Welcome to the Quilting Board!
Is it illegal to sell a quilt -
Made from collegiate fabric. I just finished a University of TN quilt for a friend & a friend her hers wants to pay me to make her one. If it is illegal I guess I could have her buy the material & then I could charge for my labor. If anyone has any answers please let me know. Thanks.
I think where your are thinking is with the selling of a completed quilt using copyrighted fabric. I would have her buy the fabric and then be sure to tell her how much you will charge her for making it into a quilt.
A Good Friend, like an old quilt, is both a Treasure and a Comfort
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
Last edited by Cari-in-Oly; 12-16-2014 at 03:14 PM.
Well put Cari-in-Oly. This is crystal clear and should end any arguments. It's also what I've always believed, that once I buy the fabric it's mine to do with it what I please.Originally Posted by Cari-in-Oly
My favorite LQS knows what I do and they always know what's up when I'm buying more sports fabric but we don't talk about it openly because their distributor has threatened to pull the fabrics if the QS is selling fabrics to people like me who sell items made with these fabrics. The distributor can't legally stop me from selling my stuff but they can stop selling the fabric to the shop. It's wrong all the way around.
Cari
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.
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
Sounds like distributor has inflated ego and lack of brains rolled into one. There are a lot of strange and clueless people out there today.
It's hard to believe the distributor isn't bending over backwards to get them fully stocked in team fabrics as hard as it is to make a buck in this day and age. I'd be sending chocolates with every team fabric order from the LQS.
- Rose
No kidding!
The whole "cease and desist" thing to people who are buying product just amazes me. You are creating business/demand for the fabric.
One person isn't physically able to produce more than say, 100 quilts (bed size) a year--at best.
I don't think that any one manufacturer has anything to worry about from competition from some "home based business" about sales of any licensed product.
I am not sure why they go after the very people who are buying their product--the fabric.
Posting Permissions
Reply With Quote