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Commercial use of fabric 'prohibited'.
Saw this on the selvedge of quilting fabric.
Aless
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Aless
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Date: 1/24/14 2:58 AM

I am fairly stunned! I've just washed, dried and ironed quite a few small lengths of quilting fabric, intended for bag making. I saw on the selvedge of one piece the wording- only licensed for non commercial and home use. My jaw dropped!!

How would this hold up legally if people used this fabric to make items for sale on e.g. Etsy? If all fabric manufacturers/designers took this approach, how would sewing continue for small home manufacturers?

Has anyone else come across this? I have a huge stash of both the usual clothing fabrics and quilting fabric, and this is my first experience of it.

Curiouser and curiouser.....
-- Edited on 1/24/14 2:59 AM --

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Aless(Adelaide,South Australia)

You will do foolish things, but do them with enthusiasm.- Colette

Datcat23
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Subject: Commercial use of fabric prohibited. Date: 1/24/14 3:33 AM

I should think that it would be unlikely to hold water in court. When you sell something as a WAHM, you aren't selling the fabric, you are selling the item you have made. Its unreasonable for the fabric manufacturer to expect to maintain such control of its product.

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the barefoot seamstress ..... smelling vaguely of lavender and mothballs, and desperately craving chocolate.
www.castley.net/datcat

westmoon
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Date: 1/24/14 3:51 AM

Orla Kierly has this on all her fabrics as well so I've seen it a few times. Since I've also seen tons of stuff on Etsy made with Orla Kierly fabrics, I don't think anybody takes any notice of it.

I really don't think the lawyers are going to chase up a single handicrafter on Etsy making a couple of bags. They might be more keen to chase up someone buying bolts and bolts of the stuff and making 100s of bags sold in shops, I suppose.

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http://sewingnovice.blogspot.co.uk/
One woman. One sewing machine. One giant stack of fabric. What could possibly go wrong?

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Date: 1/24/14 4:02 AM

You might try checking the designer or manufacturer's website, many have some information about very small scale production use, or a place to get in touch about permission.

Sometimes it's very easy, and free, to get permission, or it's already allowed.

Where it gets tough are things like Disney or sports teams. It probably wouldn't be worth the time or money to get permission.

HanPanda
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Subject: Commercial use of fabric prohibited. Date: 1/24/14 9:42 AM

I always thought this quite interesting. Amy Butler originally also tried to control this but gave up after not too terribly long. I feel like its a scare tactic--you can't avoid doctrine of firdt sale by writing something like that on it!

------
2015 In: 36 yards
2015 Sewn: 25.5 yards
2014 In: 99.75 yards
2014 Sewn: 80.5 yards

I'll try anything once :)

Please excuse my typos...sometimes it is harder to go back and edit on mobile than it is worth!

PattiAnnJ
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Subject: Commercial use of fabric prohibited. Date: 1/24/14 10:53 AM

The fabric has been sold first (?) to the fabric shop and second, to the customer.

Cut off the selvages if the wording is haunting you. The designer cannot control who buys their fabric or they could go out of business.

------
"Improvise, adapt and overcome." - Clint Eastwood/Heartbreak Ridge

"Isnít it a shame in todayís world you canít tell the truth. If you tell the truth youíre abrasive. If you lie youíre charming." - Bob Huggins/College Basketball Coach

Sewliz
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In reply to Aless <<
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Date: 1/24/14 11:21 AM

I wonder what the definition of "commercial" is in this case. Maybe it is more like making things in a factory and selling huge amounts to Walmart?

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Liz

thefittinglife.blogspot.com

quiltingwolf
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In reply to UrbanFool <<


Date: 1/24/14 11:59 AM

We went through all this with embroidery designs. Some companies care some don't. There were a few scare campaigns launched in the early, mid 2000's but they really didn't hold water in court. There was even this company that told you, you have to send money and some people actually did. Only a court order can order you to do that, and threats of taking your computer and embroidery machine. Basically I believe it came down to that you can sell anything you make it and commercial use would like setting up a factory and supplying it with said fabric. The major players don't really have the time to run after it.

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quiltingwolf.blogspot.com

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Subject: Commercial use of fabric prohibited. Date: 1/24/14 12:07 PM

I think you would most likely get into trouble if you were selling items made from fabric with licensed images on it (e.g., Disney characters, sports team logos).

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In reply to UrbanFool <<
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Date: 1/24/14 12:17 PM

That is true, I remember hearing from someone who got a Cease and Desist letter from Disney after daring to try to sell a Disney quilt. However, Disney are at a pretty radical extreme of that kind of behaviour.

------
http://sewingnovice.blogspot.co.uk/
One woman. One sewing machine. One giant stack of fabric. What could possibly go wrong?

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