View Single Post
Old 02-03-2011, 07:39 PM
  #22  
lalaland
Super Member
 
lalaland's Avatar
 
Join Date: Jan 2010
Location: Yakima, WA
Posts: 2,439
Default

Originally Posted by KSue
I am sewing some purses for my sisters and the fabric is copyrighted saying "for individual use only" I understand I can probably make the purses and give them to my sisters. But, I have had a request to make some more purses or aprons- can I sell them??? do I need permission?
Check out this website:

http://www.tabberone.com/Trademarks/...Quilting.shtml

gaigai, in a post, stated the following and included this website, "It seems to indicate that even though McCalls and Quilters World (and any others) SAY they can restrict what you do with quilts you make from a pattern, it is NOT correct. I urge all of you to read the article. And do whatever you want with the quilts you make".

http://www.tabberone.com/Trademarks/...ompanies.shtml

Bottom line is, once that pattern, or copyrighted fabric for that matter, has been sold, you can make and sell what you wish. It appears that the restrictions simply do not hold up, they are not legally enforceable.

I have called and asked permission and have been asked to limit the number of items of that design I am selling to "x" amount (which is easy since I'm not an assembly line), to give credit to the pattern creator when I sell the item , and to not duplicate, or share, the pattern (a lot of people will ask you for a copy of the pattern, you paid for it, they should too). That certainly is fair.

I carry a disclaimer with me, which I got on the above website, in case anyone challenges me on an item I have for sale. I've never had to use it.

Hope this helps!
lalaland is offline