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-   -   if you make quilts/items to sell- a new developement (https://www.quiltingboard.com/main-f1/if-you-make-quilts-items-sell-new-developement-t169254.html)

cmw0829 11-21-2011 09:42 AM


Originally Posted by Stitchit123 (Post 4705866)
This is so wierd-- As I was waiting for my turn at the cutting table the lady in front of me was buying fleece with sports team logos on them to make Christmas stockings to sell at her Flea Mkt booth.Another lady said what she was doing was illegal and 'Don't you read the selvedge' blah blah blah and she could be arrested I could not help but to lol at that remark. I figure once its purchased its yours to do what you want..I don't read the selvedge other than to make sure the color code is there But from now on I will make sure to not buy any CFs and to let the store know why.

What the lady buying the fleece was doing IS illegal. The team logos have some sort of trademark and copyright associated with them. Like the Disney designs on embroidery machines. You can't use them to embroider items for sale. And Disney's lawyers do find "little people" who are doing this and they deal with them.

It seems as if the fabric designers must now be copyrighting or some such thing their designs. They have a right to do so but who knows why they are.

Jingle 11-21-2011 09:49 AM

I don't sell quilts, and I would not buy fabrics like that.

CarrieC 11-21-2011 09:56 AM

Well you said it best for me too Dunster! Thanks.


Originally Posted by dunster (Post 4704773)
I don't even want to think about this. I don't want to argue about whether it's legal or binding or what "commercial" means. I just won't buy any fabric that's marked that way. Ever! And if a manufacturer has one line marked that way and not another, I just might have to avoid that manufacturer completely. So there!


ghostrider 11-21-2011 11:23 AM

Amy Butler, for one, is removing the restriction from all her fabrics in future printings. She mentions it in the FAQ on her website, along with being very clear in saying you can use her fabrics to make projects to sell or in the manufacturing of finished goods.
http://www.amybutlerdesign.com/faqs/

Kitsie 11-21-2011 11:25 AM


Originally Posted by QuilterChick (Post 4704956)
Maybe we should post the names of designers who have this "propriety issue" so we can avoid them.

That would be a good idea! What about buying on-line? Are those stores going to advise us if a fabric is marked as not for commercial use?

desertrose 11-21-2011 11:31 AM


Originally Posted by ptquilts (Post 4704899)
In addition to not buying the fabric, let the store owners know you are NOT buying that fabric, and WHY.


I agree totally with you. This will make the point to the LQS and then they can let the MFG. know they no longer stock these designers lines. If that doesn't make a point where it hurts nothing will.

luvstoquilt 11-21-2011 11:35 AM

That stinks! I don't sell my quilts but I feel if you purchase fabric you can do with it as you please. I also send it to friends that quilt for charity and I certainly do not want anyone to get into trouble. What next?

Mamatron 11-21-2011 11:35 AM

Wow, I do not make items to sell but this is ridiculous. I agree we should post the names of the ones that have this restriction so we can avoid them.

klarina 11-21-2011 11:39 AM

totally agree with you.


Originally Posted by Sewhappytoquilt (Post 4704624)
Well, here's a quick fix - stop buying licensed fabrics. Do they want folks to use their fabrics or not?


klarina 11-21-2011 11:41 AM

this is just so stupid. If you make items to sell it means that you will be buying large quantities of fabric. Then, the company would make more money. or not?

Why would they limit the use of the fabric without limiting the sales of said fabric. They are not thinking with their right mind.

jaciqltznok 11-21-2011 11:54 AM


Originally Posted by MrsBoats (Post 4705044)
This (http://www.tabberone.com/Trademarks/trademarks.shtml) is an interesting article on the ins and outs of trademark protection, and lack thereof. A lot of it boils down to the designers would like it to work like that, but don't have any legal standing. They DO have a lot of money, though, with which to hire bully lawyers to make it seem like they do.

I wish people would STOP posting this site...it is so WRONG...and quite frankly SHE does not have the time, nor the money to research EVERY legal issue there is concerning the NEW copyright laws!

