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Copyrights on patterened fabric?

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  • Copyrights on patterened fabric?

    I have seen some beautiful fabrics which are patterned and would love to use them on some cards.

    Does anyone know how the copyright works if i wanted to sell the cards i made? They are quite distinctive patterns and by a designer.

    These are the type of thing i am talking about http://www.buttonberry.com/fabrics.php?subid=195

    Working with fabrics is a new experience and learning curve for me!!

    Thanks for your help!

    Jo
    x
    www.alongcamejo.squarespace.com



  • #2
    I'd guess its the same as for everything else unless you have the designers permission you wouldn't be able to use it.
    Anita
    http://www.itsamistryjewellerydesigns.com/
    https://twitter.com/Anita_Mistry
    https://www.facebook.com/ItsamistryDesignStudio1

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    • #3
      Thank you!

      I have kind of worked out that i have to google each designer and do it that way!

      Fortunately, my favourite designer does allow you to manufacture/sell goods using their fabrics...woo hoo!... so i will just stick to them!

      Thanks again
      www.alongcamejo.squarespace.com


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      • #4
        Mmmmmm... I confess that I don't see the problem. If they're selling any kind of materials, like fabric, thread, wool, beads, whatever, they should surely expect that people will make things out of those materials, and potentially go on to sell them. And be pleased about it too, as they've sold their goods and you'll hopefully buy some more.
        You don't have to ask the fabric shop if you can sell the dress, cushions, curtains or whatever you made from their fabric, or the haberdashery if you can sell the zips you bought, or Laura Ashley if you can cut up your curtains and sell them as a blouse, do you? Or maybe you do... I can say for sure that I never have!

        Now, if you made your own material, copying the design, and sold the copied goods, then thats another matter...
        Cheers,
        Scorch

        Scorch's Pyrography : www.scorchpyro.co.uk
        Crafts on Flickr : http://www.flickr.com/photos/tanniso...7606138937826/

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        • #5
          Originally posted by Scorch View Post
          Mmmmmm... I confess that I don't see the problem. If they're selling any kind of materials, like fabric, thread, wool, beads, whatever, they should surely expect that people will make things out of those materials, and potentially go on to sell them. And be pleased about it too, as they've sold their goods and you'll hopefully buy some more.
          You don't have to ask the fabric shop if you can sell the dress, cushions, curtains or whatever you made from their fabric, or the haberdashery if you can sell the zips you bought, or Laura Ashley if you can cut up your curtains and sell them as a blouse, do you? Or maybe you do... I can say for sure that I never have!

          Now, if you made your own material, copying the design, and sold the copied goods, then thats another matter...
          I agree with you Scorch, but it seems some "designers" expect you to use their products for personal use only.. in the same way a "retail" DVD has an exclusion on it regarding public broadcast. I know you aren't supposed to sell any Disney themed products - even if you make them from licensed Disney products.. so if you bought 10m of mickey mouse fabric, you can't sell mickey mouse blouses, though you can make one for yourself or as a gift..

          Personally I think the legality of that is VERY questionable.. every DVD manufactured has to state the license terms of use.. and fabric off the roll should abide by the same terms.. so if you get it without a disclaimer, you "should" have the right to use it as you see fit.. as long as you make no claim to represent anyone but yourself... Wouldnt want to be the poor soul fighting that one in court though!

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          • #6
            Originally posted by sparkysdad View Post
            I agree with you Scorch, but it seems some "designers" expect you to use their products for personal use only.. in the same way a "retail" DVD has an exclusion on it regarding public broadcast. I know you aren't supposed to sell any Disney themed products - even if you make them from licensed Disney products.. so if you bought 10m of mickey mouse fabric, you can't sell mickey mouse blouses, though you can make one for yourself or as a gift..

