Some Hard Sew and Sell Truths about Fabric Copyright
I know my way around copyrights and trademarks whether some of my video watchers want to believe me or not. I recently posted a video about what fabric you can and can’t sell LEGALLY and wow what a ride some of the comments were!
It’s important to me to stay on the right side of the law because:
(a) it’s good karma and
(b) Disney, Marvel, TV shows and movies have a lot more money for attorneys than I do and I simply don’t need that stress in my life.
I also believe that the person with the most money for attorneys usually wins.
DISCLAIMER: I am not an attorney so this is not legal advice but my understanding of copyrights from 21 years in the art licensing industry.
When in doubt, reach out to the manufacturer or an IP attorney. (Jump down to a Q&A with an IP attorney) Tara Reed Designs shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content available on this channel.
My "whoever has the most money for attorneys wins" story
I once had a big Canadian retailer sell a TON of products with both my art and handwriting on it and I got paid NOTHING.
A factory in China told them it was fine to use. (It wasn’t.) It became a 3 continent battle and guess who spent nearly $6,000 on attorney fees and walked away with nothing? Yep – me.
I almost walked away from licensing my art I was so disheartened and disgusted. But I couldn’t figure out what I’d rather do so I had to let it go.
Fabric copyright isn’t about “corporate greed” or them “not wanting free advertising” – they don’t need the free advertising and they have to protect the companies who pay big money to have exclusive rights to make and sell items – many made from fabric.
Here is a good litmus test:
If something is going to sell because of something someone else created (like Harry Potter, Bluey, Paw Patrol, Marvel, etc) – then it is THEIR intellectual property and you are risking legal issues.
It’s tempting – I GET IT.
People do it all the time – I KNOW.
Many get away with it – IT’S A CRAP SHOOT.
But some get caught and lose their businesses and a lot of money. Is that something you want to risk?
Watch the video below where I wander through a Michael’s Store and show you different wording that is used on fabric selvage to let you know that when you buy the fabric, you are only allowed to use it for yourself or gifts, not commercially. Once any money changes hands, you are on the wrong side of the law.
An IP (Intellectual Property) Attorney weighs in
Jump down to a Q & A with Kyle-Beth Hilfer, Esq. who graciously agreed to answer some questions and clear up some confusion on this topic.
Fabric Copyright can feel confusing, but it doesn’t have to derail your sewing business. Learn a simple, practical approach to reading fabric selvage, spotting what you can legally use for products you sell, and avoiding the designs that can get you into trouble. This guide gives clear rules of thumb and easy steps so you can make confident choices at the fabric store.
WHERE TO START: The Easiest Place to Check
The quickest way to determine whether a fabric is safe to sew and sell is to inspect the selvage (the printed edge). Manufacturers almost always include licensing and usage information there. Look for phrases like “for non-commercial home use only,” “licensed by,” or “unauthorized use prohibited.” If it says anything limiting commercial use, treat that fabric as off-limits for items you plan to sell.
RED FLAGS: What to Avoid
Some prints are obvious no-go items. Generally, avoid any fabric that features:
Movie, TV, and character artwork (Marvel, Harry Potter, Star Wars, Mickey Mouse, Peanuts, etc.)
Professional sports logos and team marks (NFL, MLB, NHL team trademarks)
Licensed brand patterns that explicitly state they are for “individual consumption” or “non-commercial” use
These designs are protected by copyright and possibly trademark(s). Many manufacturers must license the artwork at high cost and explicitly limit distribution to personal use. Using them on items you sell can result in cease-and-desist letters or other legal action.
Examples of what the selvage might say
“Trademarks and copyrights used with permission of Major League Baseball Properties”
“Pattern is licensed by the NFL… This is for individual consumption only. Any unauthorized use is prohibited and illegal.”
When you see wording like that, don’t use it in things you sew to sell. Even if the fabric is available in a big-box store, the license may explicitly forbid commercial use.
