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This is an interesting discussion. I for one will be looking at selvedges from now on even though I do not make anything for commercial use. I agree that a boycott of copywrited fabric is in order. We are the potential consumers of their product and it is our choice whether to buy or not.
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The articles I have read recently say that the licensing protection stops when it is sold to the public. The fee has been paid to the seller so the buyer is not bound by the "protection claim" by the maker.
Originally Posted by sewbeadit
(Post 4702144)
There was a seller on ebay that was sued for this same thing, selling items made from licensed fabrics, the sellers won because the fabric was made to be used and after it was sold it was fair game. However, now they put that on the selvage to protect the designers, so haven't heard anymore about it. We should investigate and see what is going on with this now. When "we" have some time.:) I would think they would be happy to let people make things from their fabric designs and sell it, it doesn't make sense to me because you are not making their fabric or trying to copy their fabric design.
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So in other words you can buy it but then it must just sit on a shelf...don't dare use it! Pooh. Once I buy it it is mine and I'll wash windows with it if I want. People are getting weirder and greedier by the day.
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Another sad outcome of this greediness is that this will probably mean LESS fabric sold at our LQS! They are having enough problems right now with this economy...now I, for one, will probably not buy fabric that has NOT FOR COMMERCIAL USE printed on the selvage. I have not seen this so far. Also, what about those who buy half yards and fat quarters where only a portion of the selvage is shown...many times no printing on the selvage that is cut and sent home with us. I have many of those in my stash and have no idea if this was printed on the selvage or not. It is sad. As has been stated...This applies to ANY fabric not just John Deere, Disney, sports teams, etc., etc. Very sad indeed.
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Originally Posted by CoyoteQuilts
(Post 4702249)
The 'big guys ie: Disney, NFL, etc' don't want you to make money off of things with their 'picture' on it that they could make themselves. You see a stuffed bear with a t-shirt with an emblem of mickey mouse on it and you think, 'oh, that's cute! I could make some just like it, but I know that with the Giants on it that would sell better.' Well, that is where you are taking away money from Disney and 'infringing' on their product. You don't even have to get the idea that way, but it is still 'infringing' on their profits..... That is why they are putting that statement on the edge of their fabric. As a person that sells items I have avoided making things with any of the 'licensed' items. I can't afford to pay for a lawyer and I have also found that most people aren't buying that type of stuff in what I sell. I do make stuff for family and friends with this type of fabric when it is a gift. BUT other than that if it has that warning on the edge I by pass it. If we don't buy it in the first place they don't get any money and may re-think their greediness and give us little guys a break :). This is just my opinion and I say it only about myself.....
Maire |
If you buy a DVD it is NOT yours with which to do "as you please;" if you make a profit by showing it to or copying it for others, you are in violation of federal law.
Why is everyone so up in arms about fabric? It isn't different. Neither is buying a pattern that states you cannot reproduce it, or create items for sale from it. It isn't a new concept and I have fabric and patterns going back years that carry this restriction. This whole thread just plain astounds me. And not in a good way. |
Looks like we have to think like lawyers when we buy fabric now.
I will be very careful about buying any fabric from now on and avoid anythat have ANY statement on the fabric. I also wonder about all the fat qts, charm packs and fabric reminents I have in my stash... |
Originally Posted by JulieR
(Post 4705247)
If you buy a DVD it is NOT yours with which to do "as you please;" if you make a profit by showing it to or copying it for others, you are in violation of federal law.
Why is everyone so up in arms about fabric? It isn't different. Neither is buying a pattern that states you cannot reproduce it, or create items for sale from it. It isn't a new concept and I have fabric and patterns going back years that carry this restriction. This whole thread just plain astounds me. And not in a good way. When you compare to a DVD, which you could copy and resell as opposed to a fabric which becomes part of a manufacturing process - there must be some legal language not to 'use' the fabric in a garment or quilt or whatever, as opposed to buying bulk fabric bolts and reselling them on eBay or at flea markets etc. |
you can make all you want but when selling you would be selling a copyright without permission and that's where it gets real sticky. If you are making to sell before you even get started get that permission first. If answer is no don't take chances. However I do agree with you 100%, Its stupid of them not to let it happen cause it gets their design out into the world and would make more sense. But copyright is copyright for a good reason. Law is Law.
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Wouldn't sale of FQ's have to be monitored by the LQS? Whose obligation is the notification on restricted usage?
And who benefits? Does a designer can earn a premium by restricting designs to a single manufacturer who in turn ensures that the fabric won't be seen in Walmart quilts or in craft fairs or on Etsy or eBay? And what is the threshold for 'commercial'? Walmart likely commissions for purchase or purchases untold numbers of the same quilts from large-scale manufacturers who can get favorable licensing agreements from fabric manufacturers, or even the rights to reproduce the pattern in their own textile operation. This is an interesting thread. |
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