I am looking for information about whether it is illegal to use fabrics such as Winnie the Pooh, Clifford, and such character prints to make and sell dresses, tote bags, etc.
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If you look closely at the selvedge edge they all say for private home use only. Not to make things for resale.
I checked it with a copyright attorney and yes you can sell items you made and it doesn't matter where you sell them if you actually made it. As the law states that I have a right to sell my artwork. So sew away and feel free as no one can tell you what you can sell or not sell if you made it. The copyright laws are for mass production of a registered trademark so you cannot sell say a purse with John Deere on it as a John Deere licenced purse but you can sell it as a homemade purse, see what I mean?
It is actually illegal to use these images for resale items...you are expected to use them for your personal use, and not to make items for sale from them....it is being done, but it is still against the law....
I have looked up legal items on this subject and I am pleased to announce it is not illegal. Here is one of many posts on the First Sale Doctrine.
First Sale Doctrine
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.
Judge Waterman of the Second Circuit Court of Appeals, said that under the Lanham Act "one can capitalize on a market or fad created by another provided that it is not accomplished by confusing the public into mistakenly purchasing the product in the belief that the product is the product of the competitor." American Footwear Corp. v. General Footwear Co. Ltd., 609 F.2d 655, 662 (2d Cir. 1979), cert. denied, 445 U.S. 951, 100 S. Ct. 1601, 63 L. Ed. 2d 787 (1980) (finding that the manufacturer of a "Bionic Boot" did not infringe the trademark of the producers of the "Bionic Woman" television program).
You are not correct in your statement
You can find hundreds of things for sale at eBay that are made from Disney, and all kinds of things. You can not be expected to buy fabric with copyrighted images on them, then not make things from them.
Sorry, but it's definitely illegal--you can only make things for PRIVATE use out of such fabrics. Making things for sale is a violation of copyright. It can also get your eBay account suspended, if you try to sell such items on eBay.
I have made and sold and given away many clothing items with licensed characters on them. I have also seen that on ebay a few times. I figure if they didn't want us to do it the they should not make the material.
You can sell an item that you personally have made from the material. You see this at craft shows all the time. It is meaning mass productions.
Lol. There's no debate. It's 1000% illegal. The people you see selling on Ebay simply haven't been caught yet, and will get away with it up until the point where an affiliate discovers the copyright infringement. Then they WILL be sued. The only way to LEGALLY sell your Pooh covered blanket is with Christopher Robin's written consent. No ifs, ands, or buts. Feel free to take your chances. I fully support your decision. I bought a cool Yoda bong on Etsy and I love it! For your sake and for the sake of all other crafty little online entrepreneurs, please be aware of the risks when making these choices. Good luck to you!
Im not entirely sure that it is accurate to say that licensed characters can not be utilized in design, as long as the design is not marketed as authentic.
Here are some small differences in marketing from previous experience that will work/wont work. From perspective of custom designed object (amulet, wallet, blanket) vs resell Vs retail
All retail must be licensed - what does that mean? If you are purchasing an item in bulk, for sale at the retail price you must be an authorized retailer for the product- the same applies for resell. Some companies are more strict than others.
Design and creative license. There are some new rules around this that state basically of an image is available publicly ... it is available for public use in design.
With some caveats - example. Small business that makes custom designed zipper pulls, gets inspired by Ursula from Disney and creates a character mold that RESEMBLES Ursula based off that inspiration. Individual labels said pull as sea witch
Unless its an exact replica artistry wise, and the artist is marketing it as Ursula there is no infringement.
Another example:
Individual designs a fabric (or manufacturer designs a fabric) uses a character... many times an array of characters, included in the design in a unique way that doesnt currently exist.... as long as no individual character comprises more than a specific percentage of the overall design (I believe its 30%) then its likewise not considered copywright infringement technically ... UNLESS its being advertised as Disneys sleeping beauty.
Realistically most people go for the first, particularly as it pertains to Disney ... Winnie the pooh for example is a storybook - Winnie the Pooh, as a depiction of the story... can be marketed as just such. Because Disney doesnt own the story, just their particular visual representation of Winnie the Pooh.
TLDR, there are ways for this poster to adequately advertise her home Crafts without violating copywright as long as it isnt an exact replica of a current or former product released by Disney and she isnt claiming its authorized or approved by them.
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