Seamrippin' - Licensed vs Unlicensed Fabric
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- Опубликовано: 18 сен 2022
- Seamrippin' is just going to be me candidly talking about a hot topic in sewing circles. Today I'm talking about the age old question of licensed vs unlicensed fabrics. Can you use them and sell items made from them? Short answer: yes for licensed, no for unlicensed. Really short answer: some Facebook groups are all about banning me now for being too candid maybe?
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If I may add one thing: even if the selvage end has "Licensed for home use only, not for commercial use" you can still make it into something and sell it. I did a load of research on this and any license between a grantor and a vendor does not extend to a consumer. Thx for this and all your vids!
I am so glad you made this video. All these new fabrics are lovely and I kept thinking to myself "have people forgotten licensising issues in the last 10 years"? Like what is going on! Am I losing it?
YUP. The biggest offenders are the people who just take clip art from google searches and make a fabric from it. That's just not right. There's a fine line between fan art, derivative art, and then outright theft. I use custom fabrics ALL of the time that are Disney-inspired. I'm just very careful about what I use and how I market it.
I love your everyday thinking & honest opinions. There’s no pomp or arrogance, it’s SO refreshing 🥰🥰🥰
My ding dang glasses have so much glare! They're just blue blockers, so I'll try to remember to take them off next time I record >.>
Thank you for this! I think a lot of us have had this on our minds and never really *really* discussed it.
Glad you’re back to doing videos for us. Thank you for informing us of the knowledge you give us.
Thank you for all of the information you give us when starting and or have a business. Thanks for you honesty!
Thank You for honesty!!! It’s all new to me and you are very helpful with all you have to say!!!! Looking forward new videos 😘
Thanks you for covering this point. ❤
Thank you I was afraid of this so glad you shared this
Thank you for an honest video! I am new to the sewing world, so your advice and knowledge is very helpful. Thank you.
OMG, this video was extremely helpful. I have so much licensed fabric that I was afraid to make bags with to sell. Now I know that I can use it. Thank you so much!!!
Thank you for actually talking about this. I bought some adorable prints but no way would I try to sell these.
WOW! I knew about using licensed fabric, but didn't realize the issue with UN-licensed fabric. 🤯. Thank you!
I've missed you glad you are back. I made my daughter-in-law an apron from licensed fabric; after she received it she suggested that I sell them. I let her know that it was illegal to make stuff from it to sell. I could make aprons from other fabrics just not that one. I've heard too many horror stories from others about this subject. I'm glad you took the time to explain it to us.
You're welcome! It's a really confusing subject and there are so many good questions about all kinds of different aspects of licensed fabric use. Like where does the line get drawn? What is considered to be derivative work (e.g. fan art)? Really the best route to take is to seek out a business lawyer and work with them to get everything cleared up.
Thank you for this! Just got into selling a special design of heat pack that I've created. I'm so worried about finding the regular patterns ( no character types or themes like Minecraft) selling the product and getting in trouble for it. This makes me feel a lot better!
I'm glad to see someone talking about this. It's hard when the Licensed fabric is either really ugly or non-existent, but at the same time, I do think it's important to go into this with your eyes open. If you work to create something that takes off in the public imagination and then someone else comes along and profits off that, wouldn't you try to protect your ideas? And I know it's popular to think about how 'they are soulless corporations that drip money and I'm just a little guy who needs it' but is it really right?
Sometimes it doesn't matter if it feels right because of the "soulless corporations" aspect of it all. It's a huuuuuge legal liability for small businesses :( again though - people should absolutely get proper legal advice and not look at the Internet for answers.
omg YES. This is a huge thing for me, and is part of why I ended up leaving a lot of custom fabric groups. I also don't even make my own stuff on Spoonflower with those types of things because it's definitely not worth any kind of risk. (edit: first license doctrine doesn't work with Sanrio apparently - they don't let people sell things with their licensed fabric).
That's good to know about Sanrio! Disney tried to pull that crap and that's how First Sale Doctrine was established.
I’ve been wondering how some of these Facebook groups can sell (make?] vinyl with well known logos and get away with it. I’ve joined a few of these groups, then saw what they were producing and promptly left. I just wanted cute vinyl. I didn’t want to get sued! Thanks for explaining. Turns out my intuition was correct.
They are usually “hidden” or invite-only groups. This conversation is surfacing again so it’s important to remind people to speak with an IP lawyer to get real answers if anything seems cloudy. Oh, and I’m not innocent at all. I’ve used unlicensed materials before. I won’t list it on my shop or sell at a market. Usually it’s for friends or family.
Hi. Thank you for this video. Never even thought about this. Just bought a whole bunch of fabric from an online store. Just sent them an email to find out if I would be able to sell products I make with it. Keep my fingers crossed.
Follow up. The lady said I'd be able to use the fabric to make items for me to sell.
