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Thread: If a fabric says for personal use only not for commercial use...

  1. #51
    Super Member grandme26's Avatar
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    Quote Originally Posted by Scissor Queen View Post
    Basically it doesn't mean a thing. See; http://www.tabberone.com/Trademarks/.../Selvage.shtml
    Very interesting. Thank you.
    Grandmeto6 aka Judy

  2. #52
    Junior Member sweetlummi's Avatar
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    I'm thinking there saying you can not resale it. you are the person and you are using it .

  3. #53
    Member tabberone's Avatar
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    You may want to read here also

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

    Of course you can sell it.

    Read here on how to title and a disclaimer to use

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

  4. #54
    Senior Member IAmCatOwned's Avatar
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    This has been a hot topic on many boards. The copyright does NOT extend to the actual use of the fabric. There is an occasional issue if you sell on places like Ebay because the designer of the fabric claims copyright infringement when they have no claim for it. Most have solved this problem by including in the description words to the effect "this item is made using licensed fabric. The finished product is NOT an official product of such and such." Look around, there are better descriptions of this if you are going online with your finished product.

    Where it gets murky is if you do a product and show a clear image of it online. For instance, you enlarged a photo of Tinkerbell to show that it was made with Tinkerbell Disney fabric. Disney could get your item taken offline because you are using their copyrighted IMAGE. So, just make it an overall photo of your product.
    Last edited by IAmCatOwned; 07-18-2012 at 02:52 PM.

  5. #55
    Super Member Evie's Avatar
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    I received this timely email from Over the Rainbow Fabrics a few days ago:


    Ahhh - here's some interesting info regarding Licensed Goods....
    One of my customers sent me this statement that she'd come across on an item for sale on
    ebay using NFL licensed fabric

    "Legal Disclaimer (sorry, this is for lawyers!): This handcrafted item was made from officially licensed fabric.
    However, I am not affiliated with the NFL or the manufacturer of the fabric, therefore the handcrafted finished item IS NOT licensed by the NFL. The United States Supreme Court gives me the right to sell these handmade fabric items according to the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed).

    Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its
    distribution."


    So I contacted QT and Kaufman and both answers were similar:

    "Hi Laura,

    I'm no lawyer but in my opinion, the statement is correct.

    The goods are licensed to us and we cannot sell to customers who will make products for sale.

    But once we sell the goods to you, we can't really control what your customer does with them.

    On top of that, I don't believe that you should worry any over what your customer does with licensed
    goods you buy from us.

    The licensing agreement really only pertains to our sale of the fabric.

    SO.....I think that it's OK for you, as my customer, to use Licensed goods to make handcrafted items if you attach a
    statement to the product similar to the above statement!"

    From my contact at Robert Kaufman

    So, good news for you crafters, scrub makers and clothing designers....
    "I keep my end tables full of needlework and quilting so I don't have to dust them." ~ Author Unknown but I agree!

  6. #56
    Super Member BuzzinBumble's Avatar
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    Evie - that legal disclaimer and the note are very interesting - thanks for sharing!
    IAmCatOwned - murky is right!
    Tabberone - here we are reading your extremely helpful website and here you are - a QB member! How cool!

  7. #57
    jme
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    Senior Member jme's Avatar
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    Quote Originally Posted by Scissor Queen View Post
    Basically it doesn't mean a thing. See; http://www.tabberone.com/Trademarks/.../Selvage.shtml
    Thanks for that link, that's a great article!
    JME

    Fabric makes me happy!

  8. #58
    Member tabberone's Avatar
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    Under both copyright and trademark law you can use (for example) a picture of Tinkerbell as long as it's the picture from the fabric. You can't get a gif of Tinkerbell and use that but using a picture of the fabric, even cropped to show the detail is covered under law.

  9. #59
    Member rose2010's Avatar
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    I do alot of craft items that I sell at small shows and I was under the impression that you had to make over 100 of an item using a specific fabric "for personal use only not for commercial use" to be considerd commercial selling. I don't worry about it, I'm not mass marketing these products. will let you all know if i get sent to the klink :P

  10. #60
    Member tabberone's Avatar
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    There is nothing in the law about a magic number. I see that a lot, like 99 items are ok but 100 items is illegal. Urban legend.

  11. #61
    Super Member natalieg's Avatar
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    One of the online quilt shops sent out an email recently with her enquiry to Robert Kaufman (I believe) and the response about this subject. I went looking for it in my email and, of course, cannot locate it.
    Proud Navy Mom!
    http://www.etsy.com/shop/ChatterBugQuilts?ref=pr_shop

  12. #62
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    Wow, I haven't ever seen this but I will keep my eye open for it now.

  13. #63
    Member tabberone's Avatar
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    Remember also that some companies trying to control the secondary market will say all sorts of things. Disney and MLB tried to tell me I couldn't use their fabric to make things for sale but changed their tune when we sued them. I had federal law on my side.

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