Wednesday, November 9, 2011

fabric ... not for commercial use?

     I have seen fabric and patterns etc that are labeled "not for commercial use" or "for home use only".  I find this to be a confusing subject.   I've read several different opinions on the matter.  Some say the design is copyrighted thus the fabric can't be used in anything that is sold. Others say that the writing on the selvage is not considered a binding contract since you purchased the fabric from a 3rd party.
     For me, I'm not producing large quantities but I am selling things. I guess I need to start paying more attention to what the selvages say. However this is hard especially if I am buying fabric online.  My personal opinion is that if I purchase the fabric.... It is now mine to do whatever I want with it.
     If I buy a car that is suppose to be a "personal vehicle" the manufacture can't sue me if I use it for business use. Same with a computer or a printer.  I know this battle was already fought over cross stitch patterns.  And the pattern companies lost.  If you gave 10 people the same fabric... chances are they would make 10 different and unique items.  Just because they are all made with a designer fabric should not render them unsaleable.   I read that Amy Butler fabrics will be removing that wording in the future ( on her website). They do not try to limit the use of the fabric.
     I think if a designer of fabric doesn't want people to make stuff with their fabric.... then DON'T SELL IT! Duh? Plus this is somewhat impractical.  What if I buy a fat quarter and I don't get any selvage with the "home use only". Can I then use it? How am I suppose to know that I can't use it? I can't research every scrap of fabric... try to figure out the manufacture.. Then contact them for permission. Well I might be able to but I would end up never making anything because all my time would be spent trying to track down fabric designers/ manufactures/ etc.  What if I buy some quilt blocks that don't have any selvages attached and it's polka dots? There must be a zillion polka dot fabrics out there on the market from vintage to modern!
     So for now, I'm going to use all my fabric .... regardless of what the selvage says.  Oh and patterns .... It has already been decided that although you can't copy a pattern and re-sell it.... you can sell whatever you make with the pattern and do not need the pattern maker's permission.   I have yet to ever make anything from a pattern that I didn't adapt in some way.
     I'm not trying to "steal" someone else's designs. I think I am purchasing the fabric and thus can use it as I choose.  Personally it kinda makes me want to make raunchy underwear out of some of it.   I don't have any Hello Kitty fabric but I know that it is mostly labeled "not for commercial use". They have some really cute Hello kitty Fairy with magic wands fabric.   How about some transvestite midget thongs with pink pom pom noses on the kittys?  I bet someone could make 20 pair from a yard ! (Please do NOT send me any pictures of this if you make one especially if it is being worn by a model!)

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