Omg. I sit and think “oh your upset your printer sold you design to another seller”. Isn’t that the kettle calling the pot black. Glad I not alone. I have a lot too but it’s for myself and gifts I make. It’s hard though because SO MANY
people are doing it at shows and getting away with it. Love watching you be you
I got banned from the overly dramatic "Free Speech" group for pointing that out once. Super duper perma-ban for sure. No loss really. I don't have time for the amount of drama that drips from that group.
Here in the UK, we can't use any type of 'branded' fabric, not even fan art or inspired by, for any type of commercial use. No exceptions. We have shops here that sell Wizard Boy and Flying Lady with Umbrella (wink wink) fabric, but we can't use it for anything other than personal use. We can, however, use fabric that has been upcycled. We could go to a shop and buy a bedding set or a cushion cover and remake it into something else, changing its original intended use. We can also have a customer buy the fabric and we can charge a standard hourly rate and make something for them, using the fabric. But that's the only things we can do. I have spent months, if not years, researching, talking to law professionals, etc... It's the same with branded fonts, SVG files, embroidery fonts, and designs. I've come away with so much insight, but my best advice is this: If you recognise the design/font/file, you can't use it for any type of commercial use.
As a UK sewer, this is really helpful to know. Thank you Tammy. 🙂
@@jackyf3505 You're very welcome, Jacky :)
I’m from the uk and have always steered clear of all licensed fabric unless I’m making a gift for someone. Didn’t realise I could upcycle fabric though. Thank you for clarifying things x
now that is a doggone good idea!! 😄
Thank you for the honest reality check. I can't afford a legal battle with the mouse house, and I wouldn't want the stress or hassle. Good luck with your move.
I read about the first sale doctrine many years ago. Just haven’t found anything that pops!! I have also noticed at local area Joanne’s--the one half isle that had copyright fabric has now turned into 3. So what’s up? Most of this means, I believe, they are cutting off their nose to spite their face. The revenue they are losing must be enormous! I mean how many, aprons, bags, etc can you make for family or friends?? Love your videos.
A good video that may save someone a little hassle with IP owners, which is a good thing. Thanks. YVR
I know EXACTLY what you mean sweetie! i Create and Design canvas tote bags and i design bags for the black sororities and fraternites. but i do it ONLY BY REQUEST of those who want to buy them. i don't sell them at expos. when i do these types of bags i cannot use their coat of arms because it's licensed, but i use the greek letters instead and design around that.
and another thing, ETSY? i don't mess with them either! you are so right about the rediculous fees!
Thank you for this info! I’ve always wondered about the licensed fabric that we can get at big box stores. And it never made sense to me that they sold the fabric, but then we wouldn’t be legally able to make things from it and sell them. Thank you for your clarification; immensely helpful! It totally makes sense what you said about the first sale doctrine. Follow-up question for you. I see artists at anime cons, and the con organizers even set up designated areas where artists have rendered original paintings/drawings of certain characters from animes (for example). Why are they allowed to sell prints of their original artworks and fabric designers are not allowed to create original art work and print them onto fabric? That part confuses me.
I’m going to guess the artists are making derivative works.
We all need to hear the hard stuff! Go for it. There are always those who think they can fly under the radar, good luck to them. But they better not cry when the trademark police come knocking! Pleading ignorance doesn't work - hey, you wouldn't be using that off brand stuff if you didn't know the licensed stuff was popular!
The problem is the boxed stores have crap fabric, have you seen Joanns printing lately? It's AWEFUL!!! I hear you and it is a good idea to be cautious in what you do but I haven't bought fabric from them in forever, at least till somebody does some quality control lol Great video and gives us something to think about.
They DO have crap fabric... :( I designed some vinyls of my own and just sent them off to a supplier to get printed and shipped back instead.
@@fiercekittenz that's great! I wish I had the talent for that lol
I assume the same can be said for embroidery designs. How does the licencing work if you recreated the design of a logo/Or direct copied and embroidered that on a bag?
I'd probably want to consult with a lawyer on that one. Not sure how that works. I'm thinking along the lines of the Brother machines that come with Disney embroidery designs. Good question!
What about using logos/labels from thrift store jeans on upcycled bags to sell on Etsy et al? Bags have my maker label as well.
No, I don't think that would be acceptable. That's like saying I'm going to take one of your bags and leave YOUR label on it. What if I wasn't a good sewist? Someone would think that was something you made and put out into the world in shoddy quality. It's the same thing with any other brand - they'd be upset. I know *I* would be upset if someone upcycled one of my bags and left my business' label on it.
Brb sending this to every Etsy seller lol
Great video, very informative! But how do you know what is licensed and what is not?
It will typically say on the selvage if it is licensed. If there's nothing on the selvage, assume it is not.
Would you happen to know about artwork or book prints? Like taking a canvas print of art and sewing it onto a tote bag to sell. Or taking a hard cover book and turning it into a purse to sell. The original artwork would remain unchanged.
I'm not sure about that, sadly :(
@@fiercekittenz to be honest, i wouldn't mess with that either! just to be on the safe side and avoid all the hassle!
Great content, ring light is not working with the glasses! Distracting!
