Question about Copyright infringement...
05-23-2011, 09:26 AM
#1
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My DDIL and I are embarking on a new crafting/sewing adventure. She has an idea for a project but is concerned about using fabrics, specifically Moda, etc. and whether these items can be sold without permission from the manufacturer or designer. I wasn't able to answer it regarding use of fabric. I know the rules regarding embroideries but not fabric. Anyone have an answer to this?
05-23-2011, 09:31 AM
#2
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If u invent a new quilting pattern and use fabrics and then sell it it's ok right? Is that any different?
05-23-2011, 09:32 AM
#3
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Do a search at the top of the page. There has been LOTS of threads dedicated to this subject. Maybe your questions will be answered there:)
05-23-2011, 09:33 AM
#4
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Unless you are planning to mass market this, I probably wouldn't worry about it.
Maybe contact Moda and check?
Quilt patterns often have on them that you can make the quilt, but you cannot enter it into a show, without the permission of the company.
Maybe contact Moda and check?
Quilt patterns often have on them that you can make the quilt, but you cannot enter it into a show, without the permission of the company.
05-23-2011, 09:40 AM
#5
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Thanks guys, I will check through the search list.
05-23-2011, 09:51 AM
#6
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I was making stuff with NFL team and college team fabric to sell. Not sure if its the same. This is what my sister told me. She is a paralegal in New York.
"The problem arises when you start producing commercially. To them, commercially is when you start to profit financially from it. Since you will be, they will take you to court if/when they find out. They will go after, not only your current profits, but any and all profits you made from using their product.
Step carefully on this, sis. If someone happens to see something you made, and calls the team's marketing agent to ask how they can buy one, they will be on you like white on rice. Also, it's not unusually for them to go for repayment of their legal fees, if they win any case(s) against you. Be warned darlin'."
"The problem arises when you start producing commercially. To them, commercially is when you start to profit financially from it. Since you will be, they will take you to court if/when they find out. They will go after, not only your current profits, but any and all profits you made from using their product.
Step carefully on this, sis. If someone happens to see something you made, and calls the team's marketing agent to ask how they can buy one, they will be on you like white on rice. Also, it's not unusually for them to go for repayment of their legal fees, if they win any case(s) against you. Be warned darlin'."
13 x 13 Tote bags
[ATTACH=CONFIG]201177[/ATTACH]
LSU Tote
[ATTACH=CONFIG]201179[/ATTACH]
05-23-2011, 09:57 AM
#7
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Some fabrics say on the selvage for personal use only and not for commercail manufacture. If that is the case then I would say you definately can't sell anything you make with those fabircs even if it is your own design.
The second question is the actual project . People who release patterns for sale or for free will state ( or should) what the limitations of your use are. this can be for personal use only. A limited number of items allowed for sale without asking further permission. Limited permission for chairty sales.
What most people are interested in is credit for the design, but if there isn't any information on the pattern you should always contact the person and ask.
The case of the NFL fabric is interesting. Does it say on the selvage not for commercail manufacture? I know the official flower fairies stuff does.
Becks
The second question is the actual project . People who release patterns for sale or for free will state ( or should) what the limitations of your use are. this can be for personal use only. A limited number of items allowed for sale without asking further permission. Limited permission for chairty sales.
What most people are interested in is credit for the design, but if there isn't any information on the pattern you should always contact the person and ask.
The case of the NFL fabric is interesting. Does it say on the selvage not for commercail manufacture? I know the official flower fairies stuff does.
Becks
05-23-2011, 10:46 AM
#8
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Join Date: Jul 2010
Location: Massachusetts
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go to http://www.tabberone.com/Trademarks/...t/Cricut.shtml
This website has been around for many years. She has all kinds of information you will find interesting and that might well answer your questions.
Despite what manufacturers(and places like ebay) try to tell people tabberone shows it has been proven in courts not to be true. Its been a while since I read her site but I think I remember that if you get fabric or sewing patterns and make something you own it and can do what you want with it.
Check it out but bring a big cup of coffee, it has a LOT of reading material.
This website has been around for many years. She has all kinds of information you will find interesting and that might well answer your questions.
Despite what manufacturers(and places like ebay) try to tell people tabberone shows it has been proven in courts not to be true. Its been a while since I read her site but I think I remember that if you get fabric or sewing patterns and make something you own it and can do what you want with it.
Check it out but bring a big cup of coffee, it has a LOT of reading material.
05-23-2011, 12:37 PM
#9
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Join Date: Nov 2006
Location: Southeast Georgia, USA
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i recommend you write to Moda to get their opinion.
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