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Thread: Licensing

  1. #31
    Senior Member MIJul's Avatar
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    Quote Originally Posted by BonniFeltz
    Quote Originally Posted by jaciqltznok
    Quote Originally Posted by MIJul
    What about the embroidery patterns? I see people selling Disney characters all the time on bibs, shirts, etc. at craft shows. Do they get permission from Disney when they purchase the patterns? Just wondering...
    usually not and just because they do it does not mean it is right/legal!
    Question on Disney and stuff. I am buying a Brother embroidery machine which has preloaded Disney images on it. I plan on possibly using these for quilts and items to give away as presents, not to make money. IF I wanted to put some things with it on for a booth at a quilt show (small local lets say) to sell for some extra money it would be ok if I have disclaimer that I do not represent Disney, yadda yadda?
    I have a feeling that if you contacted Disney and asked them, they would probably say that you can't. Anyone else have information on this?

  2. #32
    Senior Member vickig626's Avatar
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    THANK YOU !!! I've been selling scrub caps locally for our college teams and have been concerned about this. Now I know what I need to do to cover myself. I don't sell these items online because I don't want that hassle.

    Vicki

    Quote Originally Posted by MTS
    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Not quite.
    http://www.tabberone.com/Trademarks/...edFabric.shtml

  3. #33
    Senior Member MarthaT's Avatar
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    Quote Originally Posted by Homespun
    What if the person wanting the quilt buys the material and brings it to you and you just make the quilt and charge him for labor? Would that get by those regulations?
    That's what I do. Not long ago a lady wanted a quilt made for her new granddaughter with LSU fabric on one side and FSU fabric on the other. I told her if she bought the fabric, I would make it for her. I don't see how anyone could come after me. She was the one who bought the fabric. She just hired me to make the quilt.

    I try to look at it from the designers standpoint, if I make a cute Winnie the Pooh blanket, people will be more likely to buy it than if it is any other bear. So as a seller of handmade items, I am increasing my sales by using their design. On the flip side, I'm also increasing the sale of their fabric by purchasing it and turning it into something to sell to someone who doesn't have my sewing skills. (I would not have purchased the fabric for my own use, therefore no fabric sale.)

    To me, it is in the favor of the owner of the license if we can use it to make things to sell, then more of their fabric is getting sold. I would never buy LSU fabric for myself! My quilt would have FSU on both sides!!! LOL!

  4. #34

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    I agree it's confusing and hard to know who/what to believe but look at this link. To me, it makes sense and seems to be a site that looks at copyright/trademark issues and researches the issues pretty thoroughly. http://www.tabberone.com/Trademarks/...edFabric.shtml

  5. #35
    Super Member MaggieLou's Avatar
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    Quote Originally Posted by MTS
    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Not quite.
    http://www.tabberone.com/Trademarks/...edFabric.shtml
    One of the best explanations I've seen on licensing.

  6. #36
    Super Member clsurz's Avatar
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    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".


    Sorry!
    This being the case than let the person who commissions the work go out and buy the fabric. It can than be ascertained "personal use".... but pay the person labor costs for making it.

  7. #37
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    As someone else on the board just mentioned, we are not trying to sell the design, plus, these companies have already gotten money for the sale of their fabric, when they sold to the fabric stores, according to the courts they cannot get paid twice. they are aware of what people will be doing with the fabric when the fabric stores sell to us.
    Everything that you see on liscensing said we are not doing anything wrong. Now the companies can try and tell us otherwise, and show up at craft fairs, but if they want to keep using money for this purpose, thats fine, but it will be costly for them and they will lose in court.

  8. #38
    Super Member LyndaOH's Avatar
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    Quote Originally Posted by craftymatt2
    As someone else on the board just mentioned, we are not trying to sell the design, plus, these companies have already gotten money for the sale of their fabric, when they sold to the fabric stores, according to the courts they cannot get paid twice. they are aware of what people will be doing with the fabric when the fabric stores sell to us.
    Everything that you see on liscensing said we are not doing anything wrong. Now the companies can try and tell us otherwise, and show up at craft fairs, but if they want to keep using money for this purpose, thats fine, but it will be costly for them and they will lose in court.
    I think the point is that it's not costly for them; they have in-house lawyers and it's easy for them to send a letter and scare the pants off of a craftsperson. Whether it would hold up in court is a different story, but how many small crafts people have the funds to go up against a large company with virtually unlimited funds?

  9. #39
    Super Member ThayerRags's Avatar
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    Some of the Quilt Shows and Craft Shows around here are putting statements in their vendor applications that nothing with copyrighted or trademarked fabric included in finished products for sale are allowed unless accompanied with written permission to use the logo or “protected” design.

    As far as the fabric itself, we have about quit handling the fabrics in our shop that include the “for personal use only” warning printed in the selvage edge, especially if the print has logos on it. The warning frightens some of the customers, and disturbs others, because they think that they could get into trouble if they use the fabric wrong some way.

    CD in Oklahoma

  10. #40
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    Reading all of the messages gives me the reason why the MLB no longer allows their logos to be used on cotton yardage. You can find fleece, but not on the cotton fabric. I wasn't even able to find bandanas to help with finishing a MLB quilt - I was missing the Washington Nationals & Toronto Blue Jays. The Jays I was able to find a fabric with pictures of all the caps, but it was printed before the Nationals were a team. They really went to the extreme to prevent us from using their logos.

    Thought about getting an embroidered patch, but they wanted an ungodly amount, so the quilt does not have the Nationals represented.

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