:: November 17, 2006

More on Fabric and The Man


Hello Kitty. Turns out you can make things and sell them from fabric bearing licensed characters.

My previous posts here and on Whipup about fabric legalities garnered lots of interesting comments. People are all over the map with their opinions. One new thing I learned:

I assumed that fabric printed with licensed logos/characters were in a special class and of course you can't resell items you make from it, but what do you know? I was wrong. One commenter pointed to Karen Dudnikov of the company Tabberone, who has successfully fought against numerous corporate behemouths over this very issue. Companies such as Precious Moments, Major League Baseball, Disney, Sanrio, and M&M/Mars have forced eBay to shut down her auctions because she was selling products made from fabric with their licensed whatevers on it. Check out this audio interview, this article, and this article. Also see her own page detailing the legal battles she has had.

Karen Dudnikov has actually been pointed out as an example in the comments before, plus she wrote her own comment following my first post on fabric and copyright. Sorry for not putting two and two together earlier -- I guess it's because the issues involving copyright, licensing, and trademarks are so confusing and I was trying to separate out the trademark issues at that time.



Then and now ... the vintage source (left, from Tumbling Blocks) and the reworked Amy Butler fabric (right)

Also, Amy Butler's response on Quilter's Buzz to the controversy surrounding her Chrysanthemum design (within her new line Belle) has been out there for a little while now. Have you read it? Very interesting. I am intrigued by the documentary swatch houses she mentioned. Now that's the business for me. Anyway Amy Butler says that these houses "make sure" that the designs are in the public domain. Hmm -- I wonder how these places are able to do that, and if they really exclude designs of unknown origins. I also wonder whether "make sure" means "we will take the legal responsibility if the design turns out to be protected by copyright"? I don't mean to sound accusatory, I'm just curious! But I still don't think it's smart or cool to restrict product sales, which, keep in mind, Amy Butler is still doing to those who buy her fabric wholesale.

Shortly before that post, Liesl of Disdressed wrote a great post about the Amy Butler affair. It appears that the fashion and fabric industries have always been quite cavalier about lifting or re-working vintage designs. The practice doesn't seem to have bitten anyone in the ass -- yet -- any maybe it never will. As I responded to her post, just because it's done all the time doesn't make it ethical or legal, but my uppity righteousness on this issue is very much at odds with my desire to see more vintage inspired and vintage repro prints out there on the market.

posted by in Fabric

 

Comments

Another interesting and thoughtful post about this issue. Thanks so much for writing this all up- there is so much we all need to know!
Limiting use for fabrics continues to baffle me- how does it work if someone buys fabric from a reseller and the "user agreement" edge of the fabric has been cut off?

Posted by mimi K on November 19, 2006 9:13 AM
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These posts have been so interesting. Thanks for your investigative journalism into the world of textile copyrights!

Posted by suzee on November 19, 2006 10:40 AM
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This debate has been interesting - there are so many prints out there that keeping track of them in perpetuity seems impossible. I buy fabric for work (a garment manufacturer) and there are these great print houses in LA (and I'm sure elsewhere) with massive print libraries that they can convert to any fabric, scale and color scheme. I never really wondered where they got their prints though...hmmm...

Posted by Sil on November 19, 2006 12:03 PM
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oh kim-thanks again for following up on this very interesting and important issue. I know from my experience working in commercial interior design industry that vintage rugs, fabrics, furniture designs were all fair game for "inspiration" and I think that most people would faint at what a designer copies and passes off as their own-but it's not looked down upon in the industry, which I know sounds weird. It's more like that talent is assumed (if it's there or not is not always clear) and really you are being hired for your taste. That's the bottom line. And I think that is so true for many of the fabric lines we are discussing.

anyhoo-I think the more is written about this the better. I do stand by original and first opinion that unless the fabric is available to the trade only (wholesale only) there should be no restrictions on it's use. The person paying retail for fabric should be able to do whatever they want with it. I think selling retail and trying to restrict usage is having ones cake and eating it too-and not cool.