WHAT YOU CAN USE: Safer Categories
Not all novelty prints are restricted. Look for more generic designs that do not reference a specific media property or trademark. Safe-to-sell categories typically include:
Generic icons and motifs (unicorns, cars, animals that are not character-specific)
Floral, geometric, stripes, dots, and other pattern designs without licensed artwork
Holiday or seasonal themes that are original and not tied to a franchise
Even with these, always double-check the selvage. If it says “home use only,” it’s still off-limits for sold products.
And just to keep it clear as mud, just because it doesn’t have a warning on the selvage edge that says “home use only”, doesn’t mean you’re necessarily off the hook. The risk is just lower.
A PRACTICAL SHOPPING CHECKLIST
Pull the fabric and read the selvage edge before cutting.
If the selvage mentions a license holder (Disney, NFL, MLB, etc.), mark it as not for sale.
If the selvage is blank or unclear, check the manufacturer’s name and look up their licensing policy online.
When in doubt, contact the fabric manufacturer or avoid the print for commercial products.
BUSINESS SAVVY TIPS
Don’t copy others’ risky shortcuts. You will see many sellers using branded fabric. Some will slip through without consequences, but others will get legal action. Protect your business and peace of mind by choosing licensed-safe materials.
Document your sourcing. Keep receipts and photographs of selvage edges for items you sell. This helps prove due diligence if questions ever arise.
Consider original or royalty-free designs. Commission an artist or buy fabric from designers who explicitly grant commercial use.
FINAL RULE OF THUMB
When it comes to Fabric Copyright, the simplest rule works best: if you recognize it as a character, logo, or specific franchise, do not use it for items you sell unless you have written permission.
Stick with generic, original, or clearly licensed-for-commercial-use fabrics and you will lower the risk of headaches while building a sustainable business.
Making smart fabric choices keeps your shop legitimate and protects your long-term reputation. Sewing and selling should be joyful and profitable. Let good karma and sound business practices guide your fabric picks.
Q & A with Kyle-Beth Hilfer, Esq.
For over thirty-five years, Kyle-Beth Hilfer has provided legal services to advertising, marketing, promotions, intellectual property, and new media clients. Kyle-Beth’s hallmark is her ability to integrate her clients’ business goals into practical, innovative legal solutions.
I have had the pleasure of getting to know her personally and interviewing her on topics related to artist’s copyright and trademark issues in the art licensing space.
THANK YOU for contributing your expertise to this conversation and market Kyle-Beth!
For more information contact: Kyle-Beth Hilfer of Hilfer Law in New York – http://www.hilferlaw.com
First Sale Doctrine
QUESTION: Can you give us a quick lesson in what “First Sale Doctrine” is and how it would apply to fabric, sewing and selling?
A comment on the video read:
From another lawyer: The “first sale doctrine” is the legal doctrine that protects the items that you make from copyrighted fabric and sell. Under the first sale doctrine, a copyright owner can enforce its rights the first time it sells an item. After the first sale, the item enters the stream of commerce, and the copyright owner’s control ends. With copyrighted fabric, the first sale occurs when the copyright owner licenses or sells its copyright to the fabric manufacturer. When you purchase the fabric from a fabric store, your purchase is a subsequent sale that the copyright owner cannot control.
ANSWER:
Kyle-Beth Hilfer: First, I note that my responses are for educational purposes only. They do not constitute legal advice or create any attorney-client relationship. Anyone considering selling products made from copyrighted fabric should consult with an attorney licensed in their jurisdiction about their specific circumstances. The First Sale Doctrine allows the owner of a lawfully made copy of copyrighted work to sell or dispose of that copy without the copyright owner’s permission. In the context of fabric, this doctrine means that the owner of fabric that is subject to third party copyright protection can resell the fabric itself.
There is a critical distinction, however, between reselling the fabric and creating and selling a new product with the fabric. The doctrine protects only the fabric’s distribution, not the making of new commercial products.
