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Old 08-18-2009, 05:46 AM
  #3  
AtHomeSewing
Senior Member
 
Join Date: Nov 2008
Location: Pacific NW USA
Posts: 883
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Sell items if you wish it is legal to do so.

Check out Precious Moments vs. La Infantil where the First Circuit Court ruled that the copyright owner's right to distribute the work is limited by the First Sale Doctrine, which permits the owner of a legally acquired lawfully made copy of a work to sell that particular copy without the consent of the copyright holder".

What the First Sale Doctrine means is that when the rights-owner sells rights (licenses) a company to manufacture fabric, and that fabric is distributed into the open market, the copyright holder loses control over what is done with the item.

The court rejected the copyright claim made by PM, stating, ""bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works."

You can not however make a claim that the finished product YOU make from this fabric is licensed, unless you obtain that license. You can use the licensed fabric you bought and make things for sale.
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