YES, these designer, CAN and ARE demanding that their fabrics NOT be used in items for sale. Pattern designers too....the best thing WE can all do as a collective group is to collect the names of the designer/lines of fabric and the names of pattern designers and BOYCOTT the heck out of them.
I know many LQS owners will NOT carry patterns with limitations on them, so maybe now they will have to learn which fabric lines to not carry as well..and it is up to them and US to let the manufactures know why we will no longer support those designers...really, enough is enough...and all this makes me happy I have a large stash of older fabrics....

jaciqltznok 11-21-2011 11:56 AM


Originally Posted by Kitsie (Post 4706329)
That would be a good idea! What about buying on-line? Are those stores going to advise us if a fabric is marked as not for commercial use?

that is a VERY valid point....will be interesting to see what they have to say...going to ask my professionals groups!

kacklebird 11-21-2011 01:43 PM

If we can find out the names of the Designers I think we should send a letter, sign a petition, etc!

Greenheron 11-21-2011 02:09 PM

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

I read through this site although I didn't follow all the links. Surely there is a difference between an artist/crafter and a major manufacturer? I certainly do not have the expertise to follow the legal tangle or come down on one side of the argument or the other. However, if it is sold at retail and I purchase it, I intend to use it as I please. Until they install a GPS signal in the threads, I hope to duck the Designer Police.

Sheila_H 11-21-2011 02:28 PM

If they don't want they're fabric being used for commercial reasons then it's simple don't sell the fabric to LQS and if they want to do business with the LQS then it should be marked right on the display area "not for commercial use". I don't think the companies attorney's are going to visit every craft sale/flea market or LQS store to see who's playing by the rules.

harvsstuff 11-21-2011 02:41 PM

So how is this person going to know that you are selling something you made with their
fabric! I mean thing about it.

ube quilting 11-21-2011 02:47 PM


Originally Posted by ptquilts (Post 4704899)
In addition to not buying the fabric, let the store owners know you are NOT buying that fabric, and WHY.

Giving voice to a situation is the most important thing you can do. Make it known girls! I will not buy!

EDIT: Greenheron Rocks! Jaciqltznok too!

frannella 11-21-2011 02:53 PM


Originally Posted by MrsBoats (Post 4705044)
This (http://www.tabberone.com/Trademarks/trademarks.shtml) is an interesting article on the ins and outs of trademark protection, and lack thereof. A lot of it boils down to the designers would like it to work like that, but don't have any legal standing. They DO have a lot of money, though, with which to hire bully lawyers to make it seem like they do.

I agree--seems to be a case of bullying....reminds me of a recent article in our Sunday paper about people who own beachfront homes who put up all kinds of legal-looking "no parking" and "no public access" signs in the hopes of deterring people from perfectly legal access

thepolyparrot 11-21-2011 02:53 PM

If I remember correctly, this has already been taken to court on several occasions and settled in favor of the crafter/purchaser of the fabric.

BarbM32 11-21-2011 02:56 PM

I will not be buying anything that says I cannot resell it. I did not know about this welcome information but you better believe I will be looking at the selveges from now on. Thank you.

ube quilting 11-21-2011 02:57 PM


Originally Posted by ghostrider (Post 4706319)
Amy Butler, for one, is removing the restriction from all her fabrics in future printings. She mentions it in the FAQ on her website, along with being very clear in saying you can use her fabrics to make projects to sell or in the manufacturing of finished goods.
http://www.amybutlerdesign.com/faqs/

Hurray for AB. I like her fabric too!

ube quilting 11-21-2011 03:04 PM


Originally Posted by #1piecemaker (Post 4705369)
Everybody wants a piece of the pie don't they? I will be watching what I buy!

And we're the ones buying the ingredients and making the piefor their benefit!:D

LivelyLady 11-21-2011 03:20 PM


Originally Posted by Sewhappytoquilt (Post 4704624)
Well, here's a quick fix - stop buying licensed fabrics. Do they want folks to use their fabrics or not?

Excellent solution! I agree!

abc123retired 11-21-2011 03:25 PM

IMHO it means you can't sell it to a factory, however small, where they make it up into 1500 purses or whatever. But a lawyer with nothing to do might find a case against that. Do you think you can sell it at a garage after your kids have outgrown it?

