Honestly, with those fabrics, you aren't going to have any problem if you sold a few at a local craft sale. It's listing them on Etsy or Ebay that will make a problem. I often make 3 of an item to get it just right. Then I sell the other 2 noting the imperfections. That's still a personal use, not commercial use.

17 pages and going strong so I'm guessing not anytime soon. :)

Here are my two cents.

A design is consider Intellectual property. That is the reason the designer is paid for the idea. The design unless they sell it or give it away remains their's.

IP law is very expense to prosecute and takes a lot of time. Most copyrights and patents are only valid in one country. The designers rely heavy on people doing the right thing. Some items are not copyrightable and some patterns of fabric would not hold up. (For example, a geometric design where the designer would have to "prove" if the case went to court that the pattern was their orginial idea) Sometimes such statements are added as a matter of course and the copyright work has not been done. Cease and desist letters are the first step in prosecution and for many companies the only course of action necessary.

I agree the right step for us all to take is to make sure that the stores we purchase from know we want the freedom to do what we want with the fabric we purchase. I also agree that we should write the manufacturers as well. Voting with our pocketbooks will make a difference.

I have made quilts for myself or to show with no intent of selling them. Then, someone offers to buy the quilt and we agree on a price. That could be a problem now, if I used any of those fabrics!
Kathy

wow It isnt fun any more lol first $12.95 fabric and now they want to tell you how to use it.

Right on!! Boycott is good. No fabrics that say
"for commercial use only"
I won't forget!
It adds to the price and also limits the uses for the purchaser. We don't need higher prices.

My opinion is that they don't really care if you buy their fabric. Someone else will buy it. It's an attitude that they have.
Why do they put that phrase if they really want to make a profit?

That is a good idea.

This is a touchy one for me from 2 points- 1- as a sewer who may happen to use a piece and not realize it.
2- as an artist who has had designs copied and someone else taking rights to them. My grandfather was an inventor who had pattens stolen from him by simple drawing changes like by only flipping the layout on the drawing and resubmitting it and the patten then given to the scoundral who did it. Isaac Singer was notorious for such underhanded tricks.
Really the issue is not applicable to the crafter it's to the retailer who may be using this material in commerial production for which the designer must be notified and compensated-just like music is copyrighted and rights have to honored. With the theft of original work and cheap reproductions this is no surprise nor is it new, just simply has finally hit the salvage markings- it's nothing to sweat over.

Too bad crafters and quilters cannot use this ploy. I know a lady who has a 'primitives' store. Some items are locally made, some USA and most from overseas. She explained to me that when a craftsman comes up with an original design or a new take on an item it is displayed for sales orders at a marketing event. Spies are there to search for new ideas and NEXT year the marketing show is presented with a knock-off of the original, mass-produced overseas, at greatly reduced price. Retailers will order the cheapest product. The originator is knocked out of competition. Think a "Not for Commercial Use" label would help?

Where is it "all over the internet" I havn't seen it.

My question, too. similar stories show up on a regular basis yet no one can point to an actual case.It's always "someone knows someone who knows someone" that had this happen. If this was true, and people were being targeted it would be on the news somewhere(not that what you hear on the news is always true either).
Yes,I have read about colleges etc. cracking down on people using their logos,but that is a different scenario all together.

I just will not buy their fabric. End of discussion.

Yeah so there!

Why would the designers be sued? What exactly did the article say? I think you would just want to contact the designer and get permission first. These fabrics are sold to major manufacturers..and us boycotting will only make a very small dent in the profit line. That may actually be the reason for the disclaimer...the designer may have sold rights to a major article manufacturer...and the contract with them is exclusive.

http://www.quiltingbusiness.com/quilting-copyright.htm

I found the above online. It gives some information on resale of licensed fabrics (items made from them). You can't sell a quilt or clothing item from a commercial pattern without permission.

You do have a right to make an article/quilt of your own design (or one in public domain...ie, 9 patch, Irish Chain) from licensed fabric...the article references a lawsuit that a company won against Precious Moments. They actually had to change their labels to say the pictures were the copyright of Precious Moments, but they were allowed to continue to make and sell the articles.

For more information, check the link above. I had read this article before (and the linked articles in them)...and when I used design logos, I still checked with the schools to get permission....it's only common courtesy to do so.
Marge

Thank you for the note of sanity, Don. I've spoken with some fabric retailers, both very large and very small, and they have all said the same thing. One major retailer even added that, given the speed that new fabrics move through the market these days, by the time you get a cease and desist order, the fabric won't be available any longer anyway.

I too would not buy any fabric that had that on it. Like the lady said you probably wouldn't remember what it had on it a year or two later.

I agree. Times are very tough for more people than the "well off" people realize. It's not like when I sell an item that I made, that I am making a million dollars off of it. I am in NO WAY-GETTING RICH by any stretch of the imagination. You would think that companys would want they logos & products out in circulation. It's a very sad day, when a housewife/househusband can not make a little extra money to help support their family. I guess it means no electricity or food to eat. A sad, sad day.

Have a blessed & safe THANKSGIVING.

debra

I've never sold a quilt, yet. You could always have the customer sign a paper stating that they are paying you for your time to construct the quilt, but I'm not a lawyer. I will check for future purchases as I believe once I purchase material then I should be able to do with it as I please.

Oh good grief, what next?

