Wow....that is strange! I have never seen this on any top quality quilt manufacturers fabric, i.e., Moda, Northcott, etc., etc. People make all types of things out of fabric they purchase other than quilts and sell... make items for others. I can't imagine not being able to do this.

Where did you get this fabric and who is it manufactured by?

I am curious to know...........

I make bags and sell them, but if I use a "licensed" fabric, then I just tell the buyer that I can't sell them the bag because of the licensed fabric, so usually they just buy the button that is attached to the bag. I then give them the rest of the bag. Don't think there is a copywrite on buttons.

I have found that many fabrics have the "personal use" disclaimer on the selvage. Not going to sweat the small stuff.

I did purchase a pattern with the "can't do anything with this or anything you make from this pattern because it is copyrighted" printed on the directions

I contacted the company and told them exactly what I wanted to do and was told, 'NO'.

So, having asked and been told I could not, in good conscious, sell the wallets to raise money for charity.

I ended up giving the wallets to people who made a donation charity.

Oh, and there is someone in my community who is selling these same wallets in a gift shop.

Great article basically stating that unless they take your name and address and you sign an agreement not to use it to sell a product, you can do whatever you want with the fabric, including making something out of it to sell.

Great info. Thanks!

Yes, you can make stuff and sell it. I am on my iPod and can't attach links, but google Tabberone and go to their website. You CAN make and then sell stuff made with proprietary prints.

If there isn't a 'sticky note' here to link to the 'tabberone' there should be.

It seems to the best most comprehensive information I've seen!

they don't want you making money off their pattern by selling several you've made. giving them away doesn't count. for me, i figure if i buy the pattern-it's mine!

Eliazbeth's Studio. Printed on the selvage. I purchased a tiny bubble print to make a dress for the granddaughter. Nothing spectacular about this design that a a preschooler could do :). Other fabric lines are more artsy. I have vowed not to buy any of this line of fabrics.

According to the court decisions, then, for example, if you buy a fabric with Disney characters on it and you make a purse, for example, just attach a note to the purse that says "No affiliation with Walt Disney" and you should be fine.

Go to the link provided by Tabberone. It's in real English!

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

My light bulb moment....You can't draw your own pic of a tractor, color it green and yellow and call it a JOHN DEER design. You can't draw a cutsy little mouse with a big grim, color him black and white, put him on anything and call it MICKY MOUSE. But if you buy these fabrics from a liscened mfg., someone who has permission to use this original design, you're ok to use the fabric as you see fit. This sound reasonable to me.

This web site has gone directly to My Pages!

I bought a machine and they said I could use the design to embroider and I couldn't sell the design, but I could put it on a shirt and sell the shirt. I was at a place selling my wears and told to remove the ones with certain designs on them because they are licensed. They can come get all it takes to make that design. Machine, thread, etc. I no longer buy anything that has on it "licensed" May never get you, but it only takes one bitter person to sell you out. Not worth it. She had licensed designs selling, I didn't turn her in, wonder how she sleeps at night.

I am pretty sure it just means that you can't sell the product..You are using the product to make something else...just as you would with nails, wood paint etc...You are not selling the fabric, just the end result..

Thanks for posting this link. It is very informative and indicates that the court's main concern is whether a crafter might be passing off an object they made as having been made by the licensee. Clearly this could be detrimental to the reputation of, say, Disney, if we all went around selling items which did not necessarily meet their standards, implying they had made them.

But, according to the link, if we say "this is not a * product. I hand made it from * licensed fabric" we seem to be covered.

Which sounds sensible to me.

Here's an idea: boycott any makers/designers who market such fabric. If I pay MY money for something, I will do whatever I please with it... whether it's for myself, for a gift, or for sale. But if you insist on buying such fabric, please consult with your attorney to see what your options and limitations are. I cannot see how a manufacturer or designer can legally specify how one is to use their fabric... a free pattern, ok... but fabric one buys? Hardly!

Guerilla Granny on a soapbox (again).

It means you can not buy the fabric and resell it but it does not limit you to selling a product you make from the material. You are not selling the material, but the product.