Posted by amy k. on November 20, 2006 12:14 PM
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I completely relate to your feelings about the issue. I really do like having access to all the reproduction fabrics, but I think I like that I KNOW they're reproductions and not being passed off as someone's original design. Although, that only seems to be an assumption those of us outside the industry have.

Posted by mary on November 22, 2006 10:58 PM
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i havent read up on all of this info yet but it seems to me i wouldnt mind the amy butler situation so much if she allowed her fabric to be made into something and resold. i also think i would have loved the fabric more if i had known it was a reproduction but at this point i feel very disappointed in her and the whole situation.

Posted by leeanne on November 23, 2006 12:12 AM
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Thank you for continuing the conversation Kim. I'm listening, still thinking.

Posted by Alicia P. on November 28, 2006 11:10 PM
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Just posted a little design funny-funny myself, but with knitting:
http://ambercake.blogspot.com/2006/11/vamp-and-re-vamp-were-sitting-on-fence.html

Posted by Amber on November 29, 2006 4:41 PM
..................

I hope my note finds everyone well,I wanted to write in hopes of clearing up a lot of misunderstanding. Thanks for taking timeout to read my letter.

I have some positive changes on my web site faqs that I'm very happy to share! These changes have been in place for a fewweeks but I don't think a lot of folks know about it yet . First I'd like to say how thankful I am that open forums like this exist where we can all talk to each other.

I know there has been a lot of continued concern about the use of my fabrics. I've received several emails and I want you to know that I care deeply about what my studio does and how it effects other people. It's been step by step, but I feellike we have finally landed in the place we need to be. I apologize that it's not been clear cut which is the unfortunate result of our trying to figure things out. Our previous faqs were about trying to keep the fabricsspecial for niche retailers and sewers. This was not decided with the fabric companies for financial gain,in actuality, a lot less fabric was sold. We were trying to preventover-saturationin the market place amonglarger manufacturers. In the end these efforts proved to be too complicated.It's been a very significant anddifficult learning process and I'm sorry that we did not respondfaster.

I regret that our faqs have caused so much disruption and I am truly sorry for the difficulties this has caused. It was never my intention to harm anyone's business, and I mean this very sincerely. We try our best to make the right decisions, yet sometimes the best solutions remain elusive until you can see the whole picture.

Moving forward the good news is my fabrics are now completely available in any form that makes sense for you, and that includes being able to buy my fabrics wholesale for manufacturing.

I know the selvedge on my fabrics reads " for Non- Commercial Use Only " but that will be removed in future printings of my material. The " for Non Commercial Use Only "is not in effect, so it's totally ok to use those fabrics at any time. Please visit my web site www.amybutlerdesign.com to read the full faqs and if we've left any questions un-answered, please let me know, it's very important.

I also wanted to share my fabric design process and I've added a link to Quilter's Buzz so you can read all about it.
http://www.quiltersbuzz.com/2006/11/post_77.html

Please know that I want everyone to be successful and enjoy what they are doing. I'm continually flattered and humbled by the interest and enthusiasm in people working with the fabrics I design! There are no more roadblocks for any of us, and here's to moving forward in peace and doing what
we all do best.

I wish everyone the greatest joy in their creative endeavors and business! If I can answer any other questions for you, please write to me.

All My Best,
Amy

amy@amybutlerdesign.com
www.amybutlerdesign.com

Posted by Amy Butler on December 4, 2006 1:31 PM
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Thought of this debate Saturday when I saw some Xhileration handbags at Target that included fabric knock-offs of both Denyse Schmidt and Amy Butler designs...the colors and scale were slightly off but clearly copies.

Posted by jenny on January 8, 2007 1:26 PM
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Sorry, comments are closed for this entry. You can always email me through the address on the right sidebar.
My other site, The Excitement Machine

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