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Old 08-10-2008, 01:22
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jennygoff jennygoff is offline
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Join Date: Aug 2007
Location: Texas
Posts: 773
Default Re: hand painting licensed disney images

Originally Posted by yellaribbon View Post
Absolutely incorrect.

You may not make a finished product with any licensed image and sell it.

I recently called the manufacturer of college ribbons. I asked about making bows with them because I was thinking of reselling the ribbons. He said you may buy the ribbon and resell the ribbon as is. You may not make a finished product, a bow for example, and sell the product. So anyone who buys the ribbon from me may not make a bow and sell the bow. He said you would have to have the license from each school for that.

Same goes for any copyrighted, licensed, trademarked image. I see a lot of people here selling bottlecaps with licensed images, mostly Disney and Nickelodeon images here. It is a copyright infringement.

The original question was about painting something for home use. I am not sure about hand painting an item. I would guess that is also an infringement. But you may make items for personal use with fabric, ribbon, etc. with licensed images. For example, you buy fabric with Cinderella. It will probably say somewhere for the home sewer only. It is for your personal use. That's why the sewing machine has the image. It is for your use, not to sell.

Same with cake pans. You can make that cake as many times as you want for your children as long as you don't make a cake and sell it.
Actually, this is also incorrect. Once you purchase, it is yours to do with as you please. Tabberone has won numerous lawsuits regarding this issue....

Look here:

Tabberone. Great fabrics and collectibles.

Tabber's Temptations ™ found it necessary to take "Da Mouse" to court in the Federal District Court for Colorado, alleging that Disney interferred with business by terminating auctions by Tabberone that were selling fabric items made from licensed Disney fabric. Disney has agreed in writing to leave us alone. CLICK HERE for details of the case and many others. Bear in mind, we represented ourselves entirely in this case. We received no help from any attorneys

"The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
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