if you make quilts/items to sell- a new developement
#221
Super Member
Join Date: Nov 2010
Location: Mabank, Texas
Posts: 8,780
Thus far in my life I have not made a quilt to sell nor do I plan to do so. However, once we purchase the fabric it should be ours to do we as we wish. Therefore, I will not purchase any fabric with that warning and I will make this clear to the owner of my quilt shop. I doubt she will want to see it setting on her racks if we aren't going to buy it.
#222
I will definitely look at this from now on and will not purchase fabric if it has that on the selvedge. I do a lot of charity quilting and I also do a small amount of selling and if you want me to purchase your fabric, then you better allow me to do whatever I want with it as long as I have paid the price for the fabric to begin with. What aggravates me is that this stuff isn't free. It's not like their giving it away and saying, you can do this but you can't do that. Should be able to use however we see fit once we pay the price.
#223
Sorry, I had never heard that once purchased I had restrictions on what I could or couldn't do with fabric. That makes absolutely no sense, and furthermore how would a fabric company or fabric designer ever know? In my opinion, this is just plain silly!
#224
I made a t-shirt quilt with team logos on it and someone told me that it was not legal to sell. I bought the shirts at thrift stores, so who is wrong here? These people should be proud that we take something old and make something better with it.
#225
Copyright.....a copyright is automatically created on a work such as a design, a written work, a painting, a photograph, etc, as soon as it is executed, i.e. created. This copyright, if it were created today (and has been in effect for a number of years now) is good for life + 75 years, which makes it a good deal. HOWEVER, in order to sue someone for infringement of said copyright, it has to have been REGISTERED with the office of the government that takes care of such things. You can stamp copyright on your work to your heart's content, but unless it is Registered, not going much further in court.
Having said that, when you release something that you have created, you may make restrictions on that release. As a photographer, I may sell a copy of a photo to a magazine to publish ONCE, and should they decide to keep on publishing it every week, I have a case against them and sue. If I have that photo's copyright registered, they are going to be paying me, even if they aren't making a lot of money from it.
Now, the question is, are every one of these designs on these fabrics REGISTERED with the copyright office? And what rights have you been granted with your purchase of the fabric? It seems to me that this is pretty damned murky territory. And since they did send the fabric out with the understanding that it would be sold to the public, what agreement did the original purchaser sign with them? Yeah, they may have attorneys, but I think this is so much hot air, and a fairly decent attorney would be able to tell them to put up and shut up...and get them to pay the fees. Just don't sign any agreements when you buy their fabric.
One had to assume you are not buying the fabric with the intent to copy the fabric. Then they could sue.
Having said that, when you release something that you have created, you may make restrictions on that release. As a photographer, I may sell a copy of a photo to a magazine to publish ONCE, and should they decide to keep on publishing it every week, I have a case against them and sue. If I have that photo's copyright registered, they are going to be paying me, even if they aren't making a lot of money from it.
Now, the question is, are every one of these designs on these fabrics REGISTERED with the copyright office? And what rights have you been granted with your purchase of the fabric? It seems to me that this is pretty damned murky territory. And since they did send the fabric out with the understanding that it would be sold to the public, what agreement did the original purchaser sign with them? Yeah, they may have attorneys, but I think this is so much hot air, and a fairly decent attorney would be able to tell them to put up and shut up...and get them to pay the fees. Just don't sign any agreements when you buy their fabric.
One had to assume you are not buying the fabric with the intent to copy the fabric. Then they could sue.
Last edited by auniqueview; 01-28-2012 at 03:23 PM.
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