Courts have generally held that the First Sale Doctrine does not shield against commercial exploitation of copyright materials incorporated into new products.
The original copyright owner of the fabric still retains exclusive rights to create derivative works and publicly display the copyrighted work.
Consequently, if the sewer purchases the fabric and creates a product for sale using that fabric that could be considered a derivative product under the copyright law. The new product would also be publicly displayed in the process of sale.
The sewer should not depend on the First Sale Doctrine for automatic protection.
Are Disclosures Enough?
QUESTION: Can someone legally protect themselves by putting a disclaimer on a website or tag?
One commenter wrote:
I have read from lawyers weighing in on this issue that if you’re going to sell crafts made with these fabrics, that you need to advertise on your table or include a slip that plainly states “Product not licensed or endorsed by XYZ organization.”
ANSWER:
Kyle-Beth Hilfer: If the sewer includes a disclaimer that indicates the newly sewn product is not licensed or endorsed by the copyright owner, that may help in determining whether any copyright infringement is willful for purposes of enhanced statutory damages.
A disclaimer does not however create a safe harbor or protect the sewer from legal liability under copyright law. A disclaimer may be more helpful in the context of trademark infringement (a completely different legal theory), provided that the disclaimer is clear and conspicuous and the underlying use does not create a likelihood of confusion in the marketplace.
What else do you think we should know?
QUESTION: I know this is very general but since you have so much experience in Intellectual Property Law, what do you want people to know and understand?
ANSWER:
Kyle-Beth Hilfer: The issue of whether the seller has created a derivative work that violates the copyright owner’s exclusive rights is fact specific.
In addition, different courts across the country may evaluate that question differently.
My commentary here is general in nature. Specific facts could lead to a narrow application of the First Sale Defense.
Generally, however, the sewer should not assume the First Sale Doctrine will apply. Even if the product is not seen as a derivative product based on certain specific facts, there is still the exclusive right of display that could create liability as well.
In addition, there may be trademark liability if the new product creates a likelihood of confusion in the marketplace as to the source of the goods.
5 Comments on Fabric Copyright Demystified: How to Sew and Sell with Confidence
I pray and trust that you are having a wonderful day thus far.
Thank you very much for taking your time to generously share information you have gathered both from personal experiences and from interviews with lawyers ( and you put pictures too 💕)
I have learnt so much that has been compressed in a very easy-to-read and understand format. ( It was my first time seeing the word ‘selvage’ 😅). God bless you for this work. Feel much appreciated and honored.
I’m so glad you are finding the information helpful – happy sewing!
Great article and full of valuable information! However, I’m still a bit confused. I have some of the typical “motif” fabrics you mentioned, but on the selvage is printed: “All Rights Reserved,” or just a copyright symbol, with no indication for not for non-commercial or home use. Does the prohibition on these fabrics still apply? I feel like our choices are very limited, which is discouraging for some of us crafters.
It’s confusing because there are so many variables like juristiction of court, what a property owner chooses to do legally, etc. My personal rule of thumb is this: if the main reason someone would buy something is because of someone else’s intellectual property like a tv show, book, movie, etc. then I’m not touching it. The motif fabrics you mention are more confusing. My fabrics all have my © on them b/c it’s my art but people can make as sell physical products using my fabrics. So basically it’s clear as mud and you just need to decide where your personal line is.
I appreciate your explanation and advice! I’m a newbie when it comes to fabric crafts, so I’m learning as I go along.
You nailed it when you said it’s as clear as mud; based on everything I’ve learned so far from various sources, that about sums it up. I’ll definitely steer clear of popular media and sports themes- especially “the mouse,” yikes!
The irony (to me anyway) is that all those fabric companies would probably go out of business if it weren’t for crafters. If only they were as generous as you are with your fabrics!
And now I’m heading over to your shop!
Thank you again, Tara!