            Personally I think the legality of that is VERY questionable.. every DVD manufactured has to state the license terms of use.. and fabric off the roll should abide by the same terms.. so if you get it without a disclaimer, you "should" have the right to use it as you see fit.. as long as you make no claim to represent anyone but yourself... Wouldnt want to be the poor soul fighting that one in court though!
            REALLY?!!! That's ridiculous! What are they selling the blasted stuff FOR then... just silly. And, as you say, there's nothing accomapnying the product to say "You can't resell this" - seems deeply dubious to me.
            Cheers,
            Scorch

            Scorch's Pyrography : www.scorchpyro.co.uk
            Crafts on Flickr : http://www.flickr.com/photos/tanniso...7606138937826/

            Comment


            • #7
              I think there might be a loophole here. You are allowed to resell fabrics and you are allowed then to make those fabrics into other items. Therefore, if you sell the fabrics to your customer and then they commission you to make an item from it there is nothing wrong with that is there.
              Karen
              www.angelicfolk.co.uk
              Bespoke clothing for your little angels
              http://angelicfolk.etsy.com
              http://www.facebook.com/#!/angelic.folk?ref=profile

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              • #8
                Thank you to you all - this is all great advice!!

                Think i will do some further research and try and discover who permits what.

                I may post it in the Fabric Section in case anyone else would find it useful?

                I also like the idea of selling the fabric to the client and doing it that way
                www.alongcamejo.squarespace.com


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                • #9
                  Originally posted by Scorch View Post
                  REALLY?!!! That's ridiculous! What are they selling the blasted stuff FOR then... just silly. And, as you say, there's nothing accomapnying the product to say "You can't resell this" - seems deeply dubious to me.
                  I think Disney might be the exception to the rule, they have a lot of pulling power behind them but most other fabric manufacturers would be OK with it for reasons already stated.
                  Carol
                  God helps them that help themselves.

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                  • #10
                    Originally posted by tipsylipsy View Post
                    I think there might be a loophole here. You are allowed to resell fabrics and you are allowed then to make those fabrics into other items. Therefore, if you sell the fabrics to your customer and then they commission you to make an item from it there is nothing wrong with that is there.
                    Noindeed tipsylipsy, I gather the restriction is on"making and selling" for commercial purposes.. so you cant buy disney stamp sets and use them to make a "disney" card to sell.. only for your prsonal use.. Same with fabric, you cant buy it in bulk to make "disney themed" clothes.. unless they are for personal use, or, as you said, a customer could buy fabric, and ask someone to make it up in to a garment..

                    As I said, you could consult a legal expert with regard to how enforceable such restrictions would be if fabric for example is sold by the metre, and does not come with a warning about limitations of use..!

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                    • #11
                      I have just come across this regarding Disney:

                      "I believe that a law suit was brought against many EBay sellers that was a combined effort by Disney, Marvel Comics and I believe Nas Car, and the NFL. The lawsuit went in favor of the EBay retailers as the judge found that the royalties were already paid by the licensed manufacturer and that getting the end user to pay again would be a double royalty which would be unfair.

                      I guess if you are not going to mass distribute and sell to major
                      retail outlets you could be fine. I do not think that Disney etc will try to bring this action again"
                      Source:http://www.answerbag.com/q_view/961716
                      www.alongcamejo.squarespace.com


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                      • #12
                        And this:

                        "You can use any licensed fabric to make whatever your heart desires. What you can't do is call it a 'Disney Blanket.' You can, however, call it a 'Handmade Blanket with Disney Fabric.'

                        Some folks put a blurb in their auction stating that their item is not a licensed Disney product, but rather a handmade product using Disney fabric"

                        Source:http://forums.ebay.com/db2/topic/Handmadecustom-Clothing-For/Can-I-Use/520100895

                        Think i may try and acheive the impossible and get hold of someone at Disney
                        www.alongcamejo.squarespace.com


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                        • #13
                          Go for it. Love to know what they say. I can imagine the word 'NO' will be wrapped up in so many words you will have a job to understand it.
                          Carol
                          God helps them that help themselves.

                          Comment


                          • #14
                            Originally posted by Critchley View Post
                            Go for it. Love to know what they say. I can imagine the word 'NO' will be wrapped up in so many words you will have a job to understand it.
                            I have a friend who is a lawyer - hopefully he will decipher it if that is the case! And come up with a witty response if i don't like what they say!

                            I don't even want to use Disney but i am curious now!!
                            www.alongcamejo.squarespace.com


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