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copyright questions
I bought some college fabric I was going to use to make different things to sell..I noticed on the edge it has "For personal use only". Does that mean I can use it to sell??? Thanks
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Likely not.
sandy |
No, you are not suppose to sell it. That being said I have sold a few Texas AM bags and quilts I have made. Worst thing they can is send you a cease and desist letter telling you to remove anything that you are listing for sale on your site with their trademark. IMHO, and I know many will disagree with me, I bought the fabric and I will do what I please with it. If that means making a quilt or bag and making a small, small profit then I will.
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my understanding of copyright is that one is not permitted to copy anothers' original works, to sell, lend, lease or give away, without the owners permission. It covers many things, no doubt including fabric prints, quilting patterns, embroidery designs, computer programs and the list goes on. In most cases, one can use these products to make a small number of items for sale, not mass-produce them, eg making bags or stuffed dollys and toys is ok, as long as you purchase a pattern, or create your own originals, and don't copy someone else's.
hope this helps |
If it was me I wouldn't worry about selling them word of mouth so to speak but I would worry about getting on line and showing what I have for sale. The law has a long arm, but as the lady stated, they probably would send you a letter telling you to stop.
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Do be aware some craft shows will not allow you to sell anything made from "licenced" fabrics.
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What I was told by a fabric rep when I questioned the For Personal Use Only tag: The fabric manufacturer bought the license to print the design on the fabric to be sold to retail customers to use as they want. For personal use only is a rule the manufacturer agreed to add in order to print and sell the fabric. There is no law for the retail customer to follow the rule.
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My understanding - and it is not an expert opinion - is that you are permitted to make and sell anything with this fabric. However you need to make it clear when selling that your item is not licensed or made by the copyright holder of the fabric. (For instance, if it were Mickey Mouse fabric, you would need to make it clear that it's not an official Disney item.) The other thing to be aware of is that even if you are "in the right" you can still be sued for copyright infringement. You should win, but it would be an expensive experience.
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Some things to consider:
If you try to sell broadly (e.g., on the internet), the trademark holder will find you and request the site to remove your merchandise...which they must do by law. Even if all the trademark holder does is tell you to stop, they have very effectively eliminated your market. If you try to sell openly (e.g., craft shows, local shops), the entity may prevent you from doing so in order to protect itself from harm. They, too, must remove items from display if so requested by the trademark holder, and if you are selling within the college area, there will be college reps walking around looking for 'unofficial' products. It's big money to them to stop you. If you try to sell quietly (e.g., by word of mouth), chances are you won't be found out, but you likely won't sell much either. The more you sell, the louder the buzz, the closer you are to the college itself, the more apt you are to get noticed...and stopped. You could probably lessen the potential "damage" by including a disclaimer that your item does not represent any "official" product, nor does it have the endorsement of 'so-and-so' college, but even before considering the legal/illegal aspects, you need to decide if it's worth the hassle. Best of luck. |
Seems a shame. You bought the fabric, why can't you do what you want with it?
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