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  1. #11
    9 Patch Princess

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    Yes, Thanks---just the quilts we learn how to do from the videos. Thanks for the reply.

  2. #12
    Missouri Star

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    Quote Originally Posted by bubba View Post
    There was a lawsuit between fabric makers and a woman who was using the fabric to make items she was selling. The company told her she could not do that and when she refused to stop, they sued her. The company lost!!! It was determined in court that once someone purchases the fabric, they can do with it what they want. I know all the sports fabric says on the selvage you can't, but we did research it and asked and attorney and he told us about that case and said not to worry, so we don't!!
    Do you happen to have a link to this case or name or anything more?


    The quilt patterns are usually not copyrighted, however, the actual words and sentences describing how to make it are! So for example, you couldn't make copies from a pattern you haven't written yourself and distribute it to a class, but you can make a quilt in that class with a technique described in one of Jenny's tutorials as long as you write it yourself.

    If you are a member of the Modern Quilt Guild, they have a video on copyright. It's mostly quite fuzzy, as there haven't been many court cases concerning quilts and quilt patterns, so mostly it can just be inferred from similar topics.

  3. #13
    9 Patch Princess

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    Wow Ladies---Thanks for all the replies. Very good discussion as this comes up all the time on FB quilting pages. I do try to sell a few things but mostly baby bibs and baby quilts.

    I do know how things are copyrighted if buying from Nancy's Notions. Several years back she came out with the landscape quilting books. One book was for kids---in back of book it had costumes you could print out and dress the kids in the landscape pictures. As my one of my grand-daughter's BD is in Oct----I was able to down-size pictures of her nephews and nieces. Then dressed them in the Halloween costumes from the book. Of course, I did not sell it to GD but gave it to her for her BD. All of the kids had a ball seeing their pics on the wall-hanging.

    Then I got the bright idea of perhaps custom doing these for different people. BUT---I did email the publisher of the book. He said sounded like a good idea to him BUT----we should ask Nancy. By the time I finally heard from her, I was all out of the mood to do these wall-hangings. LOL. It took 4 months for her to send email with a FIRM resounding NO. She stated ALL things in that book were copyrighted. Well, Geez----I knew that. It was the reason I was asking permission. DUH. So now I do not buy any books from her. All the Emb designs she first came out with were all copyrighted. I notice in the last few years she has been selling Amazing Emb Designs---Which state on back of holder---"These designs CAN be sewed and sold"!! Those are the only ones I buy.

    Again thanks so much for clearing this up about Jenny's videos. I find it is always best to ask. Happy Quilting everyone.

  4. #14
    9 Patch Princess

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    Yes, Cat---but as more and more people have blogs and sell on the Internet---I think you are going to find a lot more lawsuits on this very thing. I still stay away from ALL sports logos and especially Disney stuff.

  5. #15
    9 Patch Princess

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    Oh Oh--I wasn't very clear when I said "Pattern". I meant the quilt design I used when making the quilt. I would never make a pattern of her videos and sell it. Just the finished quilt.

    I don't have time to make patterns that is why I love the videos so much. So easy to follow Jenny as she is such an excellent teacher. I have been quilting for Yikes---60 yrs. Where did that time go??? Seems like every time I watch another of her videos I learn something else. I just adore her.

    All of this is such a grey area---one gets confused. Thanks everyone.

  6. #16
    Missouri Star

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    Quote Originally Posted by Cat77 View Post
    Do you happen to have a link to this case or name or anything more?


    The quilt patterns are usually not copyrighted, however, the actual words and sentences describing how to make it are! So for example, you couldn't make copies from a pattern you haven't written yourself and distribute it to a class, but you can make a quilt in that class with a technique described in one of Jenny's tutorials as long as you write it yourself.

    If you are a member of the Modern Quilt Guild, they have a video on copyright. It's mostly quite fuzzy, as there haven't been many court cases concerning quilts and quilt patterns, so mostly it can just be inferred from similar topics.
    Tabberone's Trademark & Copyright Page.

    They deal with all sorts of lawsuits and trademark infringement suits.

    MLB, Precious Moments, Disney.... All tried and all lost.


    "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."

    Telling a consumer what they can and can not do with an item is the equivalent of Ford selling you a car and then telling you where you're allowed to drive it or what kind of oil to put in it.
    "You've never really learned to live until you've done something for someone for which they can never repay you." ~Ralph Hall

    "Party like a BLOCK-STAR"

  7. #17
    Missouri Star

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    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. Licensed fabric means fabric that has been licensed by the rights owner to be manufactured and sold. It does not mean the fabric is being sold with a license. Disney licenses Springs Industries to manufacture, distribute and sell fabric that contain images of the Disney characters. That is where the term "licensed fabric" originates. For something to be sold with a license there has to be agreement between the seller and the buyer concerning the terms of the sale. Even though the selvage may make a statement that the fabric is for "non-commercial home use only", that "restriction" is not enforceable primarily because the purchaser does not have agree to the terms before purchase.

    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.


    The IMAGE on the fabric is copyrighted and can not be reproduced, the fabric itself is NOT copyrighted and they can not place limits on how you use it. You can not take their image and reproduce fabric with it (Spoonflower for example) because it's not your image. You can make and sell items made from licensed fabric. A disclaimer stating that "this is not an official xxxxx item, but made with official licensed xxxxx fabric" will suffice and cover any loose ends.
    "You've never really learned to live until you've done something for someone for which they can never repay you." ~Ralph Hall

    "Party like a BLOCK-STAR"

  8. #18
    Missouri Star

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    I was reading somewhere that your not allowed to sell items, cards etc made from a Cricut cutter. I don't have one but I thought that was pretty lame.



    Lorie

  9. #19
    Missouri Star

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    - *tossing in 2 cents*~

    anytime I use """licensed fabric""" -- lets say I was using -- Disney Frozen Sisters Forever

    if I am selling a handcrafted item and want to sell the item I list little note


    --------------------
    **note**
    This is not a licensed product.
    It is however, hand-crafted from licensed fabric.
    I am not affiliated with or sponsored by any Disney corporations.
    This product is sold under the rights of the First Sale Doctrine.


    this little ''note'' also gets rids of those jealous little trolls that like to report a seller for no reason

    but on the other hand -- I do know -- when I had my brick and mortar store - there were federal ICE agents that would travel from small businesses to small businesses to check for boot-legging and knock offs . . .
    -- as I was questioned about some of the items that were handcrafted in my store --
    I kept a copy of my rights under the First Sale Doctrine.

    having a brick and mortar store was wonderful - BUT you had to CYA at all times for that just in case moment
    when it could be the element of surprise . . .
    2015 is here
    Be Bold and Bravely put one foot in front of the other

  10. #20
    Missouri Star

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    Default Re: Copyright laws on fabric and now wondering about Videos--Question???

    That's really weird about not selling an item having used a Cricut. Who the heck would know what you used to cut out your pieces? That's a bunch of baloney!
    Last edited by rebeccas-sewing; September 25th, 2014 at 05:20 AM.
    Goodbye Europe! Hello California! Home sweet home.

  11. Thanks Mchelem thanked for this post

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