Well you are not suppose to sell them, but if you have the people pay for your sewing & not the fabric, I think you can get away with it. I've done this with fabric & embroidery, if the person buying doesn't report it, you won't have a problem.

According to my understanding of what is on this website, we can use the material to make something for sale. We just have to claim that we are not "related" to the manufacturer in any way shape or form.

This sounds too complicated. If we purchase licensenced fabric we should have the right to do what we want with it. I remember the same confusion about patterns not too long ago.

Best solution is to design it all yourself and get back to cottage industry status so that the litigators can't get at us again.

Do you know the name of the maker of the fabric? Can you get a phone number or e-mail the company and ask them. I probably would not have even bothered to read that. Oops I might be in trouble. Good luck.

I would not buy that fabric, their are too many others to choose from, unless you cannot live without it

I agree with Grannie!

This is the only way I know of to use licensed fabric to make things for profit. Have the person purchase the fabric and pay you to make the item.

Diane

You are the individual! You are not a company or clothing manufacturer.
So, what you are making is only a few... (not thousands) nobody is going to fuss at you if you do or do not sell a few.
The copyright is meant to make the fabric available to quilters who are individuals, not large scale manufacturers.

[quote=lalaland]These two sites explain it all quite clearly.

DO: Buy whatever fabric you want, make whatever you want and sell it to whomever you want. Period.
DON'T: Make a copy of the fabric.

I especially like the analogy of Pillsbury not allowing the use of their flour in the baking of cookies that will be sold.

LOL, this is good.

I have always changed something about the quilt pattern I'm making.I've changed colors,block direction,borders,size,even adding elements to the pattern. Wonder if that makes a differnce?

i have run into this with NFL fabrics. you are allowed to make something for personal use - that is to use yourself or give to a friend but the copyright infringement policy goes into effect if you try to sell something you make with it.

That applies to manufacturers who will turn around and make a lot of items. It does not refer to someone who might make a couple of purses and sell them to friends or at craft show.

Can you imagine someone trying to find that person doing that?

You can not sell them without permission, but in my experience - it's not hard to get permission. If you just want to sell to a few friends, most folks will say "go ahead". I have even gotten permission to sell a few in my daughter's shop. These people are just trying to protect their rights.

This is all very interesting and very informative. I know that I would definitely not want to go to court on infringement against the corporate giants - it would be too exhausting, time consuming and expensive!!

If it is absolutely necessary that you use the licensed fabric for items that you are selling, email or call to find out and get permission and include disclaimers. If it is not necessary then I would choose from all of the other fantastic fabrics that are available.

If that were true, wouldn't the fabric shops get in trouble for buying the fabric and then reselling it?

Have not seen this on fabric, yet. Give me a break! Good luck KSUE

Just do like the one lady and when they donate "x number of dollars to your fabric fund" you will give them one....:)

Nonprofits do it all the time...give us $25 and we'll send you a book, etc.

Or as some suggested, have them buy the fabric separately and then pay you to make the item. You could make up a bill like that.

But I think you worry too much. :) How many are you making anyway? Who is going to complain and where would be the proof that anyone sold anything to anyone once you were done if it is just for a few friends and their friends?

I'd think they have "bigger fish to fry". Maybe I'm wrong, but hard to believe any company would go after someone who make 2 or 3 of something (even if they didn't want them to which is debatable according to many of your references). It seems way more trouble than it would be worth to the company.

I think, after having read the court decisions, that asking permission to do something you already have a right to do is asking for trouble.

Waiting for an answer too.

If you comsider the amount of time you put into making whatever item it is, you aren't really making a profit, or very little anyway, unless you're selling the item for considerably more than what most people would be willing to pay, If you're doing a craft sale or sale to friends, any amount of $ you 'make' really just covers your expenses. If you ask an accountant how much you'd have to charge to technically make a profit you'll find that most of us qualify as hobbyists not businesses (including many businesses).

Received my answer. Yes, as long as I did not mass produce.

It varies by company. Some do not want you making money off their designs. As in passing strawberry shortcake off as yours. Other times you can use it, sell your items, but cannot advertise those items or sell in chain store. For specific legal requirements I would call the company.