JulieR

As I said earlier in the thread, no, I do not quilt commercially and I would be extremely surprised to hear that most quilters do.

Let's not act as thought the fabric were incidental to the finished quilt - it isn't. We create or choose patterns and fabrics with purpose; the perfect fabric greatly enhances the project and the wrong one is just...wrong. If a person is planning to sell a project, the fabric choice is a significant factor in how much money the project can make. The designers who create those fabric designs do so with the good faith understanding that we will use them for personal use, and not to make money. If the designer is also selling quilts or patterns using these particular fabrics you are competing directly with the designer, who should be able to reap a percentage of your share in the marketplace for having provided you with an eye-catching design.

Besides, if I were going to quilt commercially there is no way I'd pay retail; that's insanity. I would have no problem contacting the designer / license holder for information on how I can use the fabric I want, for agreed-upon purposes, and at a negotiated price. Any small business owner should know to do this, no matter what she's selling.

qbquilts

Not on the subject of copyright, but the "Children's Sleepwear" warning. This is warning is included on kid-friendly designs because the fabric has not been treated with to make it flame resistant. All children's sleepwear available to sale now-a-days must either be tight fitting or chemically treated to be flame resistant. This is to reduce injuries to children if they are to be near open flames. Since the fabric in a store has not be treated, it must be labelled so that the consumer knows it is not flame resistant.

JanieW

If you made a quilt that you designed, did all the work yourself, all original and all your own work, and then sold it, it then belongs to the owner. They can do anything they want with it.

So they take your original design, cut it up into individual blocks, make their own designed cutesy little frames, frame each block that was your original design and work. Then they sell each block for x amount more than they bought it for. They use your design and work to make a profit without even giving you credit for your design. But it's ok because they bought it from you and they can do what they want with it.

To say that they can buy your quilt but they can't make something from it and resell it for profit without your permission just makes you greedy???

bibiche

This might be of interest. It looks as if the restrictions printed on the selvedge would never hold up in court:

http://www.tabberone.com/Trademarks/...tashSale.shtml

Annie68

Very good answer,concise and to the point!

k9dancer

Gee, if I buy a ream of paper at Wally world and write the next great American novel, do I have to give both the seller and paper manufacturer a share of the profits because the paper was necessary in the creation of the book? Then that means I also have to pay the computer manufacturer, the software producer, the printer company and the ink manufacturer.....................

ghostrider

While I understand your logic, it's not accurate. You are not reproducing the fabric, you are using the original and you have every right to transfer ownership of that original to whomever and however you choose.

For instance, I can cut up a book and paste the pieces onto an art quilt with no copyright infringement issues. I cannot, however, scan the pages and print them onto muslin to use in the quilt without violating copyright laws. It's about the copying of the protected item, not the use of it.

Copyright laws grant protection against COPYING an item, not against transferring the original. The laws give the originator the sole RIGHT to COPY their own work, that's the limit of it. First sale doctrine applies after you have compensated the copyright holder for their work.

AshleyR

What if you had this fabric and made a baby quilt for me? And after my baby is older, I sell it at my yard sale? I think, like most people, we would never knowingly break the law.

I always thought that you basically bought the license when you purchased the item. If you buy a cd, you can make as many copies for your own use as you want to. Don't sell them! And you cannot legally keep the recordings if you sell the cd. But while it’s yours, you can keep a copy in your bedroom, in your living room, in your car, etc…. Same thing with books. I think you can xerox the book as much as you want to while you are the owner of it. If you sell the book, you cannot keep the copies. However, in a case like a recipe book, if you write down a recipe, you get to keep that.

I do not buy fabric from shops. I was going to add, “So this does not affect me”. But that would be incorrect. I do purchase tops with the intention of reselling quilts made of them. How am I to know if they have this warning on the selvage? But I am not going to concern myself with it until I have a reason to. I will if I ever get a Cease and Desist from Fabric, Inc’s attorneys. Until then, I will do as I want with what I have and what I will have and what I am lucky enough to sell.

grammiepamie

I think it is all about the dollar bill. If there is a way to get a piece of the profit from ya'lls sewing and sales they will find it. It's really sad!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !

countryone77

Thanks! This is most useful :-).