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?

Some of the license holders to these fabrics say no to making items for sale. If it says that on the fabric, I would probably not use it for these items :D:D:D

in line behind you waiting for an answer...

My understanding is you are buying the fabric to use yourself and CANNOT resell it , that is why it is labeled that way

On the other hand you are not reselling the fabric, but the product you made. Too confusing!

You make perfect sense. If a woodworker buys lumber and makes birdhouses, he should be able to sell them.

I don't see why you could not sell what you make.

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?

You can have your 'customers' buy the fabric and then charge them to make the purse. You can't use the fabric to make or mass produce an item to sell.

At least that is my interpretation.

I see it even on some of the fabric sold at Walmart.

you would think if a person has fabric to sell they would want to sell more of it buy letting people make their crafts and thus benefiting all parties.

I agree

Then wouldn't the fabric sellers be losing money by not selling as much. doesn't make sense to me.

Go read the court decisions on this question.

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

It wouldn't be mass produced. Just selling a few items to earn some extra income.

I have read pros and cons on this.

I don't want to resell the fabric - I want to make an item using the fabric.

That does sound like a plan, but would people really go to all that bother? I wonder...

Call the manufacturer and ask. If they say yes it is alright, ask for it in writing maybe?? I have such a hard time with copyrights! And my job has everything to do with laws and regulations LOL

When I contacted the copyright office they said all that is protected by the copyright is the fabric itself.

Yeah, that was going to be my next approach - to be on the safe side. thanks

Check out this website:

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

gaigai, in a post, stated the following and included this website, "It seems to indicate that even though McCalls and Quilters World (and any others) SAY they can restrict what you do with quilts you make from a pattern, it is NOT correct. I urge all of you to read the article. And do whatever you want with the quilts you make".

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

Bottom line is, once that pattern, or copyrighted fabric for that matter, has been sold, you can make and sell what you wish. It appears that the restrictions simply do not hold up, they are not legally enforceable.

I have called and asked permission and have been asked to limit the number of items of that design I am selling to "x" amount (which is easy since I'm not an assembly line), to give credit to the pattern creator when I sell the item , and to not duplicate, or share, the pattern (a lot of people will ask you for a copy of the pattern, you paid for it, they should too). That certainly is fair.

I carry a disclaimer with me, which I got on the above website, in case anyone challenges me on an item I have for sale. I've never had to use it.

Hope this helps!

I will definitely be watching this one. I'm quite curious.

I would find another fabric. Let theirs sit on the shelf.

Me too!

So what about all the fabric stuff at Arts & Craft fairs?

I have bought patterns that I paid a decent price for and some of them say the same thing

Thank you. That was very informative reading. What exactly do I print for the disclaimer?

if i understood the previous post correctly, you can find a sample disclaimer at the tabberone website.

i wish one of those fabric manufacturers would try to sue me for using fabric i'd acquired legally. i could use the few million dollars i'd win in the countersuit for harrassment and defamation of character. :lol:

just visit their web site and use the contact form and ask...99% of the time permission is granted - just tell them what you are using the fabric for and ask for permission to sell your items...and wait for the reply...then print it out and keep a copy of it in your files. it really is not a big deal to ask when using peoples (fabrics-patterns-books) they more oftenthan not grant permission...but if you do not ask...and get caught the consequenses may not be so good.

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. ;-)

Unless you signed a contract, I wouldn't worry about it. It didn't specify what you could use it for. Nor, did it say how you could dispose of it. Reckon they are going to track you down?

While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc.

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*

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.

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.

:lol: :lol: :lol:

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.

It is on all collegiate fabric and some others like cartoon characters, Disney prints etc.

I would choose alternative fabric for the purses. If it was marked for individual use, chances are that you can't sell it, but why take the chance. There's soooo much gorgeous fabric out thee that you CAN use without issues.

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.