pittsburgpam

It may be a rule by the show (I assume you mean a judge of a show) that they require permission but that is not the law. I'd probably question it. The licenser (Disney, et al), licenses the manufacturer to use their designs to produce fabric. You, as the purchaser of that fabric, are under no contract as to what you can do with that fabric.

You could use Disney fabric to create bedding items and sell them. Here is an example of someone who used licensed fabric to create bedding and was sued.

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

Ann63

These copyright laws can be very confusing and misleading. I understood copyright as you could not copy or reproduce to paper pattern itself to sell as your own, not the finished product. If we sell a cake made from a recipe out of Betty Crocker Cookbook, are we suppose to get permission from the publisher to sell the cake. If I add a little more sugar and vanilla flavor, do we call that our original recipe or is it still an original Betty Crocker recipe. Quilt patterns and recipes have been around forever how do anyone truely know if it is original. Is it just possible for many years people were glad to share patterns and recipes and let others twik them to their liking to be called their own.

montanablu

AMEN!!!!!

stitchinwitch

As I read everyones opinions and "translation, if you will" it leaves at least me, with SUCH confusion---------what is permitted, what is NOT permitted. If the "law" would SPELL it out in clear layman terms, maybe we all would feel more comfortable.- I had a problem with embroidery designs on ebay - a company was trying to sue me for BIG BUCKS when I had won an auction for 4.99 YEARS before. But last year, I had seen someone who was photocopying patterns from mags and selling those via the site - no one seemed to have a problem with THAT! As friendly quilter pointed out-----why INVEST in ANY quilt magazines when we can't enter the quilts in any shows, or whatever............."I'm soooooo confuuuuuuuuuuuuused!!"

ReeneeD

It was my belief that you could copy the quilt pattern and display it (and share it) if it was not for personal monetary gain. If it is for a charity quilt show (such as ours and probably yours) I can't see where they would have any objection to displaying.

tabberone

Actually that was me suing United Media for terminating six of my eBay auctions where I was selling items made from Peanuts fabrics. I have also sued Disney, Major League Baseball, Debbie Mumm and Sanrio (Hello Kitty) for the same reason. EVERY ONE of these companies wanted to settle rather than fight the case and they all have huge legal budgets and I was representing myself in federal court. They settled in my favor and the Disney, baseball and United Media settlements are posted on my web site. I have a lengthy discourse on Licensed Fabrics on my web site. Licensed fabric refers to the rights owner licensing the fabric to be manufactured and sold; not that the fabric is sold with a license to use.

www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml

see also Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66
www.tabberone.com/Trademarks/PreciousMoments/PreciousMomentsFullCase.shtm

ReeneeD

Were you referring to the pattern of the fabric only? What about the quilt pattern?

tabberone

These were not quilts but the principle is the same. The manufacturer cannot control the use of the fabric once it has been released into the stream of commerce. However, it is best to use what I call a Tabberone Disclaimer where you clearly and prominently display that the item is not licensed, etc. I have it on my web site and anyone is free to copy the wording.

As the lawyer for Major League Baseball argued, there is a difference between a "red light" and "light red". Calling the item a "Disney Quilt" is not acceptable while calling it a "Quilt made from licensed Disney fabric" is. The wording becomes important so people are not likely to be confused.

As for patterns, once the pattern manufacturer has sold you the pattern, absent a written contract, it is yours to use as you wish. Selling you the pattern is also giving you implied license to make the item from the pattern. There is nothing in the law that gives the pattern manufacturer the right to control what you do with the end product. The Supreme Court settled that issue in 1879.

Likewise, any design in the pattern has transferred to you by sale. That does not mean you have the right to use that design on other products but only for the item made from the pattern. Nor do you have the right to copy and sell, or give away, the pattern.

Annaquilts

Very good point. My husband has been pushing for me to get something like this any ways because with quilting like cooking I tend to do my own thing. Where is one of the best deals to get EQ7?

mshawii

there are very few original patterns out there. i should think that if you say on the papers that the quilt was inspired by a design in a magazine, that that is giving them the credit where credit is due. i also think that a regionsl quilt show would be different than paducah, or houston's show. sorry, no caps here, i am typing with a cast on right hand after thumb surgery on monday.