Yeah I know. They're blue blockers. I had Lasik done back in June, but I still need blue blockers for working at the PC. I didn't realize they glared so much until I went back to edit the video!
Maybe I misunderstood, but I have read the fabric selvage from joanns and it literally says not to sell items made personal use only.
Potentially some will say that. You absolutely can though.
Some articles on it:
lawontherunway.com/blog/using-consumer-store-bought-fabric-commercial-purposes-first-sale-doctrine/
legalbeagle.com/12718081-can-i-make-items-using-copyrighted-fabric.html
So question if I buy from Joanns I can sell it? Is that what you are saying? Just not from small groups right?
Yep! If you buy something from one of those super secret Facebook groups that require all but a urine sample to get into, you're likely working with people who do not have licensing to do what they're doing. I usually grab those fabrics for personal use (well, hopefully anyway - they probably banned me by now for this video LOLOLOL).
@@fiercekittenz so even if you change the name of the characters, it’s still a no go bc there was no initial license on the part of the fabric group? Just making sure I understood.
I’m starting to make bags and sell them. Can I use Kaffe fabrics as part of my bags?
I usually just shake my head at the complaints of “Etsy took down my custom (insert IP here).” The other laughable is the free speech group, but most of them get product from China. Kind of ironic. Btw, those of us that don’t twitch 😂, miss you here.
I know I know :( I'm TRYING!!! I get so darn busy over the Summer and now with the move, things are disjointed. I'm really hoping that after I'm moved and settled in I can introduce Saturday streams on RUclips.
So if say Johannes fabric has the verbiage trademark. Can this be used to be made for items for sale!
“It depends.” Basically YES because of first sale doctrine but some companies may be more stringent for weird reasons.
So I am confused. Joanns sells Disney fabric and we, as a bag maker, make a bag, put our label on it and put it on the website and list it but can not say Disney in the name - that is okay? But if we mention Disney that’s when we get in trouble?
Yes. It's weird. I'm not a lawyer, but as I understand it, you can absolutely use the licensed fabrics from Joanns, just don't sell it under the trademarked names. E.g. Don't say "Haunted Mansion Tote" in the title. That's what'll get you with the lawyers. Again, if you're super concerned, please speak with a lawyer that specializes in IP law. I highly recommend Noah Downs (@MyLawyerFriend on Twitter).
Is there a problem if you are not “labeling” your products? I sell at craft shows so I don’t label anything other than with a price. Typically I have stayed away from character fabric but I know it would sell better if I could even use the big box fabrics.
Well that's interesting because all my fabric, r from family that have passed away and all sewing goes to me. That's a lot of fabric they have no writing on it anywhere. Plus like u I have a lot of hobbies. 😂
I have waaaay too many hobbies. I've had to stop myself from picking up new ones over the past year.
@@fiercekittenz Hows the violin going?
Still getting a kick out of your videos LOL 🙂
Sometimes, I'm just... uh... too candid though. I'm sure someone's gonna get offended. I'm not a lawyer, BUT... it's pretty freaking obvious that people shouldn't be using unlicensed materials. I'm guilty as heck of it. I still have a lot of the fabric, myself.
Sailor Moon, Minecraft, sewing, too many hobbies, coffee…did we just become best friends?
MAYBE???
@@fiercekittenz I got to your channel looking at vinyl sewing tips because I’m making fairy wings. (Queen Chrysalis wings to be exact) I liked your style, watched a few more and now I’m like ‘yes all this bag making info is for me, I’m a bag maker now and also I should pick up the French horn again’ so thanks for that 😂
@@truckerdave8465 HAHA Love it!!! For the fairy wings, have you seen how people make the wire frame first, then take Saran Wrap and just hot gun it down into place? It's SO NEAT.
So, I assume you're talking about printed fabric that has commercially licensed images on it? Or are all legit materials licensed in some way? Like certain patterns or weaves etc.
The former - printed fabric using commercially licensed images. E.g. someone thought it would be a "good idea" to go to Google, grab images of characters in clip art format and toss them into a PNG for printing.
So you can use fabric that is licensed and sell just not call it by there name
How nuanced or generalist is this? Excluding obvious logos and identifiable characters owned and registered by various companies, what if K.mann made a fabric with barn doors or pipes and gears? Does this mean all steam punk fabric consisting of pipes and gears is on sketchy grounds and your favorite barn door from an historic type of barn is now off limits?
And what if your key lime dye lot unfortunately matches a pantone colour?
And out of ignorance here, who is willing and able to produce these knock off fabrics without getting into hot water?
That's when you're treading into copyright law. Unless K.mann trademarks steampunk, they can't stop others from making steampunk fabric. What K.mann could do, however, is sue anyone for basically copying their work and arguing that it is not fair use nor derivative within reason.
You're so banned.
DANGIT SCOTT
Have you heard of Mingfabricstore? So if you buy something from there, you legally can only give something away you make or keep it for yourself…correct?
I haven't heard of that one, sorry.
『p』『r』『o』『m』『o』『s』『m』 😑