Sew What’s Up Presents
The Sew What’s New Archive
This archived content is from Mary Wilkins’ sewing and
quilting message board “Sew What’s New,” which was
retired in August 2007. It is being provided by
“Sew What’s Up,”
which serves as the new home for many members of “Sew What’s New.”
From: akire
Date: 10-07-2004, 08:14 AM (1 of 4)
| I've noticed that some fabrics at the store have a copyright marked on the edge, do all fabrics have this? What are they protecting, the design, and can I still use this fabric in a product I want to sell? I don't mean things like Disney...it was just a fabric like all the rest with a design on it. Also, quilting 'techniques' aren't protected like patterns are they? I started doing fray edge denim quilts and I love it, and I want to get some together to sell. For some reason I wondered if this technique was protected...but I'm thinking it couldn't be, there are lots of techniques I use and I never wondered that before. Just thought I'd inquire. |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: Linda in Colorado
Date: 10-07-2004, 03:27 PM (2 of 4)
|
First, I am NOT a copyright attorney, but this is the way I understand things. If the fabric is copyrighted, that means you cannot use that design to make your own fabric, but you should be able to use that fabric to make other things to be sold -- quilts, dresses, and so forth. Quilting techniques are not copyrighted, so you should be able to use whatever technique you please. However, if someone writes a book or produces a pattern for a particular technique or quilt piecing pattern, then you cannot use that information without written permission from the author. On the other hand, if you use that information as inspiration only, then you are supposed to be able to produce your product with no copyright infringement. Most quilt pieced patterns are in the public domain, so those have no copyright and anyone can use them. And, yes, Disney is notorious for going after people who innocently use their designs. I hope I haven't further confused the issue. |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
From: akire
Date: 11-09-2004, 10:44 AM (3 of 4)
| Thanks Linda...I think the difference is then between copyright (as you said I can't try to reproduce the design on the fabric and call it my own, but can use the fabric itself in resale items) and trademark...for example disney or something like CocaCola...these images/words signify a product and I can't use them without permission in an item I am going to sell. Does that sound right? |
User: akire
Member since: 03-06-2001 Total posts: 61 |
From: Linda in Colorado
Date: 11-09-2004, 01:27 PM (4 of 4)
|
As I understand things, that's about right. Just remember that I am NOT a copyright attorney, so don't have all the answers. Seems to me that if the fabric pattern is more or less generic (flowers, stars, etc.) then it would be okay to use for whatever you would want to make and sell or give away or whatever. Can someone else weigh in on this? |
User: Linda in Colorado
Member since: 03-27-2000 Total posts: 102 |
Visit Sew What’s Up for the latest sewing and quilting tips and discussions.
This page was originally located on Sew What’s New (www.sew-whats-new.com) at http://www.sew-whats-new.com/vb/archive/index.php/t-13864.html
Sew What’s Up is hosted by ZenSoft