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Old 04-16-2012, 08:38
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Jaykrusen Jaykrusen is offline
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Join Date: Dec 2011
Posts: 259
Default Re: Selling licensed inspired bows

Using the word "Inspired" does not make it legal. Buying the fabric or printed ribbon does not make it legal either. Most Licensed printed fabrics and ribbons are for "Personal" use.

The items listed on Ebay and Etsy are there by luck. If Disney wanted to employ people full time to search these sites you would see a lot of people getting their items taken down. Also, just because you don't put in the words Mickey Mouse, and have a black mouse silhouette, doesn't make it legal. If it is close enough for people to recognize it as MM, then it is an infringment because...

"Copyright infringement is the unauthorized use of works under copyright, infringing the copyright holder's "exclusive rights", such as the right to reproduce or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works.

"derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work."

It's a crap shoot. If you are lucky it stays up, if is because...
"The enforcement of copyright is the responsibility of the copyright holder."
Can you imagine the manpower it would take to track everyone down on the internet??? So it is down randomly.

Same with Craft shows. Most don't care, but some Juried Craft shows will make you pull licensed products.

And like posted above, If you recognize the character, it's copyrighted.
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