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What are the rules/guidelines for making and selling quilts? Being that most quilts are not originals, yet some are, what patterns can be used for selling? Let's say I was going to make the x's and o's quilt that Jenny showed us how to make. Is that a public domain pattern or private? If you buy a pattern from someone, does that person have to give their okay for you to use it?
Just wondering.
It normally says on the pattern whether or not you can use it for resale purposes. I think that applies to mass marketing, nothing you should have to worry about.
maybe i didn't understand it right but I thought when you bought a pattern you BOUGHT the right to make that pattern, because when you use the pattern you will use different fabrics or quilting because no matter how hard you try no two quilts are alike. I also thought that the making of a pattern meant that you made a copy of the pattern to sell and claimed it as your own...(like on a copy machine,) and that this was prohibited. I could be wrong.
As far as Jenny's tuts i really think that you are ok with making and selling those because they are on the internet for free (YouTube) you may have to give credit for the pattern tho.
I have no experience selling quilts at all. But I have looked at hundreds of quilts omline, some were for sale and some were just show and tell. It seems most of the time the quilter states who made the quilt pattern and which fabric lines were used. I am not sure if that helps, just an observation on my part.
Kellie is correct, a lot of the designers also ask you give them credit for the pattern.
Jenny is pretty clear that her fortay is making something old new again. She found a new way to make HST and she utilizes precuts. Most of the blocks she uses in in videos is a block someone else has made, she just has figured out the short cut precut way.
You can use any pattern you bought or got off of the tutorials to make a quilt you want to sell. Just don't take credit for designing that block you use, chances are... someone else did it a long long time ago.
Just checked out a site that is at Crafts and Copyrights FAQs. MANY things are copyright protected. Not sure I wanted to see that site. They didn't say specifically about quilts (that I could find) , but they did address "crafts". On "Quilts For Sale" they had this site as the one to follow for submitting your quilts for sale.
It is very narrow on what you can use freely. : (
I like this answer much better. I don't want to take credit for the pattern, I just want to make a quilt to sell.Quote:
Originally Posted by kensington
You by the right to make the pattern "for personal use" only. Not to create 10 quilts and sell them.Quote:
Originally Posted by kelliedi
A lot of fabrics state "not for commercial" use on them as well. And copyrighted fabrics all state that.
If you are making a quilt using traditional blocks, I wouldn't think you'd have any problems selling. Those patterns have been around 100 years are more and are surely public domain.
I wouldn't rely on some random "craftsandcopyrights" website for your info, either. You have no idea who put that site together and the site said it hasn't been updated since 2006 anyway, so who knows whether it's right or not!
Agree that old timey blocks have long had their (if any) copyrights or patents expire - Do check the fabric markings as some say not for use for re-sale - How they get away with that on say a kitty print fabric is beyond me!!!! I do get the NFL and other team fabrics I'm ok with them not being used for resale, but other fabrics? Geeze it's getting beyond stupid with all the legals issues when you just want to make some quilts and sell them!!!! What if on your tag you credit the pattern (if you can find the Original maker even)? I worry more about the Federal tag laws about 100% cotton, machine washing instructions more than fabric I purchased to make something.
How silly some people's fabric can't be used for Commercial use??? Why are they selling it in Joann's??? Do they NOT want people to buy it? grrrr
ok off the step ladder lol
I wouldn't worry about it, I'd sell my quilts if I wanted to. That's just me though. :)
quilts have been made since the begin of time. No quilt is the same no matter what. If I had the chance to sell some quilts and replenish my fabric and stuff, I would most certainly sell them. Go for it girl. I don't think they have a quilt police yet.
I think when you buy fabric it is now yours to do what you want with it. If they want to still have control of it then they can just keep it. I can understand if someone was trying to copy the fabric itself.
I actually did some research on this just last week. Turns out that on two points, most copyright law floating around the internet is false. First, when it comes to patterns, you are purchasing the right to use the pattern, and are selling your work, your time. Even if the pattern says for home use only or cannot be replicated more than once, you can. Patterns 99% of the time are not actually copyrighted. Second, designer prints and character/team prints can be sold. You are not trying to recreate the copyrighted icon. You have purchased the fabric, and the owner has received their royalty. You can use the fabric and sell it. It is different if you try to make a Mickey Mouse quilt using solid fabrics and applique, and sell that, claiming an original design - its not, its Disney's design. There are federal court cases that have ruled on these points - I'll try to post later tonight or tomorrow links to rulings.
Thanks Amy. This is very helpful in understanding what is and isn't acceptable. Reading and deciphering all the laws are mind-numbing!Quote:
Originally Posted by nyscpa2be
And the same is often said regarding IRS statute - and I can decipher that easily - I'm studying for my CPA, so reading law is actually something I can do well!Quote:
Originally Posted by brook
I'm part of a group that hosts craft shows on a military base. The guidelines are relatively loose but there is one regulation we have to enforce. If they are using logo material (John Deere, USMC, Athletic teams, etc, the crafter has to show the part of the selvage that states that the fabric/image has been licensed - that means the fabric manufacturer has paid for the right to use the image.
The other advice we give the sewer is to make sure there is appropriate permission if they have purchased a pattern or book. The publisher will often post a copyright. Most times it is meant that the book is copyrighted - not the patterns enclosed - but only the directions and instructions can not be reproduced. Some may say the pattern is for personal use - we take that to mean as long as you are personally making it it's ok to sell. Others that contain ORIGINAL designs specifically say OK for personal use but the quilts can not be sold. I've seen some of the Paper Piece designs copyrighted but that was for their original designs.
We always advise our crafters to check the wording in the copyright declaration. Most of the time it is the pattern/book itself is not to be reproduced. Unless it specifically says the craft or quilt can not be sold we impose no restrictions on the sale.
I can just imagine JAG lawyers figuring out craft show guidelines - not what they are used to! But saving the selvages is a good idea, and very very simple to do.Quote:
Originally Posted by Judy, USMC
Unless you are planning to mass produce any one quilt pattern, I am pretty sure you are ok, making and selling them. I have been to various shows and quilt shops where they have (for instance) an Irish Chain quilt. Jenny shows us how to make one, but she doesn't own the right to that pattern. (it has been around for over 100 years) Make your quilts guilt free that there will be any ramifications and have fun selling them.
This sounds like a real minefield!
Last week I went to a fabric sale, bought a fat quarter bundle of 5 for $10.00. I am in Australia, A retiree on a limited fixed income. I belong to a Patchwork and quilting lub which is fortunate enought to have a shop where members are able to sell their handwork for a small commission, which many do. They will never make a fortune but can generally recoup the cost of their materials and are therfore able to go out and buy more fabric and make more things to sell. When I got home with my spoils if did the good thing and unwrapped them to wash, an lo and behold, on one only selvedge I saw this
"Non Commercial Home Use Only. Other Uses Prohibited. Do not use for Children's Sleepwear"
This group also makes a lot of charity quilts, but also makes some quilts to sell to fund the charity quilts, where do we stand if I used a piece of my 'forbidden' fabric? What am I allowed to do with this fabric I have purchased with my hard gained money, surely it is mine to do what I want to do with it,
Rieann