Originally Posted by firstname.lastname@example.org
From what I have heard around the craft world- if you buy something you can do whatever you want with it. You would be protected by the first-sale doctrine.Some one shared that Disney had lost a case involving the fabric that they sale the other party was protected by the first sale doctrine.
This is not true. I contacted Penn State's licensing department to ask about this, and they said that I couldn't sell something made with Penn State fabric unless I was licensed. Here is the email thread:
Hi there. I have a small business selling hair accessories online and at a couple of local State College stores. I found some licensed Penn State ribbon and wanted to purchase it to make hair bows; however I am unclear on the policies surrounding using a licensed product to create another item for resale. If I were to used licensed ribbon (or fabric, such as that you can purchase at Wal-Mart or Joann Fabrics) to create a unique item, would it be okay to resell it if I included a disclaimer that stated that the item was created using licensed ribbon (or fabric) but I am in no way affiliated with the University, etc.?
Dear Jennifer: Thank you for your inquiry. In order to become licensed for Penn State you must first contact The Collegiate Licensing Company (CLC), who serves as our licensing agent. They can be reached at 770.956.0520 or you can also visit them online at www.clc.com. They will get you started with the application process, which is the first step to becoming licensed. You will also be required to meet certain insurance requirements and disclose where your products are being produced. Please feel free to contact me if I can be of further assistance or you may also visit our web site at www.licensing.psu.edu. Thank you for your interest in Penn State.
Hi Robin, thanks for your quick reply. So just to make sure I understand this correctly, you must be licensed by the University even if you just want to use an already license product such as ribbon or fabric to create a new product for resale, is that correct?
Yes - that is correct. Let us know if you have any other questions.
I am not messing around with this.
With my luck, I would be the one who gets sued.