if PRINTS are even any fabric(plain whatever-no prints) that is licensed that you buy anywhere(wal-mart, hancock's etc.) and WAHM's make diapers with them and resale them for profit.. that means a BUNCH of WAHM'S wouldn't have or lose a lot of business.. CORRECT?
wow i never thought of all this..but i sure do like my WAHM made diaper's. so if that's the case then that would mean i would have to buy diaper's from a company instead of a WAHM right?
just REALLY asking.. cause i NEVER knew this..
thanks and blessings
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wow i never thought of all this..but i sure do like my WAHM made diaper's. so if that's the case then that would mean i would have to buy diaper's from a company instead of a WAHM right?
Well I don't think all prints are licensed mainly character and some designs. You can always buy plain diapers from wahms. Not all fabrics are licensed from what I've learned today.
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Originally posted by luv4sophie Should we ask if they make the patchwork themselves or used prepatched? Would this offend?
most of the WAHMs usually list on their websites (as i do) if its prepatched, stamped patch or custom patchwork. i can't see how it would offend any WAHM to ask, if it's not labelled. IMO
Originally posted by littleturtleknit Liscenced means that you can't use the fab for resale items.
Now I get it. I didn't realize that before. I feel stupid , but like I said it was only the one dress I made and sold. I still am about all the auctions on ebay every day for clothes made out of licensed fabric. I even see people use the fabric for part of a pair of overalls and then copy and create an applique of the fabric print for the bib of the overalls. This is ebay, totally public and regulated and no one is cracking down on it. I'd think if the companies are worried about it, that would be the first place they looked, before craft fairs and wahm sites.
So, I'm looking at my CITH fabric selvage it reads "# 6139 US Short: Based on Dr. Seuss characters TM & Dr. Seuss Enterprises 2003 Springs Industries In. Not intended for use in children's sleepwear." There are also little C's in circles (the copyright sign). So it's obviously copyrighted but so are all printed fabrics. Is the number "6139" referring to the liscense? I just want to know exactly what to look for. I wish they would just make it clear by printing "home use only" on the selvage.
Originally posted by Dannielle wondering if it's the "TM" I have plain old floral fabric with the copywright sign on the selvage.
That might be it. What does "TM" mean? I can't find that on any of my other fabrics, including my PRR. I did find my Buzz Lightyear fabric also made by Springs Industries it says "This product is intended for non-commercial home use only" but there is no "TM" on the selvage.
They do shut down auctions when they see them Kori. I don't know how much they police it though. Ebay doesn't police it, just when a Vero tells them to.
The TM is the trademarked. The C is just copyrighted.
Did some more thinking about PRR. I think they don't care about it's use once their season of it has come and gone. I use to buy healthtex knits from eeschenck and they never said they were not for use in manufacturing, like they say on other things. Why would a clothing company go to the trouble and expensive of trademarking fabric that they plan to just use in production? The bits of PRR we buy is just what they have leftover after all their orders are filled. They don't print it with the plan of reselling it.
Can you tell I have kids with the flu and I've spent the most of today sitting here with a sleeping two year old? Actually, I have a 2 and 5 year old on my lap right now.
Originally posted by Stacinator The whole argument of:
"There is only so many ways to put together a pair of pants, shirt, diaper cover, etc..." is true.
That doesn't mean that copying a pattern is suddenly ok. Copying a pattern because there isn't a different and original way to put them together is still copying.
I made that quote, so I thought I would reply. I wasn't implying that it would be okay to copy a pattern. I was just wondering if people go around complaining about clothes that look like they've been copied from patterns, when the patterns themselves look like every other item of clothing on the market. I was just saying, that if I look at a pair of pants, of course they look like other pants, and pants patterns. My kid's home-ade pants look like every pair of pants I see in the stores. There's not a lot of ways to make a pair of pants. I guess I was more concerned about people trying to claim others are copying things like pants when you really couldn't tell. Or could you tell? I'm not much of a sewer, so I wouldn't know.
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I would think that the WAHM has the responsiblity to connact the company and verify if the fabric can be used commercially.
Like Theresa has given license to a limited comercial use of her patterns and I'm sure if you contacted her she would be willing to work out something if you wanted to do larger quantities.
I think that many manufactures are this way. And therefore you don't have to worry about the legalities and the ethics involved.
Also remeber that you always have the option of purchasing your own fabric and paying a WAHM to sew it for you.
Someone asked PRR about it once on the Momufactured Yahoo list ..... I belive the reply was that they dont mind you using it for resale but to not use their name.. meaning dont say PAINTING RED RHINO WAHM DIAPER.... but you can say WAHM DIAPER MADE FROM UPSCALE CHILDRENS FABRIC.. or something like that
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I haven't read all the posts so if I'm repeating, I'm sorry.
We've been shut down by Warner Brothers, M&M/Mars, Disney, MAjor League Baseball Properties, Robert Yates Racing and United Media all for the use of their licensed fabric.
We fought M&M/Mars, Disney and MLB in court. They all backed down. Why, because they don't have a case. We are currently in court with United Media for shutting down fabric auctions. And in their rush to shut me down they also shut down an auction where I was just selling yardage.
There is nothing in federal or state statutes that the disclaimer on the selvage of the fabric is bidning upon the purchaser.
The use of the fabric is covered under the First Sale Doctrine and Fair Use.
As long as the seller does nothing to imply a relationship or sponsorship from the people who license the fabric there is nothing wrong.
Once we backed down Disney and MLB they stopped (from what I've heard) shutting down other people for using their fabric.
As far as the pattern issue goes, I buy it, I can make whatever I want from it and sell that item. I just can't copy the pattern and sell copies of that pattern. The pattern was designed to be used and for objects to be made from it.
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Hate to tell you, but you are misinformed with regards to this pattern issue. When you purchase a pattern, you purchase the right to make items from that pattern, yes. You do NOT purchase the right to sell items from it or otherwise derive a profit from it. Those rights reside soley with the creator of the work-it's called intellectual property, and if you (the pattern buyer) use that work to profit, it IS stealing. And it IS illegal.
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As far as the pattern issue goes, I buy it, I can make whatever I want from it and sell that item. I just can't copy the pattern and sell copies of that pattern. The pattern was designed to be used and for objects to be made from it.
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"As far as the pattern issue goes, I buy it, I can make whatever I want from it and sell that item. I just can't copy the pattern and sell copies of that pattern. The pattern was designed to be used and for objects to be made from it"
When I buy patterns for personal sewing, I always see "sold for individual home use and not for commerical or manufacturing purposes" on the package.
I made my own jumper/skirt patterns for my site, because even though I am sewing in my HOME, it is still a business.