilt top up for sale:
Civil War Replica Dear Jane Quilt Top

The quilter was notified by the pattern designer that she was infringing on her copyright and said that she would accept 12% royalties for the use of her trademark (Dear Jane) and for selling the top made of Dear Jane patterns. (Correspondence between the 2 parties are at the bottom of the above page).

Now, over at my forums, there is a discussion about said issue.
Could someone with knowledge in this area please read the thread (there are only about 5 posts there at present) Problem with ownership, who owns public domain and perhaps shed some light on this issue?

Quilters and needle-workers would love to know where they stand on this issue.  Have they been selling their art for years illegally?

Thanks very much.
Pixie