View Single Post
  #19 (permalink)  
Old 05-15-2010, 11:16
rachie2531's Avatar
rachie2531 rachie2531 is offline
Senior Member
Join Date: Jul 2009
Location: Alabama
Posts: 758
Default Re: Pattern copyright laws, just FYI

Even in the website posted, the way it is explained, if someone is selling the images to be applied to jewelry or crafts, you are using them within the legal limits of what they are sold for. Again, it looks like a matter of your own interpretation of the law. Also, I dont think I have seen one bottlecap image that would be considered a handdrawn work of art which the law says is considered "artwork". Most of these etsy sellers are just pulling stock graphics or online images and arranging them, which wouldnt be considered artwork in the courts eyes sadly. I know its hard work but reasonably speaking, its not handdrawn or original if its just a compilation of things they found or traced from wallpaper or anything else. I dont do bottlecaps or images and if I did, I would take the disclaimer of not reselling about as seriously as I do fabric patterns or other things stating "do not resell anything made with this" Unless they have a registered copyright or trademark on EVERY image they have made which is VERY doubtful. If you have ever looked into the process, price, and details of obtaining these, you would know it would be impossible for a crafter to do this just because of the expense. I would say out of respect dont resale if asked not to but if someone does, its their choice after the sale what they do with it. JMO... Which usually doesnt mean much. I would read up on it if you have something your wondering about. Also, Our lawyer gives free consultation and many others do. Take what you bought and show it to them and see what they think. I have done that with a few things. Not one time has he told me it would be best not to use. Even with licensed fabric and pictures, he said they can be used but you cant use that fabric of team photo to promote the sale. 99% of the time noone will say anything but if your that person that gets caught then you decide if its worth it. They dont come and throw you in jail. You get a warning with plenty of time to pull the merchandise if they are within the legal rights to ask you to do so. Only a lawyer can tell you if they are so I would just consult a lawyer if you need one.
Reply With Quote