tabberone

jaciqltznok

PLEASE stop posting this site...it is NOT the Holy Bible of Copyright law. and YES, people are sueing/being sued over the use of fabric to make items for sale that have this "not for commercial use" printed on the selvages.

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We are always interested in this subject and search specifically for suits like this. Since you know of some can you please post them here so we can research further?

ghostrider

Please give specifics. The only place I have seen any turmoil on this issue is on message boards, forums and blogs. There is no factual information anywhere, just rumor, heresay, speculation, panic and hysteria.

I have spoken with fabric retailers, large and small, and they are not concerned. I suspect the Emily Cier case that Prism mentioned is based entirely on the right of public display granted to copyright owners (the exception of display in person by a legal copy owner does not fit if you publish a picture in a book) and has absolutely nothing at all to do with this 'not for commercial use' hoopla.

Show me proof that anyone has brought suit against anyone else for selling something made from fabric restricted by 'not for commercial use' on the selvage. We are NOT talking about licensed fabrics, trademarked designs, or anything other than simple, straight-forward quilting fabric restricted to 'personal use only' by the designer. So much rumor (how many threads are going on this subject now?), so little proof.

And FYI, olebat, one item sold one time constitutes 'commercial'. It is not a matter of quantity, legal organization, or intent.

justflyingin

Do you have some links to these situations so we can read about them and what's happening or what has happened specifically?

olebat

Respectfully, I must disagree with ghostrider.

Rules of commerce differ from state tostate, and intentionally. However reading through multiple reliabledefinitions, the consensus is that commercial sales are in quantity,or volume, orwork that is intended for the mass market, orproducedand distributed in large quantities for use by industry. One solditem is not a commercial venture.

mojo11

Very good information. Thank you.

margecam52

Was it donated for a reason other than the writing of the book, or making it into a printed pattern? It may have been donated for use in a charity type project. A simple note to the designer, asking permission and making sure to let her/him know that they will be given full credit in the book for the fabric.

jpmaroni

Great information! Many thanks for the research. Makes perfect sense.

veryvirginia

Then why was a quilter in our area told to stop selling, with threat of lawsuit, items made by her from the Elvis Presley fabric she had purchase? Sorry, but I am still in a quandry.

tabberone

First off I think the issue with Emily is a cease and desist letter not a lawsuit.

I got a cease and desist years ago from Precious Moments telling me I had 48 hours to disable my listing with an item made from their fabric. When I sent them the information from the lawsuit they had lost in 1996 I never heard another world.

There is a lot of misinformation. I've been told by the clerks at Hancocks and JoAnns that I can't use licensed fabric to make items. I quote federal law, they tell me they have a memo from corporate.

As an many areas in life people need to be armed with the facts.

Who threatened the seller? Was it verbal, was it written, was it a cease and desist from a law firm? Not very many facts here.

Camping Betty

Thank you so much, I was going to ignore it anyway HAHA