Quilts, Copyright and Paducah's Creative Legacy

This article was developed by Julie Tennyson and the Kentucky Bar Association (KBA) Intellectual Property (IP) Section.

Are quilts copyrightable? Quilting is more than just quilt blocks. While quilt blocks are a staple in quilting and have many highly decorative forms, in Paducah, Kentucky, one can find a museum of quilts that resemble paintings and paintings that resemble quilts.  

Paducah, Kentucky, proudly holds the distinction of being a UNESCO Creative City of Crafts and Folk Art, a title it earned in 2013 in recognition of its extraordinary quilting heritage and deep-rooted artistic traditions. The designation places Paducah within an international network of cities that value creativity as a cornerstone of sustainable urban development. 

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At the heart of Paducah’s UNESCO identity is its rich quilting culture. Quilting has shaped the city’s creative spirit and global reputation. The National Quilt Museum, located in downtown Paducah, is the world’s premier institution dedicated to contemporary quilt and fiber art, attracting visitors, artists and educators from around the globe. This institution, alongside the Lower Town Arts District, anchors a vibrant community where craftsmanship, design and innovation flourish side by side. Paducah’s UNESCO designation reflects how quilting transcends utility to become a form of storytelling and international connection.  

Quilts can be a “useful article” to cover beds and keep people warm. But many of the quilts featured at the National Quilt Museum will only ever hang on the wall as “pictorial, graphic and sculptural works.” For those quilts used to cover beds or people, when do they go from being a “useful article” to being a “pictorial, graphic and sculptural work” capable of being copyrighted? Under copyright law:  

“The design of a useful article, as defined in this section, shall be considered a pictorial, graphic or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.” - (17 U.S.C. & 101)  

In Boisson v. Banian, Ltd., quilts featuring blocks containing letters of the alphabet were copyrighted. The copyright owners then sued for copyright infringement, among other causes of action. To determine whether the article is protectable under copyright law, it must have originality. Originality “simply means a work independently created by its author, one not copied from pre-existing works, and a work that comes from the exercise of the creative powers of the author's mind, in other words, ‘the fruits of [the author's] intellectual labor.’” The court held that the combination of the alphabetical and square arrangement together was protectible because it had some creativity. The choice of color, along with other protectable elements, was also copyrightable.   

Inside the National Quilt Museum are many quilts that appear from a distance to resemble paintings but up close one can see the fabric and stitches. Near Paducah’s Convention Center, three such quilts have been painted onto the flood as murals, with plans for others to join them.  

Presuming no copyright transfers from the original quiltmakers and artists, who would own the copyright to the quilts, textile art and paintings? As discussed previously, the quiltmaker/textile artist would hold the copyright for the quilts and textile art because they are original works. The artists or muralists who painted them would have derivative works. Derivative works are defined as:  

“A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation or any other form in which a work may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaborations or other modifications which, as a whole, represent an original work of authorship, is a ‘“derivative work.”’ - (17 U.S.C. & 101) 

The quiltmaker or textile artist has the right to authorize or make derivative works. When the quiltmaker or textile artist authorized the works, the artist or muralist would have a derivative work. The artist or muralist would be entitled to protect only the parts of the painting that were added beyond the original work, including but not limited to representations of the shadow and the hanger. 

Beyond murals, many quiltmakers and artists have derivative works made from their original works by printing them on postcards, t-shirts, sweatshirts or incorporating them into designs on fabric to be made into pillows or rugs.  

The Quilt Mural project brings together the two driving forces that led to Paducah’s eligibility for UNESCO designation: the National Quilt Museum and the quilting community and the Lower Town Arts District and its artists. In addition to these projects, there are other murals on the floodwall and throughout the town. Paducah is also home to the Yeiser Art Center and other visual and performing arts venues such as the Carson Center, Market House Theatre, Maiden Alley Cinema and many local bars and restaurants that feature live music.