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Thread: Licensing

  1. #1
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    If I buy material at JoAnn's that has logo's etc from the Yankees or Red Sox, am I able to sell the product I make from it? I was under the impression that JoAnn holds the licensing and therefor I should be able to. Anybody know?

  2. #2
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    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!

  3. #3
    Super Member babyfireo4's Avatar
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    no clue but that's a good question! I'll be watching to :)

    hahaha well I guess now we know! wow your a fast typer MZstitch!!

  4. #4
    Power Poster ckcowl's Avatar
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    no- you need to contact the "yankee's" or whom ever for permission- which is usually denied- Disney is the biggest for not allowing the sale of any Disney characters designed items. licensed fabrics are sold FOR PERSONAL USE ONLY- which means you can not sell anything made with them- and the fines are serious when you get caught- the license holders (ie- Disney, Yankee's ect) do prosecute- go after those fines.

  5. #5
    MTS
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    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Not quite.
    http://www.tabberone.com/Trademarks/...edFabric.shtml

  6. #6
    Super Member babyfireo4's Avatar
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    Wow, MTS that was very helpful, thanks for posting! It makes sense how it is explained!

  7. #7
    Super Member hobo2000's Avatar
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    Thank you MTS that opens the way to Cowboys and Redskin quilts, etc. I wil get the proper wording and attach the disclaimer to each product to protect myself. Thanks again!

  8. #8
    MTS
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    This is from a years ago - but it has some interesting examples of the "First Use Doctrine" - not just for fabric:
    http://answers.google.com/answers/threadview?id=398157

    Obviously, you have to use some common sense.

    Your should NOT state anywhere that it is an authentic Yankees product.

    You're using authentic licensed fabric - meaning you didn't go to Spoonflower and print out yards of the logo (although SF wouldn't allow you), or used photo fabric where you printed out images and logos.

    Now, if you're mass producing 1000's of these in China and trying to sell them on 161st St outside Yankee Stadium ;-) , it's a much bigger issue than if you're making stuff to sell to raise money for your Little League team.

    But check out the suggestions for labeling the product.

  9. #9
    Super Member merry's Avatar
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    My DD bought fabric by Quilted Treasures that states, "License is required for any use beyond personal consumption." Susie decided not to buy more fabric from QT because it seemed greedy to her. I agree. There are too many companies I can buy from that are satisfied with the profit made on the sale of their fabric.

  10. #10
    Super Member Chicca's Avatar
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    This was very informative and interesting. Thank you for sharing.

  11. #11
    Moderator QuiltnNan's Avatar
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    Thanks MTS. that is great info. i have bookmarked it.

  12. #12
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    Quote Originally Posted by merry
    My DD bought fabric by Quilted Treasures that states, "License is required for any use beyond personal consumption." Susie decided not to buy more fabric from QT because it seemed greedy to her. I agree. There are too many companies I can buy from that are satisfied with the profit made on the sale of their fabric.
    you are incorrectly and unfairly holding QT at fault.

    they have to negotiate the license to print the fabrics. the "personal only" is imposed by the owner of the licensed images, not by the fabric manufacturer/printer.

    also, perception of "greed" is a relative thing and not always accurate. unless you have been allowed to examine their books and balance sheets it is not fair to accuse them of greed. they are a business and need profits to pay their workers, other expenses, and to stay in business.

  13. #13
    Super Member Glassquilt's Avatar
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    What's the difference between buying a quilt made with licensed fabric by a local quilter or buying a quilt at a garage sale that originally was bought at company store (ie Disney). Nobody questions garage sale or estate sale finds.

    Just because the wording is there doesn't make it enforceable. For instance if you come across an old rental agreement that is good except for a phrase that says something like 'persons of a certain group/nationality need not apply'. An unscrupulous landlord might try to use that to limit who gets to rent. Unenforceable.

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    Quote Originally Posted by MTS
    sadly this is no longer TRUE either. IT can also lead to some harsh complications later on.