Holice 11-21-2011 03:28 PM

does anyone write the manufacturer and express their opinion???

abc123retired 11-21-2011 03:33 PM

It has to be okay if it goes from my home to someone else's home with NO Store in between even if I get paid for making it.

pippi65 11-21-2011 04:02 PM

What if you purchase the fabric and there's no selvage on it? This won't stand up in court. here's a little more info about this I don't know how to do the link where you can just click on it. www.tabberone.com/trademarks. I agree you'd think they'd be happy someone is showing their fabric in their book. Free advertising I'd say. They better be happy people are buying fabric with the economy what it is. Just my 2 cents.

pippi65 11-21-2011 04:05 PM

Too funny my DH said the same thing about the fat quarters!! If you have no knowledge about it how can you honor it?

bearisgray 11-21-2011 04:09 PM

I don't KNOW any of the laws around this topic -

But I don't think Ignorance of the law gets one off the hook if one broke that law. Whatever it may be.

Or how unreasonable it seems to be to an ordinary person.

pippi65 11-21-2011 04:09 PM

Smart lady.... hopefully we'll see this happening with other designer's.

pippi65 11-21-2011 04:10 PM

That's what Judge Judy always says that ignorance is not a defense.

Sienna's GiGi 11-21-2011 04:14 PM

Well I do sell some of my quilts and even if I didn't I would still be concerned. You never know what your economic situation will be tomorrow in this economy. My stash is going to my daughter when I pass and I'm going to try my best to have a stash free of "legalities." She does not need to deal with this.

luci4 11-21-2011 04:22 PM

Will keep watching this thread. Will also be checking selvedges.

NanaCsews2 11-21-2011 04:26 PM

I get it and I don't get it. I can't wrap my head around all the legalese of this stuff. I will be checking the selvages from now on though. Those I order online, I will cut them off before folding them neatly and adding them to my stash stacks. Behind closed doors.
I feel for all of you that create to help out your families budget. I know I would feel the same if I were in your position.

sewingsusie 11-21-2011 04:59 PM

I agree--dont buy their fabric.Once I buy something I consider it mine and I dont like anybody telling me what I can or cant do with it!!

klarina 11-21-2011 05:00 PM

Amen to that.


Originally Posted by sewingsusie (Post 4707395)
I agree--dont buy their fabric.Once I buy something I consider it mine and I dont like anybody telling me what I can or cant do with it!!


Greenheron 11-21-2011 05:23 PM

Fabric may say something on the selvedge but I don't believe there is any compact between the designer and me when I purchase some. But oh, oh, oh! Just thought of another piece of utter madness in this material(istic) mess. See if you can follow my scenario---Martha makes some much needed money crafting and sewing. She's good and is known for the lovely t-shirt quilts she assembles for customers. Her quilts often contain shirts bearing the licensed logos of colleges and professional sports teams. Is this an illegal license infringement? Will there be a knock on her door? A 'cease and desist' order? Will her iron be confiscated? She's profiting from the use of logos!

ghostrider 11-21-2011 05:55 PM

Greenheron, if the customer provided the shirts and is getting the finished quilt back, no change of ownership has taken place and Martha was simply compensated for her labor and supplies. Whether the quilt now counts as a derivative work is a whole 'nother stinky question.

Greenheron 11-21-2011 06:05 PM


Originally Posted by ghostrider (Post 4707646)
Greenheron, if the customer provided the shirts and is getting the finished quilt back, no change of ownership has taken place and Martha was simply compensated for her labor and supplies. Whether the quilt now counts as a derivative work is a whole 'nother stinky question.

Thanks for that solution. I was going for a 'reductio ad absurdum'.

But..........if quilters include 'home use only' fabrics in a quilt could they not give the fabric as a free gift and charge only for their labor and other supplies, as well as taste and talent and misc. costs?

simplyme 11-21-2011 06:40 PM

What about pre-cuts? I make quick quilts to sell all the time with pre-cuts and there is no way to know what the salvage says.


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