Is it illegal to sell a quilt -
#1
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Made from collegiate fabric. I just finished a University of TN quilt for a friend & a friend her hers wants to pay me to make her one. If it is illegal I guess I could have her buy the material & then I could charge for my labor. If anyone has any answers please let me know. Thanks.
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#2
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I think where your are thinking is with the selling of a completed quilt using copyrighted fabric. I would have her buy the fabric and then be sure to tell her how much you will charge her for making it into a quilt.
#3
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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
Last edited by Cari-in-Oly; 12-16-2014 at 03:14 PM.
#5
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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
#6
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Cari
#7
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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
Not trying to start a major discussion here, just my opinion.
#9
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It still creates a market for their licensed fabric either way, it seems to me. I would guess if they were selling to wholesalers to mass produce items with the fabric, they would expect to get lower prices for their fabric. Just an idea
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#10
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I agree wholeheartedly with the Supreme Court decision -- if you buy fabric and create something from that fabric, it is your creation, not someone else's. Once it has entered the stream of commerce, the fabric belongs to whomever purchases it! It's rather like the Razorback Quilt I made -- I started with, yes, a computer-printed mascot of the University of Arkansas. But what I did then was re-draw, enlarge, redraw some more and more, so that what started as a 3"inch print became more than 30 inches across (I actually didn't measure it, but I know it was more than 30 inches. Here's my exemption -- the quilt I made was a one-time thing, made as a wedding gift to my dear nephew and his bride, and I really don't want to do another one! LOL! Good luck with your quilt!
Jeanette
Jeanette
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