alikat110

Thank you for sharing the link

FroggyinTexas

The fabric was not reproduced; a picture of the fabric used in a quilt was printed. A use for the fabric was shown. If we carry this argument to its idiotic conclusion, if you buy yarn and knit a garment with that yarn, you could not sell it because the yarn is copyrighted.
Come on! most judges, most juries and most people have at least a little sense. froggyintexas

ghostrider

I agree, and, upon further digging, changed my opinion to a violation of the right to public display. My apologies for being wrong; no need to yell.

Charleen DiSante

Yes, I agree.

veryvirginia

It was sent by letter from a law firm and it was a cease and desist. Perhaps this has been clairified by law/lawsuits since then but either way, it is nice to know someone has a pulse on protecting our rights to be creative and cover the cost of or addiction to quilting and all that entails. Thanks for the information.

unclefreckles

Thanks for the great information

sherian

Nice to know, however, I was wondering when I sold to a craft shop. They had a statement, you can sell
what you have made yourself at your home. It a small amount clause you can sale to a small shop, resale,etc.
The amount which I have forgotten. But it was for small personnel home town shops not selling to anyone
in business, or people reselling items. You could only put 5 items of one kind in there shop. I think the shop
said it was under small personnel home business craft. The shop is out of business now. Wish I had more information.

oldbalt99

What we are talking about is the business of quilting. Before the sewing machine quilts were made by hand, once machines made sewing more economical, quilts became something easy to be had and made money for factory owners. We as quilters have been saying that no one wants to pay us our due for the work we do. Now quilters are saying the same thing about business who trademark or copyright their materials. The disney company didn't wake up one morning and over a weekend design material for us to use. It cost much time, many paychecks, and money. We are not being told we can't use the material. But if the only reason you work is selling, or you choose a material for a project is because you know it's a trademark item,that is sure to sell, then you should just get a liscene and then you can charge what you will.
Just last week a woman asked that I make a couple of quilts out the the disney collection, I said only if she brought the material herself, and I would only charge for the time and labor, and yes I would return all scraps back to her. That is making something for personal use.
I worked in a factory once and when they were finished a batched job for a large deparment store, the store took back all stencils and the ink that they used.
Let's give others the same credit we ask for ourselves.

tabberone

oldbalt99 - really? Now did you get your purchaser to sign an agreement stating that when she got tired of the quilt she would destroy it rather then sell it at a yard sale? That is what would be required for personal use. There is something called equitable servitude in the law. Attaching a fair condition to use can only be done with the consent of both parties in writing. I've yet to see a fabric company make me sign something when I purchase fabric that says for personal use only. And that statement is not binding under federal law.

Federal law supports the use of trademarked/copyrighted items to create something else as long as

1. you don't try and market it as a licensed item and

2. you don't live in the 9th Circuit.

And Disney made their money when they sold a license to Springs to print the fabric. Springs made their money when they sold it to JoAnn Fabrics. And the fabric store made their money when they sold it to you. And you make your money when you sell it to your customer. No one is being cheated out of their fair share.

Sierra

Having read everything, it sounds to me like we should all be presuring our quilting suppliers (LQS or Joann's or B. Franklin or whoever) to not buy fabric that sounds threatening. The producers can make it more clear (and put it more clearly on the selvage) and if it still sounds threatening, our shops should simply not buy it and expose their customers to such a potential problem. My dad was one of the lawyers who wouldn't take a case if he felt it was wrong... and often his cases involved the "little guy vs the big corp." There have been posted too many examples of little guys (us) being threatened. Maybe some of those little guys were quilters who share their skills and expertise, and they are a wonderful part of the quilting culture. I'm not going to buy any fabric that feels it has the right to limit what I do with it. I never sell anything, but I have put things up for raffle for charitible causes. I don't like the smell around this subject. I'm out! I'll check every selvage before I buy from now on, and only buy the threat-free frabrics@