I knew about the pattern thing and haven't ever sold anything made from a pattern. I'm confused on the Liscensed fabric thing. Does the fabric need to say on the selvage "for home use only"? I know I've seen fabric like that, like the Harry Potter's for example. I've bought some Munki Munki fabric from Reprodept that said in the desciption "This fabric can be purchased for personal sewing projects only. This print cannot be used for items made for resale." http://store.yahoo.com/reprodepot/icecreambars.html
I'll use that to make things for my family and not even sell or trade it when it's outgrown. I want to follow the rules.
So, I was totally unaware that other character fabric is illegal to use for resell. If that's true, why doesn't it say that on the selvage, on the bolt, or on the web description? There were hundreds of Ebay auctions of clothes made with the Cat in The Hat fabric (as well as Nemo, Hello Kitty, Bob the Builder, various Disney, etc.) If it is indeed illegal the powers that be aren't doing very much to get the word out or to prosecute the sewing criminals .
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Kori,
Mom to Calvin 8, Nathan 6 & loving wife to Lance since '97
Originally posted by clickinchic I'd say if you have a problem with what someone is doing, contact them directly with fact rather than putting something semi vague out here on the boards. I thought that was just being polite.
(I did use a few patterns recently to make myself a formal dress, but didn't sell it. My mom and I have begun making and selling plus sized clothing (up to 15X), however, we do not use any patterns, but we did get the actual measurements from looking around at various stores. Does that mean we did something illegal as well? )
I think she just claried that she didn't have a problem with someone in particular, she was just asking a general question. I think this thread is probably pretty educational for lots of people and don't see why it shouldn't stand.
Nope, copying things from stores is totally legal. Isn't that a hoot? You can't use patterns but you can make knock offs.
Now, if something you copy is copyrighted, trademarked or has trade dress, you can get in trouble. Those things are pretty specific and just taking size from something wouldn't fall into any of those categories.
Location: baking a happiness cake with the ingredients I already have...
Posts: 3,444
It seems to me that Meghan already addressed the fact that she wasn't talking about any one person in particular, so the suggestion to PM or whatever is a silly one. She's got a legetimate question, and honestly there are a LOT of mamas and wahms that spam here that use character prints and/or use commercial patterns. What, is she suppossed to PM each and every one of them? C'mon now!
We've had the fabric discussion enough times on this board that I would think everyone would know by now that it's illegal to use character prints for resale (and if they've somehow managed to not see all the discussions here, then the big words printed along the selvedge that say "For home use only" are probably a big clue as well, LOL ) I can recall a specific discussion on a thread about a craft fair less than a few weeks ago, so it's been recent, too.
I think the bottom line is, whether or not wahms claim ignorance of the law previously (on both the prints and the pattern thing), if they have read this or previous threads, then they now are educated. But will we see the illegal use of patterns and prints stop? Nope, I doubt it. So what does that say about their ethics?
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Theresa, Mama to AJ, Ethan, Greg + Rusty Little Turtle Knits
Originally posted by Kori I knew about the pattern thing and haven't ever sold anything made from a pattern. I'm confused on the Liscensed fabric thing. Does the fabric need to say on the selvage "for home use only"? I know I've seen fabric like that, like the Harry Potter's for example. I've bought some Munki Munki fabric from Reprodept that said in the desciption "This fabric can be purchased for personal sewing projects only. This print cannot be used for items made for resale." http://store.yahoo.com/reprodepot/icecreambars.html
I'll use that to make things for my family and not even sell or trade it when it's outgrown. I want to follow the rules.
So, I was totally unaware that other character fabric is illegal to use for resell. If that's true, why doesn't it say that on the selvage, on the bolt, or on the web description? There were hundreds of Ebay auction of clothes made with the Cat in The Hat fabric (as well as Nemo, Hello Kitty, Bob the Builder, various Disney, etc.) If it is indeed illegal the powers that be aren't doing very much to get the word out or to prosecute the sewing criminals .
Okay, last post from me! Yes, if it says "home use only" on the selvage, it is copyrighted and can't be used for resale.
When I buy fabric wholesale, they DO say "Licensed-Can not be sold for manufacturing." (that was cut and pasted directly from a wholesalers site). When they sell them retail, I don't know why the chose not to say that. They are most likely assuming you are buying retail for retail (home) use, not to resell.
Trademarked fabrics usually say licensed on the selvage and some say "for home use only" or "not for resale".
Oh, and that quote I pasted above was from cat in the hat fabric, so it definitely falls into the home use only category.
also, I don't think it is rude to publicly discuss this, even about specific people. I mean really, especially people who have previously been nicely told that what they are doing is illegal. If they continue to do it, well, I don't think there is any reason not to call them out in public. I don't think there is really any reason to pussy-foot around.
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Mary,
momma to Tyler 5-14-03 And Maya 1-19-2001
And Ciara 1-14-06
Originally posted by arasmama I think she just claried that she didn't have a problem with someone in particular, she was just asking a general question. I think this thread is probably pretty educational for lots of people and don't see why it shouldn't stand.
Nope, copying things from stores is totally legal. Isn't that a hoot? You can't use patterns but you can make knock offs.
