First Sale Doctrine

I have been reading on some Etsy forums and seeing the back-and-forth bickering of people who are not 100% informed telling everyone else they are wrong and how they know best.  What's funny is most of these opinionated folks don't even sew things, but re-sale vintage items.  I've done a lot of research because I sew purses and lanyards, and a few other things from licensed fabric and I do sell them.  Looking at this logically, why would anyone buy licensed fabric to begin with, unless they were only making it for friends and family?  And if that was, in fact, the only reason to buy this fabric, Millions less would be sold, and the companies making the fabric would severely lose out.  All you have to do is Google any sort of licensed fabric and you will see a lot of items, handmade, not mass produced, for sale.

My favorite resource to explain how it is LEGAL to sell an item made from a fabric that is licensed, is Whatthecraft She basically points out what the First Sale Doctrine means, especially when it comes to buying a pattern and selling what you made from that pattern.  Fabric is the same, even though some companies would rather have you believe that when you try to sell that cute child dress from their licensed Minnie Mouse fabric is violating some law, it isn't.  But she does warn that is you list these items on Etsy, they will more often than not take your store or items down if there is a complaint, even if it is unfounded

Direct and simple quote from another Blog  called "DearRichBlog" that tell sit like it is to those naysayers:
"Thanks to the first sale doctrine, if you bought copyrighted fabric, you're free to make it into a product and resell that product. You're also free to photograph that product and reproduce that photo as part of an ad when selling the item. A disclaimer won't hurt but it's not required.
What about the statement on the fabric? The statement -- for personal use only -- is wishful thinking on the manufacturer's part. Unless you affirmatively agreed (signed something, clicked "I Agree" or made some other indication of assent) at the time you purchased the fabric, such a statement would not be binding on you.
What you can't do ... If the fabric is an infringement, that is, an imitation made without permission of the manufacturer, you'll run into problems. In that case, the copyright owner can stop your uses whether you knew or should have known it was infringing. You may also run into problems if you create fabric from found imagery that is still protected under copyright. In that case you're infringing the image owner's right to create derivatives."
And the best site I have found with extensive information is Tabberone.  They even openly call out those same opinionated Etsy posters.  To quote their site:
"First Sale Doctrine:  When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric. What we find disturbing is that there are so many people who want to believe that a pattern manufacturer or a fabric manufacturer has the right to tell you what you can and cannot do after you buy their product. It just isn't so. Imagine if General Motors tried to tell you where and when to drive a vehicle you purchased from them. Would you listen to them? Of course not!"

So, yeah, if anyone give you a hard time, and they just may, but likely won't remind them that the First Sale Doctrine gives you legal permission to sell an item made from a pattern or licensed fabric. Some say you should post or make it clear by having a disclaimer, but legally, you are not required to, so you can if it makes you feel better about selling your item.

I posted this info mostly for me so I could keep an easy way to pull up these resources if anyone asks, but I also felt in necessary to share since I keep seeing so much wrong information out there.  If after reading all these resources you are still not sure and are concerned about this, you should talk to a lawyer.


I am in no way a lawyer or giving anyone legal advice!  I am just citing some sources to try to raise awareness in the ever growing world of selling handmade goods.  Do not take my word for law, and do your own research, and if all else fails, consult a lawyer.