Am I understanding this right??
02-04-2011, 02:08 AM
#31
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Join Date: Nov 2006
Location: Southeast Georgia, USA
Posts: 9,109
we're talking - i think - about copyrighted/licensed fabric.
it's a bit different in regard to copyrighted patterns.
even then, not all of the restrictings creators and publishers try to impose would stand up in court.
i encourage everyone to do the research, be as considerate of designers as we'd want others to do for us, and make only reasonable use of fabric, patterns or both.
it's absolutely a good thing to want to do the right thing. just don't start from a place of worry and fear.
chilllaaaaaaax. pour a beverage. start reading. ;-)
it's a bit different in regard to copyrighted patterns.
even then, not all of the restrictings creators and publishers try to impose would stand up in court.
i encourage everyone to do the research, be as considerate of designers as we'd want others to do for us, and make only reasonable use of fabric, patterns or both.
it's absolutely a good thing to want to do the right thing. just don't start from a place of worry and fear.
chilllaaaaaaax. pour a beverage. start reading. ;-)
02-04-2011, 03:47 AM
#32
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Join Date: Oct 2007
Location: Ashdown, AR
Posts: 9,238
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?
02-04-2011, 04:21 AM
#33
Banned
Join Date: Aug 2010
Posts: 2,047
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?
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.
First Sale Doctrine is an accepted legal defense in such matters.
The basic premise is simple. Once the manufacturer of a copyrighted item releases it into the open market the copyright holder loses control over what is done with the item.
Generally the company/manufacturer who holds the copyright will try to use trademark laws to prevent items such as material from being made into articles of clothing or whatever it may be, and sold by private consumers.
However, trademark laws only apply when the seller deliberately presents the article as being original or creates the impression that it is an original (knock off's).
An example is the Disney Corporation recently attempted to sue a single mom who earned extra income by using Disney fabrics to make pillows to sell at craft shows. The court ruled that the woman in no way infringed on trademark rights and could continue her pursuit and ordered DC to pay all her legal costs and damages.
Common sense should prevail in such situations, obviously you cannot copy DVD's as trademark laws apply. You may however buy material with soccer balls, baseballs, team logos, etc. and make pillows, etc. as long as you do not try to sell them as original NFL, NBA, NLB and so forth products.
*I would say it's ok*
02-04-2011, 05:05 AM
#34
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Join Date: Apr 2010
Location: NE Ohio
Posts: 3,164
That is pretty much what the US copyright office told me when I asked them about the use of a pattern. They said I couldn't copy the pattern and sell it, but whatever I made using the pattern I could do with as I wished. The exception would be original artwork like in a needlework design. The same would apply to fabric. You can't copy the fabric and sell it, but could purchase the fabric and use it however you want.
02-04-2011, 05:13 AM
#35
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Join Date: Oct 2009
Location: Maine-ly Florida
Posts: 3,917
I just bought some blue fabric that had this printed on the selvage: For Individual Consumption Only. Now, that gave me a chuckle. I had visions of choking down a fat quarter liberally dosed with bbq sauce. I know what it means but it still amused me.
02-04-2011, 05:20 AM
#36
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Join Date: Aug 2010
Posts: 2,047
Originally Posted by lots2do
I just bought some blue fabric that had this printed on the selvage: For Individual Consumption Only. Now, that gave me a chuckle. I had visions of choking down a fat quarter liberally dosed with bbq sauce. I know what it means but it still amused me.
02-04-2011, 05:23 AM
#37
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Join Date: Nov 2010
Location: Milton DE
Posts: 3,189
Your fine...just read the above on coopywrite/trademarks.
I think mainly a copywrite means you can't steal that pattern or item and reproduce it...that's what it's always meant. We all make items out of fabric and sell. they have to arrest every woman in the world at one time or another.
I think mainly a copywrite means you can't steal that pattern or item and reproduce it...that's what it's always meant. We all make items out of fabric and sell. they have to arrest every woman in the world at one time or another.
02-04-2011, 05:56 AM
#38
Junior Member
Join Date: Apr 2010
Posts: 160
Originally Posted by Queen Deb
It means you can make the project using that fabric for personal use- for yourself or as gifts. Not for sale.
I have never seen that of fabric before, is it some copyrighted symbol like the breast cancer stuff?
I have never seen that of fabric before, is it some copyrighted symbol like the breast cancer stuff?
02-04-2011, 06:02 AM
#39
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Join Date: Jan 2009
Location: PA
Posts: 2,879
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?
02-04-2011, 06:09 AM
#40
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Join Date: Mar 2010
Location: Antlers Oklahoma
Posts: 1,658
well all i can say is if it says that ,i would not buy it and i would tell everyone i know not to buy it. If i pay for something like fabric,I will do as I wish with it, It is MINE,ALL MINE. If the manufacturer has any sense he,she ,it will not put it on the market.
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