Is it illegal to sell a quilt -
12-17-2014, 06:13 AM
#21
Super Member
Join Date: Jun 2010
Location: The Deep South near Cajun Country, USA
Posts: 5,429
I make purses and other items to sell with copyrighted sports fabric. I've gotten into more than one discussion and even arguments over whether what I do is legal. Yes, it is legal. This went all the way to the Supreme Court and here is a portion of the ruling:
the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed). Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
In other words, once you buy the fabric, it is yours to do what you wish with it.
Cari
the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed). Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
In other words, once you buy the fabric, it is yours to do what you wish with it.
Cari
12-17-2014, 06:41 AM
#22
Senior Member
Join Date: Mar 2010
Location: Orange Park,Fl
Posts: 925
I have been quilting for way to long. I have never heard of something like this. I have made quilts, bought quilts, sold quilts. Friends have bought fabric so I could make them one. Once I buy it belongs to me. I can do whatever I want to do with this.
12-17-2014, 06:43 AM
#23
Junior Member
Join Date: Dec 2009
Location: St.Augustine, Florida
Posts: 206
It is the fabric ,itself, that is copyrighted. You're not suppose to copy the design on the fabric to produce your own . In other words, the fabric may not be duplicated , what you make of it is your product using their fabric. and does not pertain to copyright laws.
12-17-2014, 06:58 AM
#24
Junior Member
Join Date: Dec 2009
Location: St.Augustine, Florida
Posts: 206
yes, it is legal. If you feel uneasy about it - use the Tabberone Disclaimer . just a note pinned to the quilt that states "this quilt was made using 'da-da- da 's fabric" . Very few ever make it to court.
12-17-2014, 09:07 AM
#25
Super Member
Join Date: Sep 2012
Location: Homosassa, FL
Posts: 2,267
My favorite LQS knows what I do and they always know what's up when I'm buying more sports fabric but we don't talk about it openly because their distributor has threatened to pull the fabrics if the QS is selling fabrics to people like me who sell items made with these fabrics. The distributor can't legally stop me from selling my stuff but they can stop selling the fabric to the shop. It's wrong all the way around.
Cari
Cari
12-17-2014, 04:58 PM
#26
Super Member
Join Date: Aug 2011
Location: Lafayette, TN
Posts: 1,204
This has been an interesting post--very informative for me. I hate it when someone asks me about Raggedy Ann and Andy dolls that I make from patterns I bought in the 70's; so I don't "sell them" I "give them away"......and if the lucky recipient wants to pay me, OK, if not, that's OK too.
12-17-2014, 05:54 PM
#27
Banned
Join Date: Aug 2014
Location: Victorian Sweatshop Forum
Posts: 4,096
Cari
12-17-2014, 06:05 PM
#28
Senior Member
Join Date: Jul 2012
Location: Kaua`i
Posts: 616
I make purses and other items to sell with copyrighted sports fabric. I've gotten into more than one discussion and even arguments over whether what I do is legal. Yes, it is legal. This went all the way to the Supreme Court and here is a portion of the ruling:
the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed). Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
In other words, once you buy the fabric, it is yours to do what you wish with it.
Cari
the "first sale doctrine" upheld in the court ruling of Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed). Justice Stevens: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
In other words, once you buy the fabric, it is yours to do what you wish with it.
Cari
It ends all the arguments about what you can do or not do with fabric you've bought.
Do you know what year this ruling came down?
Again: MAHALO! (Thank you).
12-17-2014, 06:19 PM
#29
Senior Member
Join Date: Nov 2010
Location: IL, USA
Posts: 376
My favorite LQS knows what I do and they always know what's up when I'm buying more sports fabric but we don't talk about it openly because their distributor has threatened to pull the fabrics if the QS is selling fabrics to people like me who sell items made with these fabrics. The distributor can't legally stop me from selling my stuff but they can stop selling the fabric to the shop. It's wrong all the way around. Cari
12-17-2014, 06:29 PM
#30
Senior Member
Join Date: Nov 2010
Location: IL, USA
Posts: 376
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