    The first use doctorine means you get to use ONE TIME. Not that you can mass produce items with that fabric or pattern.

    This is exactly what led to the LIC words you now read on the fabric selvages.

    You can contact the team leaders and they will tell you that NO you can not make items to resale from that fabric.

  15. #15
    Senior Member MIJul's Avatar
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    What about the embroidery patterns? I see people selling Disney characters all the time on bibs, shirts, etc. at craft shows. Do they get permission from Disney when they purchase the patterns? Just wondering...

  16. #16
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    I have never seen a topic so much more confusing than this one. Every time it comes up. There is a reason I won't sell my stuff.

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    I agree with PatriceJ. It isn't fair to blame the catalog company for licence restrictions inposed by the manufacturer. The copyright laws are very difficult to understand, and I thank you for the information posted by MTS. I have also bookmarked it.
    Sue

  18. #18
    Super Member Havplenty's Avatar
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    if you are going to sell products from licensed materials, i would spend the money to have a paralegal or copyright attorney to provide you clear explanation of the law. it would be far cheaper to go this route than to end up fighting a case through the courts. to me it is all the costs of doing business.

    after seeing what the music industry did to ordinary citizens, even college students, with downloading music and how they actively pursued them through the courts and won every time, if i planned to sell licensed goods online or at a show, i would spend the few dollars to get on the right side of the law.

  19. #19
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    Hhmmmm....still confused. Will watch this further.

  20. #20
    Super Member Annaquilts's Avatar
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    And very offensive for people who are buying a home that has stuff like that in the wording eventhough it is not enforcable.


    Quote Originally Posted by Glassquilt
    What's the difference between buying a quilt made with licensed fabric by a local quilter or buying a quilt at a garage sale that originally was bought at company store (ie Disney). Nobody questions garage sale or estate sale finds.

    Just because the wording is there doesn't make it enforceable. For instance if you come across an old rental agreement that is good except for a phrase that says something like 'persons of a certain group/nationality need not apply'. An unscrupulous landlord might try to use that to limit who gets to rent. Unenforceable.

  21. #21
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    Quote Originally Posted by MIJul
    What about the embroidery patterns? I see people selling Disney characters all the time on bibs, shirts, etc. at craft shows. Do they get permission from Disney when they purchase the patterns? Just wondering...
    usually not and just because they do it does not mean it is right/legal!

  22. #22
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    Quote Originally Posted by Havplenty
    after seeing what the music industry did to ordinary citizens, even college students, with downloading music and how they actively pursued them through the courts and won every time, if i planned to sell licensed goods online or at a show, i would spend the few dollars to get on the right side of the law.
    Music downloading is an entirely different issue and should not muddy the waters of a discussion regarding the use of licensed products in a non-commercial environment. People have been prosecuted for knowingly downloading music illegally. It is not the same thing as purchasing licensed fabric and then producing something that may or may not be sold.

  23. #23
    Super Member ghostrider's Avatar
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    Quote Originally Posted by AFQSinc
    Music downloading is an entirely different issue and should not muddy the waters of a discussion regarding the use of licensed products in a non-commercial environment.
    Except once you sell it, it becomes commercial. Selling something is commerce.

  24. #24
    Senior Member MIJul's Avatar
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    Quote Originally Posted by jaciqltznok
    Quote Originally Posted by MIJul
    What about the embroidery patterns? I see people selling Disney characters all the time on bibs, shirts, etc. at craft shows. Do they get permission from Disney when they purchase the patterns? Just wondering...
    usually not and just because they do it does not mean it is right/legal!
    Yup, that's what I thought. It kinds of sticks in my craw when I see it. For those of us who follow the rules and abide by them.... well, it's difficult to keep my mouth shut when I see people blatantly disregarding them.

  25. #25
    Moderator Jim's Gem's Avatar
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    Welcome to the board from Southern California!

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