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Are printed fabrics and textiles copyrighted?
I want to start a business designing and making handbags. However, I do not want to design my own fabrics for the purses. Is it legal to use purchased fabrics from fabric wholesalers and sell the purse under my business name?

Asked by delawj
Posted: Thursday, May 08, 2008  |  Found in Legal Issues


More answers by Nina Kaufman
Answer by Nina Kaufman
Fabrics and textiles are subject to copyright protection. However, before you purchase any fabrics from wholesalers, the wholesalers have (or should have) purchased the design rights from the textile designer. This means that you would be entitled to use the fabric in any way you see fit. If you have concerns about whether a particular wholesaler is selling fabrics with designs to which it has not properly acquired the rights (e.g., a fabric with Disney characters or well-known logos on it), then make sure your bill of sale includes a representation from the wholesaler that they have the right to sell these designs and they they will indemnify you in the event that the designer sees your handbags and sues you for the use of the designs.
Nina Kaufman has a New York City-based boutique law practice and is president of Wise Counsel Press LLC, which produces legal information products for entrepreneurs. She writes the Making It Legal blog and the Business Law Advisor column for WomenEntrepreneur.com.

Note: This response is for your general information only. Be sure to consult with an attorney regarding your particular situation to get the advice you need.


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