licensed characters

If you purchase fabric with licensed characters/logos etc is it legal to sell something made from that fabric? Or would it be some kind of copyright violation? I know a lot of people do it, but I'm just curious as to whether it's actually legal to do without receiving permission.

Thanks!
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Former_Member
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Re: licensed characters

Oh good question! I hope someone answers this. Id like to know as well.
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Re: licensed characters

In most cases it is illegal to use such fabric commercially.
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Former_Member
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Re: licensed characters

This is what I found.
http://www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml

When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric. What we find disturbing is that there are so many people who want to believe that a pattern manufacturer or a fabric manufacturer has the right to tell you what you can and cannot do after you buy their product. It just isn't so. Imagine if General Motors tried to tell you where and when to drive a vehicle you purchased from them. Would you listen to them? Of course not!

While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc. Licensed fabric means fabric that has been licensed by the rights owner to be manufactured and sold. It does not mean the fabric is being sold with a license. Disney licenses Springs Industries to manufacture, distribute and sell fabric that contain images of the Disney characters. That is where the term "licensed fabric" originates. For something to be sold with a license there has to be agreement between the seller and the buyer concerning the terms of the sale. Even though the selvage may make a statement that the fabric is for "non-commercial home use only", that "restriction" is not enforceable primarily because the purchaser does not have agree to the terms before purchase.

Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term "licensed fabric" legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is "licensed" to the purchaser. "Licensed" products require an agreement between the owner of the product and the potential purchaser. Fabric is not "licensed"; fabric is sold.
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Former_Member
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Re: licensed characters

I have seen a lot of threads on here about staying away from it, but if you think of it I'm sure Kaffe Facette and Amy Butler probably have some kind of license on their fabrics, but we use them all the time to make items for re-sale.
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Re: licensed characters

Don't trust the internet for legal advice!
For every article you find saying it is okay, you will find one saying it is illegal.
I guess contacting the manufacturer or the character license holder is the safest way to go.
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Re: licensed characters

It sounds like its not worth it to even risk it. Thanks for the advice!
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Former_Member
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Re: licensed characters

Jayne - that is not true.

The first use doctrine was initially used to permit resale of a copyrighted item. For instance, you could buy Disney fabric and resell it calling it Disney fabric without violating Disney's intellectual property rights.

One or two circuit courts have held that the first use doctrine would allow people to use copyrighted materials that have already been sold into the stream of commerce and sell the items made with that copyrighted material without violating copyright laws. However, the other circuits have held the opposite. That means it is not a settled point of law across the country - a high risk to take.

If you are really concerned, i suggest you consult an IP lawyer, and probably not one who highly advocates a position online. You need someone neutral to assess your risk.
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Re: licensed characters

Sometimes the edge of the fabric has info about what uses are allowed.

Also, it doesn't matter as much whether you are "right", as whether you can afford, or want to, fight about it in court.
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Former_Member
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Re: licensed characters

I don't trust that site for legal advice. Since your business is on the line, I wouldn't risk it,
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Former_Member
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Re: licensed characters

I believe that with fabrics such as disney and marvel that you can make things for your own personal use, or make things that will be gifted to others. You cannot resale an item which has been made from their fabric. I believe the only exception to this rule is Cath kidston fabric where by you can resell but must state that it is made from Cath Kidston fabric. This is as it stands here in the UK not sure about the states as laws may be different over there.
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Re: licensed characters

Diana Voisin from GalleryTwelve says
I don't trust that site for legal advice.
--------------------

This. They have a reputation for being inaccurate.
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Re: licensed characters

I have a friend who had her Etsy shop shut down when she was selling dog collars made with liscensed ribbon that she purchased from an Etsy seller. So, you can sell a roll of liscensed ribbon but you cannot sell an item made from the liscensed ribbon...very confusing.
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Re: licensed characters

It is not that confusing.
That ribbon (and those fabrics) are made for personal use only.
Because only the owner of the licence can commercially profit from it.
The people who make and sell the ribbon (fabric) have paid for the right to commercially use those images. When you buy that ribbon (fabric) YOU don't pay for the right to commercially use those images. You only pay for the personal use of that ribbon/fabric.
It's realy very simple.
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maydaylabels
Conversation Maker

