Am I understanding this right??
02-03-2011, 07:36 PM
#21
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Join Date: Dec 2010
Location: Henderson, NV
Posts: 1,624
Originally Posted by IrelandDragonQuilting
Call the manufacturer and ask. If they say yes it is alright, ask for it in writing maybe?? I have such a hard time with copyrights! And my job has everything to do with laws and regulations LOL
02-03-2011, 07:39 PM
#22
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Join Date: Jan 2010
Location: Yakima, WA
Posts: 2,439
Originally Posted by KSue
I am sewing some purses for my sisters and the fabric is copyrighted saying "for individual use only" I understand I can probably make the purses and give them to my sisters. But, I have had a request to make some more purses or aprons- can I sell them??? do I need permission?
http://www.tabberone.com/Trademarks/...Quilting.shtml
gaigai, in a post, stated the following and included this website, "It seems to indicate that even though McCalls and Quilters World (and any others) SAY they can restrict what you do with quilts you make from a pattern, it is NOT correct. I urge all of you to read the article. And do whatever you want with the quilts you make".
http://www.tabberone.com/Trademarks/...ompanies.shtml
Bottom line is, once that pattern, or copyrighted fabric for that matter, has been sold, you can make and sell what you wish. It appears that the restrictions simply do not hold up, they are not legally enforceable.
I have called and asked permission and have been asked to limit the number of items of that design I am selling to "x" amount (which is easy since I'm not an assembly line), to give credit to the pattern creator when I sell the item , and to not duplicate, or share, the pattern (a lot of people will ask you for a copy of the pattern, you paid for it, they should too). That certainly is fair.
I carry a disclaimer with me, which I got on the above website, in case anyone challenges me on an item I have for sale. I've never had to use it.
Hope this helps!
02-03-2011, 08:52 PM
#28
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Join Date: Dec 2010
Location: Henderson, NV
Posts: 1,624
Originally Posted by lalaland
Originally Posted by KSue
I am sewing some purses for my sisters and the fabric is copyrighted saying "for individual use only" I understand I can probably make the purses and give them to my sisters. But, I have had a request to make some more purses or aprons- can I sell them??? do I need permission?
http://www.tabberone.com/Trademarks/...Quilting.shtml
gaigai, in a post, stated the following and included this website, "It seems to indicate that even though McCalls and Quilters World (and any others) SAY they can restrict what you do with quilts you make from a pattern, it is NOT correct. I urge all of you to read the article. And do whatever you want with the quilts you make".
http://www.tabberone.com/Trademarks/...ompanies.shtml
Bottom line is, once that pattern, or copyrighted fabric for that matter, has been sold, you can make and sell what you wish. It appears that the restrictions simply do not hold up, they are not legally enforceable.
I have called and asked permission and have been asked to limit the number of items of that design I am selling to "x" amount (which is easy since I'm not an assembly line), to give credit to the pattern creator when I sell the item , and to not duplicate, or share, the pattern (a lot of people will ask you for a copy of the pattern, you paid for it, they should too). That certainly is fair.
I carry a disclaimer with me, which I got on the above website, in case anyone challenges me on an item I have for sale. I've never had to use it.
Hope this helps!
02-04-2011, 01:42 AM
#29
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Join Date: Nov 2006
Location: Southeast Georgia, USA
Posts: 9,303
if i understood the previous post correctly, you can find a sample disclaimer at the tabberone website.
i wish one of those fabric manufacturers would try to sue me for using fabric i'd acquired legally. i could use the few million dollars i'd win in the countersuit for harrassment and defamation of character. :lol:
i wish one of those fabric manufacturers would try to sue me for using fabric i'd acquired legally. i could use the few million dollars i'd win in the countersuit for harrassment and defamation of character. :lol:
02-04-2011, 01:58 AM
#30
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Join Date: Feb 2009
Location: Northern Michigan
Posts: 12,861
just visit their web site and use the contact form and ask...99% of the time permission is granted - just tell them what you are using the fabric for and ask for permission to sell your items...and wait for the reply...then print it out and keep a copy of it in your files. it really is not a big deal to ask when using peoples (fabrics-patterns-books) they more oftenthan not grant permission...but if you do not ask...and get caught the consequenses may not be so good.
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