queston about craft fairs
#1
i am planning on making several wall quilts ,table runners,ect... to take to a craft fair my question is do i have to have permission from the person that made a ppattern to sell the quilts at a craft fair
thanks a lot
thanks a lot
#3
No so!
The pattern maker has no authority - even if they write it on the pattern - to tell you how you may use the PRODUCT you make.
No, you can't sell the pattern, but you don't have to ask to sell something you made from the pattern.
The pattern maker has no authority - even if they write it on the pattern - to tell you how you may use the PRODUCT you make.
No, you can't sell the pattern, but you don't have to ask to sell something you made from the pattern.
#6
Licensed Fabric When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric.
While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc.
Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term "licensed fabric" legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is "licensed" to the purchaser. "Licensed" products require an agreement between the owner of the product and the potential purchaser. Fabric is not "licensed"; fabric is sold.
In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United media (Peanuts fabric), Sanrio (Hello Kitty fabrics), among others, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.
Read more: http://wiki.answers.com/Q/Can_you_ma...#ixzz1ZKaDTDEC
While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc.
Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term "licensed fabric" legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is "licensed" to the purchaser. "Licensed" products require an agreement between the owner of the product and the potential purchaser. Fabric is not "licensed"; fabric is sold.
In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United media (Peanuts fabric), Sanrio (Hello Kitty fabrics), among others, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.
Read more: http://wiki.answers.com/Q/Can_you_ma...#ixzz1ZKaDTDEC
#7
Power Poster
Join Date: Feb 2009
Location: Northern Michigan
Posts: 12,861
you DO need permission to sell something you made with someone elses design- the patterns normally say "for personal use only" which means you can make it for your self- if you want to sell the items- or even display the items you need permission in writing to do so-
sometimes the copyright owner gives permission to sell up to 5- or 10 (some number) other times they say no-- you may not sell the item.
i just went through this with one of the quilts i made and was entering into the fair- contacted the copyright holder telling them about completing the quilt and my intensions- i received an email back from them telling me it would be ok to display the quilt (with the designer credited)but not ok for me to sell the quilt
you should always ask- make sure before trying to publicly sell another persons design- it can be a costly mistake.
sometimes the copyright owner gives permission to sell up to 5- or 10 (some number) other times they say no-- you may not sell the item.
i just went through this with one of the quilts i made and was entering into the fair- contacted the copyright holder telling them about completing the quilt and my intensions- i received an email back from them telling me it would be ok to display the quilt (with the designer credited)but not ok for me to sell the quilt
you should always ask- make sure before trying to publicly sell another persons design- it can be a costly mistake.
#8
http://www.favecrafts.com/Craft-Busi...Elses-Pattern# - here is an interesting article on pocket money...selling quilts
#9
Super Member
Join Date: Mar 2008
Location: Pacific NW
Posts: 4,394
How does this differ from making a recipe from a cookbook and selling the goodies at a bake sale? I realize you couldn't (shouldn't) give away or sell the recipe, but the product is okay to sell. You could also re-sell the book but not make copies of it.
#10
Originally Posted by ckcowl
you DO need permission to sell something you made with someone elses design- the patterns normally say "for personal use only" which means you can make it for your self- if you want to sell the items- or even display the items you need permission in writing to do so-
sometimes the copyright owner gives permission to sell up to 5- or 10 (some number) other times they say no-- you may not sell the item.
i just went through this with one of the quilts i made and was entering into the fair- contacted the copyright holder telling them about completing the quilt and my intensions- i received an email back from them telling me it would be ok to display the quilt (with the designer credited)but not ok for me to sell the quilt
you should always ask- make sure before trying to publicly sell another persons design- it can be a costly mistake.
sometimes the copyright owner gives permission to sell up to 5- or 10 (some number) other times they say no-- you may not sell the item.
i just went through this with one of the quilts i made and was entering into the fair- contacted the copyright holder telling them about completing the quilt and my intensions- i received an email back from them telling me it would be ok to display the quilt (with the designer credited)but not ok for me to sell the quilt
you should always ask- make sure before trying to publicly sell another persons design- it can be a costly mistake.
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