amitymamaThe Attachment Parenting Community

fw221 · 10-04-2004, 07:06 PM

Lydia and I just got back from JoAnn's. Lydia decided she needed some of the new Dora Christmas fabric and since I've been reading this thread, I thought I'd check the selvage. It doesn't say anything about the fabric not being intended for commercial use. Same thing with the SpongeBob fabric (manufactured for the same company).

Does that mean I can do what I want with Dora & SpongeBob fabrics?

tara · 10-04-2004, 07:49 PM

Really?? I thought the networks were all about ownership of characters. Who knows anymore!

Tara

ps: digging that potstirring icon!

tabberone · 11-17-2004, 09:53 AM

For those of you who don't want to slog through all the stuff on my website.

Precious Moments has licensed fabric, with a disclaimer I might add. They took a company, not a home crafter, a company to court. This company was buying the fabric and having it sewn up into items for sale in their store. Precious Moments lost.

The First Circuit Court specifically rejected the copyright claim where La Infantil was being accused with unauthorized use of copyrighted fabric, saying that "bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works."

The Court also said "The copyright owner's right to distribute the work is limited by the "First Sale" doctrine, which permits the owner of a legally acquired lawfully made copy of a work to sell that particular copy without the consent of the copyright holder".

That has been the only case over the use of fabric that we've been able to find. Everyone else apparently has been smart enough to to pursue it.

catalabella · 11-17-2004, 01:31 PM

Quote:

In my opinion, then, the stipulation "for home use only" hasn't to do with whether or not saleable items can be made from it, but rather to whom the fabric can originally be sold (Jo-ann for home sewers or some corporation for large scale clothing manurfacutre), and the scale of the creation of saleable items.

ditto. English is not my mother tongue but if i read "for home use only", if I make something in my home and they I sell it, well I used it at home