Now, if something you copy is copyrighted, trademarked or has trade dress, you can get in trouble. Those things are pretty specific and just taking size from something wouldn't fall into any of those categories.
Allison
You're right. She posted as I was writing my post up, but she clarified the PM thing and being more than one person she was wondering about as I was typing. I wouldn't have asked otherwise. )
Now, I "hear" a little sarcasm here, but I do not know if it is directed at me (middle paragraph). I am not copying ANYONE'S patterns. I AM checking various sites for measurements on specific sizes to be sure we size things well for the appropriate sizes. But all clothing designs are coming from my head.
Originally posted by clickinchic
Now, I "hear" a little sarcasm here, but I do not know if it is directed at me (middle paragraph). I am not copying ANYONE'S patterns. I AM checking various sites for measurements on specific sizes to be sure we size things well for the appropriate sizes. But all clothing designs are coming from my head.
I'm not sure why you are hearing sarcasm?? When I said, "Isn't that a hoot" I was directing that at the copyright/trademark, etc laws. We can't make things and sell them out of disney fabric, but we can buy a gap shirt, copy it and make a million more and sell them. Seems silly to me.
I AM checking various sites for measurements on specific sizes to be sure we size things well for the appropriate sizes.
By that do you mean that what say McCalls calls a 10 and Simplicity calls a 10 may have different hip and bust measurements and you want to see what the consensus is on sizing? Because today I was looking at patterns for myself and those pattern makers want to make me 2 sizes bigger than what I wear in RTW. I didn't get any patterns rofl.
I agree why pussy foot around? I can read and I'm sure everyone who posts here can read. It says home use only ok? You can't go and make it profitable for ya. You are not above the law. LOL
(You is those who do this. They know who they are.)
Originally posted by luv4sophie By that do you mean that what say McCalls calls a 10 and Simplicity calls a 10 may have different hip and bust measurements and you want to see what the consensus is on sizing? Because today I was looking at patterns for myself and those pattern makers want to make me 2 sizes bigger than what I wear in RTW. I didn't get any patterns rofl.
Actually, we have looked at various specialty plus sized shops and then we take the average inches around from all of the sites (we've probably each looked at 10 or so sites?) Thing is, we would like to get in to make bigger sizes even than that, but were unable to find enough sources for measurements to feel comfortable doing so. We will do custom orders, though where the buyer can tell us what they want and their measurements then go a # of inches larger so it will fit well without being tight.
I've gone off on a tangent. It's just another thing I am doing to make $ until my photography career takes off.
Originally posted by arasmama Okay, last post from me! Yes, if it says "home use only" on the selvage, it is copyrighted and can't be used for resale.
When I buy fabric wholesale, they DO say "Licensed-Can not be sold for manufacturing." (that was cut and pasted directly from a wholesalers site). When they sell them retail, I don't know why the chose not to say that. They are most likely assuming you are buying retail for retail (home) use, not to resell.
Trademarked fabrics usually say licensed on the selvage and some say "for home use only" or "not for resale".
Oh, and that quote I pasted above was from cat in the hat fabric, so it definitely falls into the home use only category.
Allison
Good to know . I think the one CITH dress that I sold on ebay was the only thing I've made and sold using character fabric. I bought that fabric in an ebay auction (then later a little more at Walmart) and didn't realize it was for home use only. Should I assume that ALL character fabric is illegal for resale sewing even if it's mentioned nowhere? I wonder why they don't do anything about all the ebay sellers? Is it not a very serious or punishable law?
Thanks for starting the thread Meghan and all the info Allison and others .
I doubt whether the OP really has a question or clarification. It seems to be more of a statement to the WAHMs who are "illegally" selling items made from patterns or using character fabric. I can think of 3 Mamas at least who this is directed at (one in particular), and if you ask me - people are going to continue buying from them. Why ? Because they obviously do quality work and who gives a @#$% about whether they "illegally" used a pattern for it or are using licensed fabric.
Frankly there's nothing great about designing your own patterns if you're doing it by copying a style you see in a magazine or on TV or wherever - its not an original idea - its just copying some other designer's hard work..........
Monica
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SAHM to my cuties Kyle (9/26/99) and Camryn (12/26/01)
And, hey, who gives a ##### who beats their kids, steals from others, ummm, does any number of illegal things. Illegal is illegal. You may not agree with it, but it is still illegal~ Would these same mamas go steal from someones home? It really is comparable.
Originally posted by mnemonics Frankly there's nothing great about designing your own patterns if you're doing it by copying a style you see in a magazine or on TV or wherever - its not an original idea - its just copying some other designer's hard work..........
Monica
True, however, the majority of people I know (including myself) do not copy designs to sell. If I get any ideas from anything (such as Hanna Andersson), it is for my daughter. I rarely ever sell anything that I make here and when I sold on eBay, everything that I made was completely my design, not copied from any other designers designs.
I know, I know, she doth protest too much, but I feel like since this wasn't directed to one person in particular, everyone that does design is going to either stick up for themselves or sit back and there will be doubts if they are one of the people doing this.
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) I can recall a specific discussion on a thread about a craft fair less than a few weeks ago, so it's been recent, too.
)
It's just another thing I am doing to make $ until my photography career takes off.
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