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Thread: You can sell Licensed fabric when making quilts

  1. #1
    Super Member carolaug's Avatar
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    All of the below information has been taken from the http://www.tabberone.com website:

    Read more: http://wiki.answers.com/Q/Can_you_ma...bDul2ILicensed Fabric When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric.
    While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc.

    Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term "licensed fabric" legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is "licensed" to the purchaser. "Licensed" products require an agreement between the owner of the product and the potential purchaser. Fabric is not "licensed"; fabric is sold.

    In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United media (Peanuts fabric), Sanrio (Hello Kitty fabrics), among others, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.



    Read more: http://wiki.answers.com/Q/Can_you_ma...#ixzz1ZKaDTDEC

  2. #2
    Super Member purplemem's Avatar
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    Thank you for this citation. I appreciate the information.

  3. #3
    Senior Member thomp116's Avatar
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    Very interesting. I've always figured that some day the licensing police would come take me away! Seems like the companies would like the "free" advertising we give them! At least, that's how I look at it.

  4. #4
    Super Member carolaug's Avatar
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    My husband keeps telling me I should sell some stuff on line but I was always chicken...I just may in the future but I think craft fairs may be more me and not having to deal with shipping/packing/cost/returns/breakage

  5. #5
    Super Member fabric_fancy's Avatar
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    Quote Originally Posted by carolaug
    My husband keeps telling me I should sell some stuff on line but I was always chicken...I just may in the future but I think craft fairs may be more me and not having to deal with shipping/packing/cost/returns/breakage
    i prefer craft and art shows also over ebay or etsy.

    i sell more product and at a high price when someone can see the product in person and talk with the artist.

  6. #6
    Senior Member Kathios's Avatar
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    Excellent information. Thanks for taking the time to share with us!

  7. #7
    Super Member carolaug's Avatar
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    here is another good one regarding patterns..http://www.favecrafts.com/Craft-Busi...Elses-Pattern#

  8. #8
    Super Member ptquilts's Avatar
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    I wonder what would happen if you advertised, say on Ebay,
    "Spiderman Quilts" or "Redskins Tote Bags". I would still be nervous about something like that.

  9. #9
    Senior Member nycbgirl's Avatar
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    Thank you for sharing this info. Appreciate it!

  10. #10
    Super Member Lori S's Avatar
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    Do be careful if you are showing at a Craft fair , some prohibit the sale of anything made from Licensed fabrics. It is their show they can establish any rules they choose.
    I think they just don't want the hassle of being in the middle of litigation.

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