Licensed Fabric and Design Quilts that I make.
 

Okay, I have been creating quilts (now for 7 years) and was asked at the "Cottage Treasures" Quilt Store in Berlin, Ohio to bring some quilts in to see if they could sell them. No, problems with the ones that I have bought in and they are selling. Now, I am sure you all are much smarter in this area than me. If I purchased licensed "Ohio State" fabric from let's say, JoAnn Fabric, would I have problems selling the quilts with the "Licensed" Fabric (I pay for the fabric from JoAnn's) which says that it is Licensed at the store? I have been making Scarlet and Grey quilts using regular greys/reds/black, etc. However, I don't want to have pay more for the fabric (license to Ohio State or go go jail :-( for using the fabric that have all the Buckeyes and football players, etc. to make quilts to sell. Any help would be helpful, thank you everyone.

Let me preface this by saying I am not a lawyer, and this is not legal advice. Technically, my understanding is that you are free to sell those quilts made with licensed fabric, as long as you don't claim that they are legitimate Buckeye-approved items. But in reality, if someone from the Buckeyes wants to make trouble for you, it can wind up costing you a lot of money just to prove you have that right.

While I won't pretend to know anything about licensing fabrics for sale and the ramifications of that to a company or an entity like Ohio State, common sense tells me that the fabric was sold to Make stuff with, and that some people who make stuff with it will sell the stuff. Unless you are manufacturing great quantities of the quilts, It doesn't seem like you would have to worry about licensing fees.

Am I making too much sense?

I agree. It makes sense to me.

Yes it makes sense, and is legal - but sports teams and Disney have a reputation for taking people to court anyway. And their pockets are deeper than mine, probably deeper than yours.

What she said. I wouldn't be afraid to make something and sell person to person, directly to an individual who wanted it, but I would not put items like that on sale publicly. I think that's asking for trouble, and there's always some manipulative person wandering by that likes to stir the pot and set someone else in motion to make the fuss in their place.

Maybe you could have them at the quilt store but if someone wants one, the store could refer them to you? I would think that if the owner of the store is willing to sell them... It would be ok..

I would email the Buckeye corporation, and flat out ask them. That way, you will have an answer in writing, if it ever comes to that.
Generally speaking, though...if you plan to do this, then you are "in business"...get real legal advice.

I'm not a lawyer either. However, it seems clear that when push comes to shove, that the licensee has no control or say-so what you do with the fabric once you buy it. Everything I've read says anything past "1st sale" is not covered by a copyright. I've read anecdotal things online that indicate some smaller "copyright" holders will threaten to sue you (I'm talking individual quilt designers, etc.) for selling a quilt made from their pattern. That's not likely, as hiring a lawyer to do the suing is not cheap. Threatening to sue is cheap, however. Having a lawyer write a letter is cheap also.

The NFL keeps a staff of attorneys to enforce their copyrights and licenses. So aggravating you is cheap for them. You'd have to make a lot of quilts to get their attention, though. You'd probably have to imply or say that your quilt itself is licensed to get their attention even then. I wouldn't think that making a few Ohio State quilts would draw anyone's attention. Nor would they care as long as you don't imply that you are an "authorized quilter" for Ohio State.

bkay

Unless you are going into mass production or you are trying to sell them on campus and undercut the campus store, I do not think anyone will say anything. Joanns has paid the fees for the licensed fabric. You purchased the fabric and can make whatever you want out of it. Where a problem could arise is if you promoted them labeled them as official Ohio State merchandise. And, even if that happened (you have a huge sign saying 'OFFICIAL OHIO STATE MERCHANDISE FOR SALE') and it was reported, they simply confiscate the merchandise and order you to stop making them.

And Harley Davidson too! I heard once they went after someone selling T-shirt quilts made with HD T shirts that had been bought so Harley already got their cut. That didn't stop them for unleashing their lawyer wolves on the person who lost all their inventory and could no longer sell the quilts. This happened about 8 years ago if I remember correctly. I believe they didn't cite copyright law but trademark infringement law because you are making a profit with an item that has their trademark (the classic HD bar and shield, etch) which is a whole other basket of apples.

This is why there is no HD fabric because no fabric manufacturer is willing to pay their license fees. If you find HD fabric, it is cut up sheets.

You can look to this link to figure it out in your situation. I continued to sell my Disney licensed stuff on Ebay because of the first ruling. If I was in the business of selling, they probably could have made a bigger issue of it. I always stated on my sale page that this was an unofficial item made with licensed fabric. Disney sent me a cease and desist and I sent back a polite letter about harassment (with a copy of that Precious Moments decision). That was the end of it.

All of this legalize is one resason why I give away my quilts.

Yes, but I choose not to give up my rights and be bullied. Lawyers deliberately send out stuff on the hope that you will be intimidated, even if what they claim is incorrect.

Like someone else has said I would ask them if I could do it in letter form. If they say yes keep the reply so if any problems come up later you have the proof in writing to back you up.

Thank you everyone....all the information is great from the Quilting Board and lots of other places. The main thing is not to use OSU or anything like it. I think I can call it the "Fall Sports Quilt" will do it. And I am only making 2 or three quilts each year for sale and the rest are give to friends and family at Christmas or Birthdays. Thanks for you support....we are great together.

I live in Columbus and the jails would be really full if everyone who made and sold licensed Buckeye things got arrested!
You can't go anywhere w/o seeing OSU stuff!

For several years I have made and sold sports related items. I buy some of my fabric at my favorite LQS. They know what I do but we don't talk about it openly in the shop because they've been threatened by one of their distributors that if the shop knowingly sell fabric to someone who sells stuff with the licensed fabric, the distributor will stop supplying the licensed fabrics. It's illegal extortion and the shop knows it so to keep peace(and to keep the fabric in the shop) we just don't talk about it.

Cari

Licensed prints
 

I have been told on several occasions that once you buy the fabric, it's yours to do with what you want. Unless you go into mass production, you are clear to use that fabric and sell those quilts. One thing I can add, is IF any big corporation contacts you and says they're going to sue you, you can immediately apologize, and tell them that they should print the restrictions with each bolt of fabric so purchases will know, AND that you will contact the 11 quilts blogs and 3 quilt guilds you belong to and warn them not to purchase any of the fabric licensed by this company; that way, all the members you notify (thousands of them) will in turn notify a few thousand more, who will notify even more, and pretty soon, people won't be buying fabric licensed by this company, therefore eliminating the problem of misunderstanding. Since the $$ in bottom line for big companies, the biggest blow all us 'little guys' can deal them is not giving them money and also giving bad publicity in the process.

wonder what HD is doing to all the people with the HD tattoo on their lumbar spines? Skinning them?

Love this, Ruthie!!! Made my day!

I am not a lawyer either...But everything I have read in different quilting/sewing groups and on Tabberone.com I would have to sign a contract when I buy the fabric saying I will not sell items made from it. Do not bother calling OSU copyright department, they will tell you that you can not sell items made from the fabric. Just label the quilts saying they are NOT a licensed item, only made with licensed fabric. Before the fabric came out I was using lounge pants and cut them up. No one ever questioned me.
I made a queen size quilt with 4 different OSU fabrics and donated it to a benefit.

Thank you, everyone....ya gotta love these great quilters!!!! I appreciate your support.