All I can think of is the vast number of people that quilt - those attorney's would be one busy bunch of people trying to look at every quilt to see if there's an infringement on policy.

My BIL is an attorney I asked him about it tonight and he said unless the company sends a legal notice with each bolt of fabric to the buyer, stating that they have a copyright and need to be notified if someone is going to display it in a show; there really can't say anything. He said about the only time you might get into the gray zone is if you win a large sum of cash you would probably need to notify the manufacturer.

He said that there are a lot of old laws on books out there that have never been amended or updated in years! He said they would have a hard time of them trying to get a judge to hear it in court as they're already overloaded with nonsense

This I totally will do!

I think store owners should be made aware so that they don't get stuck with a lot of fabric no one wants to buy and I agree if that's the case why bother buying their fabric. It's crazy if a friend likes what you made and asks you to make them one you can't do that. Oh well just be careful buying thanks for letting us know. Sue

POLKA DOTS??? really...I agree..ENOUGH of the greed...that is sad and ridiculous!

I don't think legally it will stand up. It is the same as paints for a painter.

Thanks for posting this, as Amy Butler was the first designer that I became aware of that was putting this statement on her fabrics. I am unsure, though, if she was the first. That being said, her FAQS distill the issue pretty well. If a crafter, manufacturer is using the Amy Butler NAME (or any designer's name/logo) to bring attention to the product, market the product, etc then that would be a violation. As a previous poster stated, my impression of those statements are against mass producers of products bearing their designs that are using the names, images, etc to drive and increase sales. JMO.

I agree 100 %

I agree. I won't be spending my money on their fabric. Like my Daddy says, "they are cutting off their nose to spite their face"
Robin in TX

I totally agree. I'll use what I have but unless it is for the grandkids, I will be passing up a lot of the "not for commercial use" fabrics.

Guess I will have to put a note in remarks about the selvedge marking when purchasing online!

Interesting. I would have thought commercial meant Wal-Mart, Target, K-Mart, etc. any big merchandiser.

Unfortunately there is a lawsuit about the use of this fabric in progress now.

OK lets be real. Just how many of you are really going to check to see what is on the edge of the fabric before you buy it. I don't know about you but with the price of fabric I am just glad I can FIND some fabric that is in the color and style I want and a price I can afford let along looking to see if I could or could not use this to sell. I suppose if I started some big quilt or other operation that used alot of this fabric I would need to think about it but for the piddly amount I use I don't think it is a problem. I think where they are going after people is those who make jackets/blankets etc in the "team" fabrics or any other license fabric and sell them at flea(flee)markets. At any rate I am not worried and will still make and every now and then sell what I make and still not worry. (()That is my story and I am sticking to it)()()()

Think about this. Almost ALL fabric is now made in China. The counterfeiting capitol of the world. And some high fallutin' fabric designer would rather go after the home crafter? Amazing.

Maybe the best selling sewing magazines should publish articles on this subject, and name names. :)

It would be interesting to have the name of the case; if they are suing a home sewer/crafter, how pathetic! What are their "damages", for making less than minimum wage ? If it weren't so sad it would be laughable!

Wouldn't it be justice if the judge's wife is a a quilter !

I keep trying to come up with a logical scenario where this would actually be to the designer's best interest and so far
I can't figure out anything that makes any kind of sense.

I do sell items so this concerns me. To my knowledge, I haven't bought anything with this warning on it. However, I will be careful and check every piece from now on. Of course, I don't buy a lot of fabric right now; thank goodness for large stashes!

Good for her. I love her fabrics. I havent' bought any yet, on moritorium, but will keep that in mind when I do. Most of my things that I plan on selling if I ever get around to it are made from hand dyes and the lady that does the dyeing is thrilled for me to sell stuff

How outrageous is that? Like many "folks" in this country...desigers seems to be getting too big for their britches! They are designing to sell, aren't they? So what if you make a quilt for yourself, it ends up in a yard sale or at the flea market...this is just the most ridiculous thing I have ever heard. Is there going to be a design police? If I see that on the selvage, I will not buy it, not because I cannot resell it, but because of the principle of the thing, give me a break!

FINALLY! A benefit of not being an experienced quilter! I don't quilt well enough to sell anything I make. LOL. However, I will support all of you who are affected by this greediness. I will become more aware of selvages I will not purchase these fabrics, and will be very vocal about it. Your sister quilter.

I have been following this thread with interest. I am still having a hard time wrapping my head around the fact that a designer designs a fabric the he/she feels will be marketable and sell well. They have it produced by the fabric manufacturer to...well...sell. So folks decide the fabric is awesome, buy it (sometimes at a premium price), take it home because it is perfect for a commissioned quilt, table topper...whatever. But wait! Can't do that because the same designer that was anxious to create a marketable fabric and have it produced for sale....wants...what??? A commission on anything crafted with that fabric and sold??? Phew.....it doesn't make sense. What do they expect to happen? That we would all pay to sit and stare at the fabric as one would in a museum? I can almost understand the sports logo type issue, but the rest is plain lunacy! If one makes a craft of their material that sells well at a flea market or specialty shop, then they will make more money because more fabric will be sold. Humph! I will definitely pay attention to the selvages on the fabric I buy from here on. I have yet to sell an item, but it just doesn't make sense. I respect the talent that goes into producing fabric designs, but when I part with my hard earned dollars to purchase said fabric, I feel that it then becomes mine to do with as I wish. By paying for the fabric, I am in essence paying the designer. Good Grief!

