Quiltingboard Forums - Copy right...what's the bottom line?

Quiltingboard Forums (https://www.quiltingboard.com/)

- Main (https://www.quiltingboard.com/main-f1/)

- - Copy right...what's the bottom line? (https://www.quiltingboard.com/main-f1/copy-right-whats-bottom-line-t185971.html)

Quote:

Originally Posted by TanyaL (Post 5145938)

This is what I am understanding. I cannot copy patterns and make my own pattern book and sell it. I can use the patterns and make quilts and sell them.If I mass produce quilts I need to
make my own pattern and copyright it. I cannot copyright my quilts.

If you want to mass produce quilts you can use a purchased copyright protected pattern to make as many quilts as you want. You don't need to ask permission from the designer or the publisher of the pattern. You don't need to create your own pattern to mass produce quilts. The copyright on the pattern you bought does not extend to the quilt you made using the pattern. You might read the law called First Use Doctrine and it will explain this better than I can.

Hope this helps!

Copyright is exactly that... A right to copy. It is a right to copy the item that is stamped with the copyright. A book, a magazine, a song, a pattern... Literally that exact item. If you create a quilt, it has nothing to do with the copyright that protects the words and images that makeup the pattern.

http://favoritefabrics.homestead.com/legal.html
(Taken from www.tabberone.com)
Plain and simply explained. I finally 'get' it now after having read through Tabberone's site and then heading to favoritefabric's site. I think what most of our problems with copyright is that we read too much on it, are given legalese and/or some incorrect info by those that 'know to be true, when actually it may not be true' and all we want is the gist of it. Most of us merely want a 'do' and 'do not' listing that is simply explained (perhaps a bullet-ed number listing ) and let it go. I was going to call my sister and tell her to stop making things from NFL fleece fabric and selling them to co-workers. Not going to waste the call on that because she just may not understand the rules.

Quote:

Originally Posted by tabberone (Post 5141428)

Sure you can sell the items, you just can't title them in such a way as to confuse the public into thinking they are licensed items. And you should always include a disclaimer.

"they take your stuff" - where does that statement come from?

Precious Moments v La Infantil, 971 F. Supp. 66 (D.P.R. 1997). Precious Moments sues to stop La Infantil from making and selling bedding from copyrighted, licensed fabric. Court ruled bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works, Court did require La Infantil to attach a notice with a disclaimer. Precious Moments lost because of the First Sale Doctrine.

Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960. Vera markets a line of women's products and accessories. American Handbags began using her towels with her logos on them to make handbags. Vera sued. The court dismissed her claims but did require American Handbags to include a better disclaimer.

And read here:

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

Tabber, that is GREAT information, and I will be honored to pass it on whenever I see this discussion come up. I long suspected that many people on this board were passing on erroneous information about the right to sell or display items you make from purchased fabrics and patterns. Some designers think they own it all..... This certainly makes the point extremely clear. They own the pattern, not what you make from it. Thanks for this post. I will be saving it to pass on to others.

Bottom line is there is no bottom line!

Thanks for getting this question cleared up!...

sorry to bring this up but want to make sure i am understanding this correctly.

So lets say i have licensed football material like the green bay packers....i make cool ties or fabric bowls out of it...i can sell them at a craft fair...correct but should use a disclaimer....what kind of disclaimer would i use? THanks again.

bumping it up since it disappeared on a page back or two.

bumping it up since it disappeared I think i asked when nobodys up at 3 am...lol

You could scroll down to any of the posts in this thread and choose wording that is closest to what you'd like to say in your disclaimer.

Include a "for more information visit this website" and include a link to one of taberone's pages, or maybe one of the government's pages? Just an idea...