material copyright?

[daniels biggest fan]

hi im new here, im just woundering if anyone has some information about copyright on material, what it is, is that im planning on opening my own business in design and textiles, i want my own label, i studied at uni for six years i was told that you have to be careful when buying fabrics, im just abit baffeled by copyright on material as i have to be careful on what material i use eg, florals if i use some fabric how will i know if im allowed to use it even though they sell it i,e laura ashley sells material but i wouldnt be able to use hers on my clothes or curtains and sell them as it would be copyright? could any one explain to me about this, if you have any ideas/info please could you let me know i would much appreciate it

thanks shelley

 

[hussbob]

I don't see how that would be? yes maybe if you were to reproduce the pattern on cloth for yourself but how could buying the cloth and then using it to make a pair of curtains go against copyright? It isn't like your copying anything. Copyright would cover the pattern not the use (unless you purchased cloth and then copied someone else design down to the stiching). The same way buying a CD and turning it into a clock wouldn't be going against the copyright of the CD.

If you were to sell it you wouldn't be able to change the pattern name and stuff but I don't see how you'd be breaking any law.
Maybe worth getting in touch with a textile firm in your area. They could help you more and also tell you how you can go about making your own designs.

 

[princess heart]

I would say that the the best thing for you to do is to talk to the buyer at the shop where you would like to purchase fabric. See if you can obtain an address for each textile company that makes fabric that you would like to use in your designs. Contact them to see what sort of rules they have in regards to the use of their product in commercial settings. If the rules are not what you would care to abide by then you could avoid using their fabric designs. I would almost bet that there are copyright issues that you will need to address.
If you are making something for your personal use, there is no need to worry about if the fabric is copyrighted, but if you are using it in commercial applications you would be foolish to disregard the copyright issue. Sometimes there are limited usages of items that have been copyright protected, sometimes the usage must be paid for and sometimes all that is needed to give credit to the copyright holder. It is a really good idea to ask permission regardless of what commercial use that you intend to use the fabric for. I don't think that there would be an issue for things that were not obviously the work of a known designer, but I would use extreme caution if I were using Laura Ashley fabric or any fabric that has a cartoon character or sports team logo. The company that made the fabric has to pay a fee to produce fabric using those cartoons and logos and the will probably not like to see an individual mass marketing items made from that fabric without a fee being paid to them or to the person they had to pay their fee too. If you made something with Sponge Bob on it, you have to KNOW that someone is going to buy it just because it has that particular cartoon character on it and that will mean that you are earning money using someone else's creation and it is only fair and right that they be compenstated for your use.
Most of what I know about copyright comes from the angle of creative writing, but it is basically the same as it would be for the fabric or art or music... the rule to thumb that I recommend to the members of my writing forum is that if you didn't create it, ask permission before you use the material in an article or story. Copyright law is tricky and difficult to understand, if you are going to go into business in a big way, you would be doing yourself a favor if you located an attorney who understands copyright law and at least see if there is a possiblity to get an appointment for a free consultation, many lawyers will do that for a prospective new client.
If you wish to earn a living in design, just keep in mind that one day things that you worked hard to create will be out there and people could copy from you and earn money from your hard work. Copyright is designed to prevent that. You would protect your work just the same as Laura Ashley and Sponge Bob are protected.