Is it illegal to sell a quilt -
12-16-2014, 09:16 PM
#13
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Originally Posted by NJ Quilter
Hard to believe the distributor has any say at all what the shop and/or the end user does with the fabric. While I understand and agree with the court decision you posted previously, I could understand the manufacturer having a 'say' (although, obviously per the court decision they don't), I don't get how the distributor thinks they have any rights.
Not trying to start a major discussion here, just my opinion.
Not trying to start a major discussion here, just my opinion.
I do give a written disclaimer with my stuff that says "This item is made with NFL Licensed fabric however I am not affiliated with the NFL and my hand made items are not licensed by the NFL." You know, just in case a lawyer ever knocks on my door, lol.
Cari
12-16-2014, 09:24 PM
#14
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Originally Posted by cathyvv
I think the legal issue revolves around using the fabrics for mass produced quilts, bags, etc. without being licensed to do so. But I am not a legal expert.
Cari
12-17-2014, 03:14 AM
#15
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Location: Australia
Posts: 4,116
Originally Posted by Onebyone
If any fabric says licensed fabric I won 't buy it. They can stick it.
12-17-2014, 04:30 AM
#16
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Join Date: Sep 2014
Posts: 327
I think the reason they want control is to avoid cases where someone takes a Disney print, makes something poorly constructed and then tries to sell a lot of it. People who don't know better would say "oh, this Disney quilt is bad. I'll never buy anything else with Disney on it again!"
12-17-2014, 04:41 AM
#17
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Posts: 2,061
Same goes for these stupid people who make patterns and then say you can't use it to make stuff for sale...Why would you buy the pattern then??? I understand that you can't manufacture stuff from their pattern (like thousands of the same item and then sell through Walmart), but you surely can sell a dozen of them at a craft sale. If I see that note on a pattern I won't buy it. That seller does not deserve my business.
12-17-2014, 05:00 AM
#18
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Join Date: Mar 2011
Posts: 1,075
I'm glad to see someone posted this! This is one of those arguments that keeps going and going and going!! It is legal! Plain and simple!! I see University of Kentucky stuff for sale at craft shows all the time. Trust me, if it wasn't legal, they would stop it. The universities are very controlling!! Even the all-powerful Disney has lost a case on this!
Originally Posted by Cari-in-Oly
I make purses and other items to sell with copyrighted sports fabric. I've gotten into more than one discussion and even arguments over whether what I do is legal. Yes, it is legal. This went all the way to the Supreme Court and here is a portion of the ruling:
the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed). Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
In other words, once you buy the fabric, it is yours to do what you wish with it.
Cari
the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed). Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
In other words, once you buy the fabric, it is yours to do what you wish with it.
Cari
Last edited by kydeb; 12-17-2014 at 05:03 AM.
12-17-2014, 05:03 AM
#19
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Join Date: Nov 2014
Location: Ontario Canada
Posts: 1,869
The one thing that might be illegal (which I did LOL) was this: I made my dad a lord of the rings quilt. I tooks pics from online and printed them onto fabric and used those pictures to make him his quilt.
I have no intention of selling it so I don't really worry about it ... but that might be illegal, because I'm pretty sure some of those pictures are copyrighted.
I have no intention of selling it so I don't really worry about it ... but that might be illegal, because I'm pretty sure some of those pictures are copyrighted.
12-17-2014, 05:51 AM
#20
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Location: Lansing, MI
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Originally Posted by Cari-in-Oly
I believe the distributor is following what the manufacturer says. The manufacturer can drop the distributor, etc.. It's the only threat they have now.
I do give a written disclaimer with my stuff that says "This item is made with NFL Licensed fabric however I am not affiliated with the NFL and my hand made items are not licensed by the NFL." You know, just in case a lawyer ever knocks on my door, lol.
Cari
I do give a written disclaimer with my stuff that says "This item is made with NFL Licensed fabric however I am not affiliated with the NFL and my hand made items are not licensed by the NFL." You know, just in case a lawyer ever knocks on my door, lol.
Cari
If a manufacturer doesn't want me to use their fabrics as I like, they shouldn't sell them.
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