World Wide Quilting Page
Question of the Week
Question for the week of July 26, 2004:
Our question this week comes from Pat C:
My guild maintains that a wall hanging made out of Mickey Mouse fabric cannot be sold at our annual quilt show because it would violate Disney's licensing and copyright. I maintain that the fabric company who produces the fabric has paid the license fee and sells it to me when I purchase the fabric.
Christina in WA :
Interesting timing for this situation on the main board right now. If you haven't already check out this ebay auction that had to be removed.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8121416446
Donna :
To Caroline, regarding your comment about so many teachers using these different ideas:
The current publication "Copyright Basics" lists categories of material which are generally not eligible for federal copyright protection, and two of them are:
"Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration."
"Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
So, I read that to say you don't have to be original to teach quilting methods, which can't be copyrighted anyway.(Agree?)
Donna :
Do not assume that works not bearing a copyright notice aren't protected. Here are some quotes from the United States Copyright Office current publication "Copyright Basics":
"Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work..... The use of a copyright notice is no longer required under U.S. law, although it is beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works. Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989.....Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909..."
Caroline :
Try to avoid buying any fabric for awhile and see if the fabric laws of copyright will change!What is the point of these people even manufacturing fabric if the person who uses them cannot make a profit? Or buying quilting books.
Why are there so many teachers of quilting, using these different ideas. Not all of us are original designers.
Kathy in WA :
There is usually a brief note in the selvage on character prints such as Disney, Warner Bros., Sponge Bob etc. It says something like "Licensed for personal use only."
Christina in WA :
Isn't there a difference between regular quilting lines and licensed fabrics? Otherwise there wouldn't be a seperate sign in the store, right?
Donna :
Only the copyright owner has the right to PROFIT from the design, so your guild is correct. As a buyer, you have the right to use it for yourself, or give it away, but not to deprive the copyright owner of her/his rightful PROFITS. Most copyright owners do not object to a few items being sold, as I understand it. However if you to start selling copies of copyrighted items with regularity, or a quantity of them, there could be a lawsuilt, with the copyright owner claiming all profits. If you buy something which is copyrighted, a book, for instance, you can transfer ownership (sell) the book. I have read that Disney has the reputation of being extremely aggressive on policing this and suing people, so I think I would create something different for this sale, or get permission from Disney first. You may not think so, but this is really a big deal. Imagine how you would feel if someone else was making money selling derivatives of something original you created. There have even been problems with copyrighted FONTS being used in publication of a book, etc. Only the copyright owner has the right to reproduce the work, prepare derivative works, distribute copies of the work, or perform or display the work publicly. There are alot of technicalities to this, as well. For instance, copyright duration varies: Works created on or after January 1, 1978 are protected for the life of the creator, plus 70 years after the creator's death. Anonymous works, or works made for hire are protected for 95 years from publication or 120 years from creation, whichever is shorter.
Complete information is available at:
Library of Congress, Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
(202) 707-3000
www.copyright.gov
The wheels can grind slowly, though. It took 3 months for my information to arrive! Best of luck to you!
Pat :
Unfortunately Marion is correct. The fabric is licensed for your personal use only. Selling an item made from the fabric violates copyright laws. However if you are using the proceeds for charity, and not for profit, you may be able to use it. You will have to contact your state copyright office and check with them. You can also ask Disney for permission. Most copyright holders are quite willing to give permission for items being sold to benefit non profit organizations. Good Luck!
Marion :
There is a lot of discussion of this on ebay. Disney maintains that things made of, say, fabric for your personal use is OK, but selling it infringes on intellectual property or something like that. I would write to Disney and ask, as they do protect themselves vigorously (at least on ebay).
Jennine :
I agree with you. If that were the case, none of us would be able to produce quilts with trademarked items. Heck, every designer fabric out there would be un-usable because it's got a copyright. I say Mickey should be 'legal' fabric. Good luck.
Vicki Quint :
I agree.
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