They sell licensed fabric with college logos, popular characters, and many more licensed designs, but I heard that a fellow crafter got a cease and desist order the other day? What’s the story? Get an overview of what all this means from Maria Nerius.
When walking craft shows, I cringe a little when I see a handmade Winnie the Pooh plush animal or a quilt with a college logo. These are licensed and trademarked characters or logos and selling them without permission and a legal agreement with the owner of the copyright or trademark is a big No-No for professional crafters. You can end up in big trouble, spending time, energy, and money if you aren’t properly licensed to sell this kind of work. By law, you are taking money out of the pockets of these companies, and when it comes to money, companies can get very serious.
Companies (and some artists) go through a complex and expensive process to copyright and trademark characters, logos, images, and designs. They are responsible for protecting their brands. Disney is famous for walking art and craft shows to make sure none of their licensed work is being used as part of a handmade item for sale. Disney immediately sends out a “Cease and Desist” order. In the end, they can legally confiscate the items and demand for payment from any items you have sold.
It is not worth the risk to mess with licensed designs, logos, or other copyrighted characters. Avoid using fabrics that include professional sports teams, cartoon characters, or branded images like a Coke bottle in items you’re going to sell. As a craft professional, use your own imagination to create — don’t rely others. You can create and trademark your own characters, designs, and logos! If you do want to create and sell items with your favorite college football team or even that silly old bear, contact the proper authority and negotiate an agreement.
Many creative people formally register their works and can then license a design in many ways — from fabric to napkins and greeting cards. It’s an excellent way to round out your portfolio and let a design bring in income for years to come. Have you licensed your work? Let us know your story.
I researched this topic extensively! I was told that when you purchase the material from a fabric store or online, then you are paying the company for the item. You can sell the items to individuals, but not to companies. This is what I was told several years ago and I assume the same is still true, only common sense!
I have found some interesting things about the use and restriction of licensed fabric bought in the public domain. NOTE: I am NOT a lawyer and not giving legal advice.
Often fabric store employees will point out wording regarding the use of the fabric. The wording is printed on the fabric’s salvage.
HOWEVER -There is nothing in federal or state statute that says a disclaimer on the binding of the selvage means anything at all to the purchaser. The purchaser of the items can’t be a 3rd party to the contract between the licensed manufacturer and the owner of the copyright.
To be with in a legal use of licensed fabric, this what I have found based on some of my research into this situation.
A crafter may use the fabric to make items for resale. HOWEVER..(the great however) the crafter MUST do the below to avoid problems when selling items made with licensed fabric.
The crafter must clearly state that their item is handmade with the licensed fabric and the item is NOT a licensed product by that company . AND there must be a disclaimer that says you are not affiliated with the licensing company.
For example …
It’s a quilt with Disney Princess Fabric. It is NOT a Disney Princess Quilt.
The disclaimer should go like this.
” This is not a licensed Disney Product, it is handcrafted w/care from licensed disney material. Sellername is not affilated with or sponsored by Disney.”
NEVER, NEVER, REPRODUCE a licensed or copyrighted image, by painting, drawing, or using any type of copying.
INSTEAD, buy the images. For example- if you use things like stickers use the PURCHASED sticker. Scanning the design into your computer and printing off as many as you want is copyright infringement and illegal.
Thank you so much for your insight!