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Old 05-15-2010, 09:59
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rachie2531 rachie2531 is offline
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Join Date: Jul 2009
Location: Alabama
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Default Re: Pattern copyright laws, just FYI

Originally Posted by unbrokendreamz View Post
what about people who make bottle cap images that hand draw them/create them on the computer? some sellers say bottle caps can not be sold with their images on them.
They can tell you 100 times not to sell them but ultimately looks like legally they cant make you do anything. Unless they have a registered copyright but even then,you are using the image within limitations of what you bought them for. Even with a copyrighted image or trademark, there seems to be little they can do. Their copyright or trademark is on the image not your finished product. You are not selling their image, you are selling a handmade product with the image applied. Looks like you have to word your description when you sale properly to protect yourself {not entirely} but make sure a reasonable person understands that you are not selling the licensed image but your selling a handcrafted product made by yourself with materials you purchase. Just like premade stencils or other craft supplies all say you cant use commercially or reproduce for items to sale but do you think they would refuse to sell you a product at Joanns or Hobby Lobby if you say your going to resale at the checkout line? No. And it would never go to court because your using the stencils or craft supplies within reasonable limitations of what they are sold for.

AGAIN I WILL SAY PLEASE RESEARCH BECAUSE THIS LAW IS VERY GENERAL. Some bigger companies may go after people but as far as it going past a cease and desist letter, I doubt it. Read for yourself. Sell what you want. If you ever recieve a letter, do your research. If its a big company, then it may not be worth selling anymore just to avoid the trouble but with some of these Etsy shops and individuals that are just trying to scare other competition away, I dont know that I would really give them a second thought.

Thanks OP on this because I have been meaning to read up on this for a while but I never had the time. I stayed up late last night looking everywhere online and found some very useful information.
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