I remember years ago a crafter in Mt Gambier (Sth Australia) got into strife for using material with an indigenous theme, I had bought some lovely silky microfibre fabric at the time to make a top, it also had an indigenous theme. I made it up but never felt comfortable wearing it out after I heard about her. Everything is becoming so ridiculously libelous (sp). It really does make you feel like boycotting (sp-again).. sales of fabric by those designers, do they want to make money or what!!!

Amazing that in a recession there should be designers out there trying to restrict sales of their fabric. I would have thought that selling products made from a designer fabric would be regarded as free advertising!

its totally ABSURD..when I purchase something..ITS MINE....the manufacturer and designer has made their profit on it and if I want to profit from something I design..so be it..ITS MINE

I can understand if Amy Butler or other designers mentioned here don't want you selling a quilt labeled "Amy Butler". To me that would be a problem. The same goes for the teams. If you sell a fleece jacket labeled "New England Patriot's jacket" using their licensed fabric, that should not be allowed as they didn't license you to sell it. But if you just sell the item without saying that it's from the team (even though their fabric is there) there should be no problem. Especially if you're not mass-producing those items.
If you were to ever sell a quilt, purse, or other item that you made and these people came after you, except for the headache of it all, imagine the publicity you would generate! The community and probably national support that would be generated by this would be fantastic and most likely you would quickly sell anything you made.
So if anyone hears of one of these lawsuits, we should get the word out. At this time when the little guy is getting pounced upon by big corporations, this would surely gain a lot of sympathy from regular people everywhere!
That said, I will not be buying such products and will point it out to LQS owners when I see it. I think one of the women designers mentioned earlier on in the post sells to JoAnn's so be on the lookout there. Also for purchasing online: if online shops received enough inquiries about this they might go back to the manufacturers and ask that they not continue this practice. I know the next time I make an online purchase I will either call the shop or send them an email in advance to let them know I'm concerned about this issue, and not that I worry about being sued but just on the general principal of it.

Wow, saw that on a web page and never, until now, understood the big picture. I would love to hear the fabric designers view on this. I think if I wwas a designer seeing my fabric good enough to be sold for a quilt that would be a great sales point? Now I have another question, what about quilts that we make for donations? Where or if, does this fall in this copyright challenge?

Even if we don't sell what we make, we should boycott this fabric in support of our fellow quilters who do. This is pure
nonsense. There are too many fabrics out there that we should be able to find what we want without having to buy from
these designers. I think they may just get the message.

It just might start a new trend in wholecloth quilts or plain colours with elaborate other embellishing. That is unless people try to make money out of copyright for them as well. After all, Durham Quilts have been around for a few hundred years and a lot of modern quilters are putting their own names onto designs and crafts that were traditionally English.

I think they put that on there but really do not enforce it unless it is blatantly obvious. Could you imagine a crump or scrap quilt with their fabric in a 1/2 x 1/2 square on it. Go ahead and prove it was your fabric that was used. LOL, I would just boycott them for their arrogance any ole ways!

link to information re copyrights
 

The person who provided the information for the link below is cautious to declare that she's not a lawyer but she has attempted to digest some information she found regarding copyrighted fabrics and patterns as well. She provides the links from which she formed her opinions. I think overall what she's saying is that the use of copyrighted fabric for items to be sold is if-fy but seems to be defended. In one instance, the copyright holder simply agreed to be credited on a tag attached to the item. Regarding the use of patterns to make an item to be sold, it appears that you really should get permission from the pattern creator.

http://www.quiltingbusiness.com/quilting-copyright.htm

What is the difference in us purchasing a bit of fabric to create with, then sell said creation and the person that buys a large chunk or bolt of fabric and re-sells it (starting price) at double or more the retail price? I know of at least one seller that is selling a NEW fabric, not OOP, at almost double the retail price. At least my item has some effort put into it other than cutting it.
There is another scenario which I have seen that I would absolutely side with the designer on. There is another seller that is copying one picture/item of the original fabric and enlarging it and selling such as a quilt block, or fabric block. I do not know that the fabrics being copied are protected, and I certainly don't know if she has an agreement with the manufacturers. Without certain knowledge of any agreements between her and the manufacturers, I'm not saying she IS doing anything wrong, I'm just saying that if she doesn't have an agreement, I would see that as a violation, IMHO.

Didn't I just read a post on here de-bunking this as a myth? Or did I read it on one of my other boards? Anyway- the license is from the owner of the design to allow the fabric company to print it ( ie they have nor just drawn their own picture of Mickey Mouse or John Deere or whatever) There is case law out there addressing the ridiculousness of deeming any license to exist with the end user.


But I bet we'll have pages of more responses just taking this at face value. One of the things that irritates me greatly about this board. All transmission, no reception!!!

All of this sounds ridiculous, how can designers have a control on where their fabric ends up, like ptquilts said try tracing a fat quarter.

i agree im not gonna buy any of there fabric . i think after i buy fabric it should be mine to do as i please with.

I'll stay my distance from buying any of it - I don't need hassles and problems to mess up my joy of quilting - there are so many pretty fabrics out there - and if bad gets to worse - use my stash till it is gone - or almost depleted anyway - and then cross the bridge when I get to it - but that would be years!!! I have a lot of stash!

The owner of a licensed college/professional t-shirt has the right to do what they want with that t-shirt. If they choose to have a quilter include it in a t-shirt quilt, it should legal. The quilter is only profiting from their assembly of the quilt. Wonder how many cars would sell if we were restricted from selling them at a later date.

What Greeheron said!