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New product--1' circle punch/paper shaper for bottle cap picture
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turtle embellishments--ribbon sculpture

skull rockabilly grosgrain ribbon

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Old 10-25-2009, 08:30
Krysia's Avatar
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Default Re: What are the rules for images on bottlecaps?

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Originally Posted by kaneohegirl View Post
yep I know but I have seen for example disney fabric and on the shelvage edge there is a note of for personal use only not for resale...

I think they are a bit bogus on these things but yea...
They'll try and discourage it, even if the legal technicalities aren't on their side, but yea, they are a bit bogus
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Old 10-26-2009, 08:21
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Default Re: What are the rules for images on bottlecaps?

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Originally Posted by quinnponders View Post
First sale doctrine does not apply in the case of bottlecaps and the like. For one, the item has to be legally acquired. No one is legally purchasing say a digital photo of Mickey Mouse from Disney. They are being taken from the web, etc. and then made into a bottlecap image.
I know. I was commenting on the portion of the reply referring to purchasing legally licensed ribbon from Walmart.
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Old 10-26-2009, 09:16
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Default Re: What are the rules for images on bottlecaps?

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Originally Posted by Krysia View Post

I don't see anything on that website that relates to cutting up disney fabric and reselling it for a profit. Those cases are all about media...records, books...And even the last paragraph backs up what I said about unaltered...I don't see how that would support me cutting up disney fabric and selling it as a dress, or whatever.

I see the first sale doctrine tossed around so much. I would like to see a case of someone actually using it to fight Disney. Or Sanrio. Or a college...The ones that actually go after the little crafter.

**I read the precious moments one, and in that case they won against someone using their liscensed characters in a bed set....
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Last edited by mothermayi; 10-26-2009 at 09:21. Reason: precious moments
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Old 10-26-2009, 09:23
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Default Re: What are the rules for images on bottlecaps?

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!
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Old 10-26-2009, 10:31
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Default Re: What are the rules for images on bottlecaps?

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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).

http://www.tabberone.com/Trademarks/trademarks.html

Disney Suit

http://www.tabberone.com/Trademarks/...yLawsuit.shtml

Disney Settlement
http://www.tabberone.com/Trademarks/...greement.shtml

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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