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  #21 (permalink)  
Old 05-15-2010, 12:32
rachie2531's Avatar
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Default Re: Pattern copyright laws, just FYI

Quote:
Originally Posted by TheMonkeyBoutiqueq View Post
I wondered about this myself, I purchased some images a montho ago or so. I didn't read the terms of use before purchasing, that was my first mistake. But when I received the PDF file in the body of the email it said :
You may use these for small commercial use with some restrictions.

Use covered under the terms of use:

Bows
Complete pieces of jewelry
Cards
Scrabook Pages
Magnets

Uses NOT Permitted:

Bottle Caps for re-sale
Scrabble Tiles for re-sale
collages (printed or digital)

So if I wanted to detash my finished caps I couldn't.
Cant legally be forced not to resell unless she has a copyright or trademark on ALL of the images. Take a look at any website and read the law, and that is what it will tell you. Just saying something doesnt make it true or enforceable sadly.
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  #22 (permalink)  
Old 05-15-2010, 12:45
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Default Re: Pattern copyright laws, just FYI

Here is were they get ya. Disney has a trademark inserted on basically ever item under the sun. If you look at the long list of products that you can't use under the trademark it is basically states everything including tatoos and things. Scary.

Etsy is classic for violating their own co. laws. If you read their c terms it states that a company must send them via mail or fax the actual document before they will pull the item. Since the company is sending the actual document to them they should be noticed that EVERYONE that carries this product is in violation. What they try to state is that they don't see everyone which is horse poop and that you must state who the people are. I would assume that is taken to court over this it would be easy to prove that they are profiting from Disney, Hello Kitty and everything else because they are collecting fees off ever item sold. while I think it is a personal choice and I don't care I think it is crap for some people to get their stores closed while others are showcased on the front page with that same item.
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  #23 (permalink)  
Old 05-15-2010, 01:20
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Default Re: Pattern copyright laws, just FYI

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Originally Posted by weesewcute View Post
Here is were they get ya. Disney has a trademark inserted on basically ever item under the sun. If you look at the long list of products that you can't use under the trademark it is basically states everything including tatoos and things. Scary.

Etsy is classic for violating their own co. laws. If you read their c terms it states that a company must send them via mail or fax the actual document before they will pull the item. Since the company is sending the actual document to them they should be noticed that EVERYONE that carries this product is in violation. What they try to state is that they don't see everyone which is horse poop and that you must state who the people are. I would assume that is taken to court over this it would be easy to prove that they are profiting from Disney, Hello Kitty and everything else because they are collecting fees off ever item sold. while I think it is a personal choice and I don't care I think it is crap for some people to get their stores closed while others are showcased on the front page with that same item.
Did your store got close or knows someone whose store was closed because of the use of trademark/copyright material?
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Old 05-15-2010, 02:15
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Default Re: Pattern copyright laws, just FYI

My son did 2 shirts that were taken down by Summit entertainment. 1 they had no legal right to do so they had to put it back when we fought them. I know someone that had her whole jewelry store taken down for they say Twilight items. Etsy actually harassed her over a charm that had a motercycle on it because Summit claimed Bella rode on in the movie. Meanwhile the whole front page was Twilight inspired.
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Old 05-15-2010, 02:57
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Default Re: Pattern copyright laws, just FYI

I dont know the the rules of online sales and this is the reason why I dont do them. Too many people concerned over something that doesnt pertain to them. Do you know Ebay has a whole community devoted just to copyright infringement? I would say thats a good thing if they are closing down just the shops that only copy whats popular on TV just to make profit and have no real craft talent besides tracing and brushing some paint in the lines, but they go as far as to pick someone out that makes 1 thing in their shop that has a picture of a mouse and call it infringing on Disney and get them closed. I have just about decided to stick to shows and outdoor sales because of this. Im glad I never invested the money for a site. Once I heard these crazy stories, I took most of my things off Etsy also. I praise you guys who have the patience to deal with being called out for things as crazy as this. Maybe one day I will do the online thing but I dont know.
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Old 05-15-2010, 07:26
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Default Re: Pattern copyright laws, just FYI

I habe been wondering, and was pretty sure you can resale something you make, because only the pattern is copyrighted not the product.
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Old 05-15-2010, 08:53
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Default Re: Pattern copyright laws, just FYI

Good to know!! I like to buy crochet patterns on etsy. One pattern that I bought did not state that you couldn't sell items made in the description. After I had paid it stated it at the bottom of the pattern. I was not happy and emailed the seller who said I could sell my items. Then was threatened by some busy body to turn me in to etsy for selling this item. I promptly emailed this person to let them know that I did have permission from the seller and they should mind their own business.

Why sell a pattern if you don't want people to make them!!!
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Old 05-22-2010, 08:55
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Default Re: Pattern copyright laws, just FYI

unbrokendreamz - making bottle cap images using the computer is often infringing especially if one is copying an image to make the bottle cap. If you are using the computer to create a design of your own that is fine. However, images on the internet are not there for the taking. If you have purchased some copyrighted material and you consume that material in the making of the bottle caps then that is not infringing.

One court ruled that a copyrighted item consumed in the construction of other items has no economic significance and is not infringing.

weesewcute - I have copies of several settlements on my web site including the Disney settlement.

yocelita - you are correct about not being able to use images like Winnie The Pooh. When someone says their item was "inspired by" something or someone, you can bet it is infringing. A t-shirt that says "I Love Jonas" will likely be considered infringing because of the name recognition.

rachie2531 - most lawyers do not understand trademark and copyright law. They study it in law school for a few classes but if they do not go into that field they fail to understand the wording and case histories.

Help? What are "tuts"?
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Old 05-22-2010, 09:59
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Default Re: Pattern copyright laws, just FYI

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Originally Posted by tabberone View Post
Help? What are "tuts"?
Tuts (pronounced "toots") = tutorials
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  #30 (permalink)  
Old 05-23-2010, 04:35
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Default Re: Pattern copyright laws, just FYI

[QUOTE=tabberone;566705]unbrokendreamz - making bottle cap images using the computer is often infringing especially if one is copying an image to make the bottle cap. If you are using the computer to create a design of your own that is fine. However, images on the internet are not there for the taking. If you have purchased some copyrighted material and you consume that material in the making of the bottle caps then that is not infringing.

One court ruled that a copyrighted item consumed in the construction of other items has no economic significance and is not infringing.

weesewcute - I have copies of several settlements on my web site including the Disney settlement.

yocelita - you are correct about not being able to use images like Winnie The Pooh. When someone says their item was "inspired by" something or someone, you can bet it is infringing. A t-shirt that says "I Love Jonas" will likely be considered infringing because of the name recognition.

rachie2531 - most lawyers do not understand trademark and copyright law. They study it in law school for a few classes but if they do not go into that field they fail to understand the wording and case histories.

QUOTE]


Sadly most lawyers do not understand half of the things they take on in court but that is what they are there for and I would much rather be wronged by my lawyer than someone in a forum who has done internet searches. Even lawyers who specialize in a certain feild never know how things will turn out as cases are all handled diffrently, and Im very sure that mine will not give me any information until he has done his research and double-checked everything he can. I can do case result searches on copyright lawsuits all day long but when it comes down to it, every court rules diffrently in diffrent situations so I just take things as they come and leave the final decision to a professional. I would much rather go in front of a judge and say "My lawyer and I both talked this over and we agreed for these reasons that it was ok" instead of "I searched forever on line and my final decision was I could do what I want." This is my way of thinking and the only reason I suggested everyone should take their questions to a trusted lawyer.
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