Licensed Fabric and Design Quilts that I make.
10-26-2017, 08:25 AM
#1
Senior Member
Thread Starter
Join Date: Apr 2011
Location: Ohio
Posts: 952
Licensed Fabric and Design Quilts that I make.
Okay, I have been creating quilts (now for 7 years) and was asked at the "Cottage Treasures" Quilt Store in Berlin, Ohio to bring some quilts in to see if they could sell them. No, problems with the ones that I have bought in and they are selling. Now, I am sure you all are much smarter in this area than me. If I purchased licensed "Ohio State" fabric from let's say, JoAnn Fabric, would I have problems selling the quilts with the "Licensed" Fabric (I pay for the fabric from JoAnn's) which says that it is Licensed at the store? I have been making Scarlet and Grey quilts using regular greys/reds/black, etc. However, I don't want to have pay more for the fabric (license to Ohio State or go go jail :-( for using the fabric that have all the Buckeyes and football players, etc. to make quilts to sell. Any help would be helpful, thank you everyone.
10-26-2017, 10:22 AM
#2
Power Poster
Join Date: Mar 2009
Location: Lake Elsinore, CA
Posts: 15,188
Let me preface this by saying I am not a lawyer, and this is not legal advice. Technically, my understanding is that you are free to sell those quilts made with licensed fabric, as long as you don't claim that they are legitimate Buckeye-approved items. But in reality, if someone from the Buckeyes wants to make trouble for you, it can wind up costing you a lot of money just to prove you have that right.
10-26-2017, 10:39 AM
#3
Super Member
Join Date: Sep 2010
Location: Myrtle Beach, SC
Posts: 8,117
While I won't pretend to know anything about licensing fabrics for sale and the ramifications of that to a company or an entity like Ohio State, common sense tells me that the fabric was sold to Make stuff with, and that some people who make stuff with it will sell the stuff. Unless you are manufacturing great quantities of the quilts, It doesn't seem like you would have to worry about licensing fees.
Am I making too much sense?
Am I making too much sense?
Last edited by QuiltnNan; 10-27-2017 at 02:38 AM. Reason: remove shouting/ all CAPS
10-26-2017, 11:57 AM
#4
Senior Member
Join Date: Oct 2016
Posts: 521
I agree. It makes sense to me.
While I won't pretend to know anything about licensing fabrics for sale and the ramifications of that to a company or an entity like Ohio State, common sense tells me that the fabric was sold to Make stuff with, and that some people who make stuff with it will sell the stuff. Unless you are manufacturing great quantities of the quilts, It doesn't seem like you would have to worry about licensing fees.
Am I making too much sense?
Am I making too much sense?
Last edited by QuiltnNan; 10-27-2017 at 02:39 AM. Reason: in quote to match OP
10-27-2017, 01:22 AM
#6
Super Member
Join Date: Jan 2012
Posts: 4,783
What she said. I wouldn't be afraid to make something and sell person to person, directly to an individual who wanted it, but I would not put items like that on sale publicly. I think that's asking for trouble, and there's always some manipulative person wandering by that likes to stir the pot and set someone else in motion to make the fuss in their place.
10-27-2017, 07:04 AM
#8
Super Member
Join Date: Aug 2010
Location: Upstate New York
Posts: 1,231
I would email the Buckeye corporation, and flat out ask them. That way, you will have an answer in writing, if it ever comes to that.
Generally speaking, though...if you plan to do this, then you are "in business"...get real legal advice.
Generally speaking, though...if you plan to do this, then you are "in business"...get real legal advice.
10-27-2017, 07:13 AM
#9
Super Member
Join Date: Mar 2016
Posts: 2,853
I'm not a lawyer either. However, it seems clear that when push comes to shove, that the licensee has no control or say-so what you do with the fabric once you buy it. Everything I've read says anything past "1st sale" is not covered by a copyright. I've read anecdotal things online that indicate some smaller "copyright" holders will threaten to sue you (I'm talking individual quilt designers, etc.) for selling a quilt made from their pattern. That's not likely, as hiring a lawyer to do the suing is not cheap. Threatening to sue is cheap, however. Having a lawyer write a letter is cheap also.
The NFL keeps a staff of attorneys to enforce their copyrights and licenses. So aggravating you is cheap for them. You'd have to make a lot of quilts to get their attention, though. You'd probably have to imply or say that your quilt itself is licensed to get their attention even then. I wouldn't think that making a few Ohio State quilts would draw anyone's attention. Nor would they care as long as you don't imply that you are an "authorized quilter" for Ohio State.
bkay
The NFL keeps a staff of attorneys to enforce their copyrights and licenses. So aggravating you is cheap for them. You'd have to make a lot of quilts to get their attention, though. You'd probably have to imply or say that your quilt itself is licensed to get their attention even then. I wouldn't think that making a few Ohio State quilts would draw anyone's attention. Nor would they care as long as you don't imply that you are an "authorized quilter" for Ohio State.
bkay
10-27-2017, 08:10 AM
#10
Super Member
Join Date: Dec 2012
Posts: 1,857
Unless you are going into mass production or you are trying to sell them on campus and undercut the campus store, I do not think anyone will say anything. Joanns has paid the fees for the licensed fabric. You purchased the fabric and can make whatever you want out of it. Where a problem could arise is if you promoted them labeled them as official Ohio State merchandise. And, even if that happened (you have a huge sign saying 'OFFICIAL OHIO STATE MERCHANDISE FOR SALE') and it was reported, they simply confiscate the merchandise and order you to stop making them.
Thread
Thread Starter
Forum
Replies
Last Post