Things are getting out of hand!! I guess I will not let it bother me. Someone has too much time on their hands.

How about using the fabric for charity. I probably will avoid fabrics marked that way. Their loss my gain.

How about I sell my work/time involved, but am giving away the fabric part for free?

I feel our LQS should place these in a special rack marked for us to see. They should do that as a courtesy to their customers. Also, they should not make pre-cuts of these fabrics. However, on a recent visit to Walmart, I saw a shower curtain that had the same design as a certain Kaffe Fassett fabric that I have. The label said nothing about Kaffe only "Made in China". I think this is what they are trying to stop. Sad thing, the fabric may have been made in China.

I agree totally!

I agree with everything you said but still have trouble with the sports and disney materials. I still have disney material from years ago when they didn't have the restrictions. I can't make anything with it because my kids don't even care about disney anymore. My grandkids say "Minnie who?" Ohio State material used to be sold and I made stuff for my kids with it but now one can't even find it anywhere. They want you to buy their finished products. I don't want that so don't buy anything. Their loss I figure. Greed is a sad thing.

Has anyone heard from a manufacturer or designer that has their name on a selvage?

That's the point; it is NOT a law. Just because they would like it to be so, does not make it so. They could print on the selvedge "not to be used by anyone named Sylvia," but they could never enforce that because the Sylvias of the world never agreed to it.

Usually when things are restricted like that, they'd be happy for you to use them provided they get a cut of the profit. Lots of luck with that!!! I would think they'll soon learn.

You cannot get arrested because it is a civil, not a criminal matter. The complaining party has to hire an attorney to sue you. And frankly, that's not likely because it would never hold up in court. You might get a letter, and they want you to cave in, but they really don't want you to fight them in court because they will lose. There is no contract if both parties do not agree to it.

I agree!

Cookie64

Books marked Not for Resale are prerelease copies that are sent out for reviews. And not intended for any type of retail sale.
SandyQuilter

Hi CK ---Is "Not for Commercial Use" because they use this fabric for making up quilts for stores like JC Penney, etc??? I don't make anything to sell - my friends and family get my stuff !! :-) There has to be a reason a designer or manufacturer would curtail sales. If I love the fabric, I would still buy it for personal use. Maybe someone out there knows the rest of the story. I'm coming north for Christmas - maybe I can catch you then. Will PM you after Thanksgiving.

I agree! If we stop purchasing the fabrics stamped for non-commercial use and other restrictions, they will get the message. Remember we have a large voice here on the QB, Walmart brought back our fabric !!!

This whole ‘not for commercial use’ thing is not new. It goes back to 2006 when Amy Butler and Helen Ross (separately) put commercial use restrictions on their fabrics. Both designers were manufacturing finished products (pajamas, intimate wear, etc) from their fabrics and did not want competitors to benefit from their brand, their name. That, to me, makes sense, but I think they should have taken those particular fabrics off the market and just made them unavailable to everyone.
<O:p</O:p
Butler had eBay take down ALL listings of items made with ANY of her fabrics and the uproar was HUGE. Butler’s company was so slammed by eBay sellers in the press that she changed her policies. She now requires licensing arrangements from her wholesale buyers, but retail purchases are not restricted at all. Ross has also changed her position I understand.
<O:p</O:p
These restrictions are not a part of copyright law at all. Contract law, trademark and licensing law? Maybe. Enforceable? Probably not, in my opinion, unless you actually signed an agreement at the time of purchase. If they start printing ‘Licensed fabric - Not for Commercial Use’, that’s when I’ll think about not buying it for use in stuff to sell.
<O:p</O:p
Some history:
http://wendy.seltzer.org/blog/archives/2006/10/17/restricted_fabrics_cutting_against_the_grain_of_pe rsonal_property.html
<O:p</O:p
http://whipup.net/2006/10/23/fabric-copyright-and-licenses-oh-my/

Be careful with that, the present attitude of this forum is, that post would be deleted and all the info lost. Politically correct is the only accepted attitude.

This is the first post that makes sense!! If these lawsuits are such a common occurrence why is it the only place we hear about it is sewing/emb.boards? I have never seen a news article or a link to one. It's always someone that knows someone whose neighbor's sister heard about it. My understanding is(per my attoney) you cannot be arrested or have your machines confiscated. This is not a criminal matter. If you are not presenting your items as "official" you are not violating anything.

I have not seen this on any fabric yet but I sure believe you that it's there! I do not sell things so this wouldn't be an issue for me but I just think I'll not buy any fabric that says that just to boycott the designer/manufacturer--what silliness! With the price of fabric going up, you'd think they would just be happy to make a sale!!! I guess I'll be using up my stash.