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Old 10-26-2009, 09:31
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Krysia Krysia is offline
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Location: Northern VA
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Default Re: What are the rules for images on bottlecaps?

Originally Posted by mothermayi View Post
Eh. I'm not trying to argue, or be a butthead. :0)

I'm just concerned that first sale doesn't mean what the crafting community would like it to mean!
I know what you mean. I honestly am no expert in law (I'd actually like to ask my parents - both lawyers - about this). As it does seem a bit vague on where right of first sale applies, there will continue to be debate.

The following are the links from the site regarding licensed fabrics, etc., as well as the Disney suit and settlement (Tabberone sued Disney after Disney had eBay terminate their auctions of handcrafted items using licensed Disney material. They were allowed to continue making these items for sale, but could not use Disney graphics to "decorate" their listings).

Disney Suit

Disney Settlement

excerpt from settlement:

2. You represent that you have already stopped and agree that in the future you will no longer make or use copies of DEI's copyrighted and/or trademark characters (or other intellectual properties) in connection with your business except it is understood that you make and sell hand-crafted items from licensed fabric bearing DEI properties and will use photographs, including close-up shots of the licensed fabric used to make the item, as reasonably necessary to show the item for sale in a particular auction and to describe the item as being made from licensed Disney fabric. Also, you will arrange for dismissal of the Lawsuit including any follow up required after you file your request for dismissal.

There are a lot of fascinating cases on this site.

Obviously, this site is not the last word pertaining to this confusing doctrine. The applicability of right of first sale will continue to be debated, but it's nice to know that there are precendents from previous suits, that are in favor of purchasing licensed material for use in the resale of handcrafted items.
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