9/19/12

Sewing Projects to Sale using Commerical Patterns and Licensed Fabrics

Ok, so I have been in a sewing mood lately and once again I am researching copyright issues (I do this for many things before starting projects to sale).
I have been confused for many years on how the patterns and licensed fabrics thing work, but I believe I have found my answer - First Sale Doctrine.  This means I can make items from commercial patterns and so-called licensed fabrics because I have not entered into a written agreement with the designer or manufacturer.  I would think I could have in the first place since I bought the fabric and pattern, but you know the shady laws.
Tabberone is a good source for this type of information.  If you want to make and sell items you sew, be sure to use the Tabberone Disclaimer to fit your situation.
I have also contemplated NOT buying licensed fabric too because of the stickiness of the use of the fabric and patterns.  I just don't see why companies want us to buy their products, but tell us what we can and cannot do with it after we purchase it.  Maybe we should stop buying their products.  Remember when Cricut used to say we could not sell items we made from their cartridges, then after the cake machine, they changed it and said we can't sell the die-cuts as-is, but can sell what we make with the die-cuts (because bakers were upset - Cricut mentioned not being able to sell the die-cuts in a brick and mortar store (this would include bakeries) or online)?

Here's something to think about too, just in case you're still unsure (like I am):

"You can, however, sew custom garments for customers using a commercial pattern if you buy one pattern for each person. For instance, if you are making four of the same style of bridesmaid’s dresses for four different people, you need to purchase four separate patterns, one for each bridesmaid" (Get Creative Show).
Anyway, if you have any "known" facts about this situation (with online sources), please let us know. I am inclined to believe tabberone for sure, but I am wondering if the laws are different in different states and countries.

Talk to ya later

Gina

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