if you make quilts/items to sell- a new developement
11-23-2011, 12:29 PM
#171
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Join Date: Oct 2010
Location: Southern Calif.
Posts: 2,287
It is all getting so totally ridiculous!! I for one won't buy any licensed fabric that says that on the selvage, even if I don't plan on selling the item. Their pocketbooks will only collect lint if we all band together and boycot this policy.
11-23-2011, 12:40 PM
#172
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Join Date: Nov 2010
Location: Beautiful Briery Mountain in WV
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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?
11-23-2011, 12:41 PM
#173
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Join Date: Jan 2011
Location: Rocky Mountains of Idaho
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What an interesting thread!
I for one, do not sell. However, should all this legality be true, won't Etsy artists and eBay sellers have major future issues, with these two sites being major re-seller and artist created/for sale venues?
I buy A LOT of my fabric through both eBay and Etsy as one member said, should we be worried for eternity on using 3rd -4th party purchased fabric? I think not, but then again common sense rulings (especially for the common man/woman) don't seem to be considered, in many cases, within the US court systems these days.
I for one, do not sell. However, should all this legality be true, won't Etsy artists and eBay sellers have major future issues, with these two sites being major re-seller and artist created/for sale venues?
I buy A LOT of my fabric through both eBay and Etsy as one member said, should we be worried for eternity on using 3rd -4th party purchased fabric? I think not, but then again common sense rulings (especially for the common man/woman) don't seem to be considered, in many cases, within the US court systems these days.
Last edited by onaemtnest; 11-23-2011 at 12:43 PM.
11-23-2011, 02:04 PM
#175
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Join Date: Jul 2010
Posts: 1,789
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.
Yes,I have read about colleges etc. cracking down on people using their logos,but that is a different scenario all together.
11-23-2011, 02:26 PM
#177
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Join Date: Jun 2010
Location: Olympia,Washington
Posts: 638
I don't even want to think about this. I don't want to argue about whether it's legal or binding or what "commercial" means. I just won't buy any fabric that's marked that way. Ever! And if a manufacturer has one line marked that way and not another, I just might have to avoid that manufacturer completely. So there!
11-23-2011, 03:21 PM
#178
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Join Date: Nov 2010
Location: Littlefield, TX, USA
Posts: 1,077
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.
i was reading the newsletter from one of my favorite quilts shops this morning and came to this paragraph:
FYI: IF you are buying fabrics to make quilts and to sell them you need to start looking at the selvage and see if it says "Not for Commercial Use" This means that you cannot make a quilt and sell it without the permission of the fabric designer! There is a lot going on right now with pattern designers and people making quilts using fabrics with this on the selvage. Right now there are some designers that are being sued over this! It's all over the internet right now so just Beware!! It doesn't make sense to me and a lot of people but it's happening now. You'd think the designer would be happy seeing her fabrics in people's quilts but some aren't I guess! Watch your selvages before buying the fabrics if you're going to sell the quilt!
so, be careful- and check those salvages- it used to be we only had to be careful about using someone else's designs---now some of the fabrics are (off-limits too)--licensed fabrics always were off limits- but the rest were ok- not anymore- so,
if you are making to sell- please be sure and request the permissions needed and keep your self safe from legal actions
FYI: IF you are buying fabrics to make quilts and to sell them you need to start looking at the selvage and see if it says "Not for Commercial Use" This means that you cannot make a quilt and sell it without the permission of the fabric designer! There is a lot going on right now with pattern designers and people making quilts using fabrics with this on the selvage. Right now there are some designers that are being sued over this! It's all over the internet right now so just Beware!! It doesn't make sense to me and a lot of people but it's happening now. You'd think the designer would be happy seeing her fabrics in people's quilts but some aren't I guess! Watch your selvages before buying the fabrics if you're going to sell the quilt!
so, be careful- and check those salvages- it used to be we only had to be careful about using someone else's designs---now some of the fabrics are (off-limits too)--licensed fabrics always were off limits- but the rest were ok- not anymore- so,
if you are making to sell- please be sure and request the permissions needed and keep your self safe from legal actions
11-23-2011, 04:05 PM
#179
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Join Date: Nov 2010
Location: Littlefield, TX, USA
Posts: 1,077
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
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
11-23-2011, 04:45 PM
#180
Super Member
Join Date: Jan 2009
Posts: 4,688
This is an interesting subject, but I think there is a lot of over-reaction going on here.
I don't think you have anything to worry about if you're just making and selling a few items, as long as you stay away from Disney and a few other biggies like the NFL and other professional and college sports team stuff.
And as a matter of fact, the most that could happen is that, if someone wanted to push small vendors, they'd be seeking a cease and desist order on you, not having you arrested. Violating a copyright is a civil matter, not a criminal matter. Only when you are involved in product piracy, like counterfeiting an identical licensed product, does it become a criminal matter.
I don't think you have anything to worry about if you're just making and selling a few items, as long as you stay away from Disney and a few other biggies like the NFL and other professional and college sports team stuff.
And as a matter of fact, the most that could happen is that, if someone wanted to push small vendors, they'd be seeking a cease and desist order on you, not having you arrested. Violating a copyright is a civil matter, not a criminal matter. Only when you are involved in product piracy, like counterfeiting an identical licensed product, does it become a criminal matter.
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