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What are the legalities of using printed fabric on my own tshirts?



 
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Old August 2nd, 2008 Aug 2, 2008 6:04:27 AM -   #1 (permalink)
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Default What are the legalities of using printed fabric on my own tshirts?

Hi this is my first post and I have to say this forum is great. I am from Australia and am looking to start own screening and patching tshirts for babies and toddlers. My question is with patching (meaning sewing a patch of printed fabric onto tshirts) What are the legalities on using a piece of printed fabric I like and sewing a patch of it onto my tshirts? Not sure if I have to ask permission to use their fabric but some of the printed fabric may be purchased from various places and they do not know who made them just where it was made say China. Any help would be greatly appreciated. Thanks Jac.
 
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Old August 2nd, 2008 Aug 2, 2008 6:37:54 AM -   #2 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

If you buy fabric with a Disney charecter on it someone has paid a fee to use that image. You can use the product as you want. I have sold "do rags" made out of material printed with the Harley Logo and went to some big swap meets and never had any legal issues. ..... JB
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Old August 2nd, 2008 Aug 2, 2008 6:40:32 AM -   #3 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

Hmmm. That is an interesting question and honestly I don't know the answer ... but wouldn't it pretty much be the same as taking different fabrics and putting them together to make a quilt and then selling it? If so, people do that all the time.

Now, if you're talking about cutting a logo off a shirt and putting it on your shirt I would think that would be a different story.
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Old August 2nd, 2008 Aug 2, 2008 6:45:18 AM -   #4 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

Thanks I wasn't looking to use disney or any well known printed fabrics. I was just going to use printed fabrics I like form various shops and on the internet. I also wondred if anyone had used iron on patches before on their shirts and if they were just say a guitar and no names would that be ok? Thanks for you input.
 
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Old August 2nd, 2008 Aug 2, 2008 7:14:44 AM -   #5 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

Another issue to consider is safety, especially flammability. If you add any material to the garment that could increase it's chance of burning, then you MAY open yourself to huge liability. I know childrens garments in the USA are constructed to have minimum flammability, so attaching another piece of material has has not been tested, or may be suspect to be highly flammable, could alter the entire garment, and therefore make you libale for any injuries that may occur by you altering the garment. I know it's probabality a long shot that anything would ever happen, but may want to check laws in your country.
 
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Old August 2nd, 2008 Aug 2, 2008 8:08:16 AM -   #6 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

This issue has come up in the Fashion Incubator forums. You should contact the fabric manufacturer to inquire about the usage. I know some "fashion" fabric designers like Henry Alexander, etc. do limit the usage of their products. If you can't find the manufacturer, ask the store where you bought the fabric.
 
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Old August 2nd, 2008 Aug 2, 2008 8:15:11 AM -   #7 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

This isn't legal advice, but there is a website that discusses use of printed fabric on t-shirts that I found interesting.

Read this: First Sale Doctrine

And this: Tabberone's Trademark & Copyright Page. (they actually defended themselves several times in legal situations)

Warning, you may find yourself reading on that site for several hours before you know what happened
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Old August 2nd, 2008 Aug 2, 2008 8:28:38 AM -   #8 (permalink)
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Default Re: What are the legalities of using printed fabric on my own tshirts?

Thanks for your reply just another thought if you don't mind also. Buttons in different designs say bats or skulls etc does anyone know about the useage of these items in my designs? As well as sew on/iron on patches of pictures of guitars etc. Thanks so much for your imput it is very much appreciated. Sound like there is a lot of experience here.
 
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