Wednesday, April 4, 2012

Individually consuming

Remember the flying geese I made for the sixteen patch borders and never used? No, me neither, until I found them in one of my boxes-o-crap at the back of the cupboard. We seem to be having an explosion of fecundity at work with wall-to-wall pregnant bellies SO I decided to use the un-loved flying geese to make a wee baby quilt for one of the mums to be.

Gender-neutral, they are all either not finding out if they're having a boy or a girl, or not telling me. Still to be quilted but I did find some very cute little fishies to put on the back.

I have been following the Kate Spain threatening to sue Emily Cier for copyright breaches with an enormous amount of interest - since the beginning when Emily, quite politely I thought at the time, shared the problem of being threatened without naming the designer. My sympathies are firmly with Emily - I think Kate has lost the plot a bit. I also think that if the matter had been litigated, Kate would have lost. The picture she was objecting to was primarily of Emily's quilt, not Kate's fabric. The most sensible discussion by far is over at Leah's blog, where she is basically saying that even though both points of view are arguable, the potential lawsuit has done irreparable damage to people's confidence in using recognisable designer fabrics in their own cottage industries. And that is really bad.

Anyway, as I was slicing away on this baby quilt, I saw something I'd never seen before! This phrase on the selvedge.

With my lawyer's hat on, this drives me nuts. Firstly, what does it mean? What is individual consumption exactly? I'm not going to eat it. Secondly, I bought this fabric off the internet with a picture that didn't include the selvage. Can it genuinely be part of the condition on which I bought this product if I didn't know about it? Thirdly, how does a retailer or on-seller fit in? Making thousands of kits with this fabric, is that allowed? If I re-sell on e-bay and someone else uses it for non-individual consumption (whatever the hell that is) do I have any liability? I know that this clause can never be enforced, and that putting this on the selvedge does not actually add to the designer's copyright ... BUT there is so much drama around this that if I was wavering between two bits of fabric, I would avoid this one because of some vague fear that it might cause me trouble in the future. Isn't that silly?

2 comments:

  1. check out Thomas's blog on copyright .He explains it cleary & concisely.

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  2. I thought the link would come up but it didn't, the Thomas I'm referring to is Thomas Knauer.

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