Re: licensed characters

It's not simple; that's why the courts have disagreed to some extent about how the law should be applied in these cases.
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Re: licensed characters

Just explaining the basics here.
And if even the courts cannot come to a conclusion in certain cases, there's only one true conclusion: stay away from it.
No need to go looking for trouble. Especially when there are good alternatives (originality).
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Former_Member
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Re: licensed characters

Exactly BeaG. It is really simple. These things, even sold in craft stores, are sold for personal use only NOT commercial.

There is a difference. You are allowed to take that fabric and make things for yourself or giveaway to friends, family, neighbors, etc.

But when you want to sell them commercially, aka your Etsy shop, there is a difference and most times, you need permission and/or pay licensing fees to sell something.

I ran into this issue in my old shop when I wanted to sell NFL team wine charms. I can buy the charms but can't sell those charms in a product. It's not an "officially licensed" product.

I found out that I had to get permission from the NFL to sell them AND pay licensing fees. This is important for the copyright holder because they might not want someone selling an item associated with alcohol with their logos on it. (I know this also falls into trademarked issues which is another thing entirely).

And since we own that image, it's not right for people to take that image akin to stealing and try to make a profit from it. Disney, NFL, Marvel, etc. copyright needs to be protected.

If you drew cartoons or artwork and someone stole your image and started selling t-shirts without permission, how would you feel? I would be pretty mad if someone was selling one of my paintings on a fabric without permission.

That's how I feel about copyright violators. And they are everywhere on Etsy. I can't stand it.
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Re: licensed characters

There was just a post in the forums saying that Disney is doing a massive crackdown on copyright infringement and just shut down some shops on Amazon and is now looking at eBay and Etsy shops next. Not sure how accurate this report is, but why risk your whole shop. You could simply run it by Etsy's legal team at legal@etsy.com to be sure.
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maydaylabels
Conversation Maker

Re: licensed characters

Using commercial fabric with trademarked characters, or commercial charms, or whatever, is not the same thing as recreating someone's intellectual property (e.g., drawing my little pony). That is why there is some disagreement within the courts, and why you have dissenting opinions on the internet and elsewhere as to the legality of that use.

Saying that they are the same is as narrow-minded as saying that using trademarked fabric is absolutely fine, no worries - in truth, it's kind of a grayish area, and all the money (and thus most of the power) is on the side of the creators/owners of the characters, so fighting it is generally a bad idea, financially.

Similarly, suggesting that someone should call the company and ask if they're okay with commercial use is poor advice. I wouldn't call Ford Motors to ask if I can deliver pizzas with my car, or resell the car - the law says these things are okay, and Ford really has no say in the matter.

You would only call the company if the law says that it's *not* okay without permission and you want to ask for permission - but that is not the case here; the case is that the law is not settled.

Also, don't contact Etsy's legal team. They don't give legal advice regarding copyright/trademark law, and will not tell you whether or not you can sell something.


Finally, there are limits to intellectual property law (as there should be). You can't copyright or trademark the design for a t-shirt, or finished items made from sewing patterns (unless there is some original art involved).

All that said, I would not mess with licensed fabrics unless I had lots of $ and a good lawyer; not worth the trouble.
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Re: licensed characters

Unless you have the money to go to court and fight with Disney, Warner Bros. and others... DON'T DO IT.

I once made a blanket with Harry Potter fabric and listed it on Ebay ( before the days of Etsy ) and Warner Bros. came after me so fast it made my head spin.
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Re: licensed characters

Isn't all fabric with a print on it copyrighted then? Joann Fabrics has a ton of their own prints. They had to pay someone to make them. They have the name Joann on them. So what's the difference? In my opinion, if I go buy any fabric and pay for it, it's mine. I can then do what I want with it. Like tons of fabric sellers on Etsy. They bought some fabric on a doorbuster sale and turn around and sell that fabric with a huge mark up. What is the crime?

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