5/8" polka dot grosgrain ribbon
Hip Girl Boutique It's a girl grosgrain satin ribbon collection
http://www.hipgirlclips.com/store/images/200pc-crochet-headband-combo.jpg

hip girl boutique grosgrain mini bow tie single prong alligator hair bow clips for baby infant new born women girl adult

http://www.hipgirlclips.com/affiliate_alt_ads/hair-bow-holder-craft-show-display-180.jpg
New products--Crochet headbands

Go Back   Hip Girl Boutique Free Hair Bow Instructions--Learn how to make hairbows and hair clips, FREE! > Ribbon and Bows > How to make...

How to make... Hairbows, hair clips, bottlecaps, ribbon shirts, flip flop...

Reply
 
Thread Tools Display Modes
  #21 (permalink)  
Old 06-15-2010, 09:12
jyoung434's Avatar
Senior Member
 
Join Date: Feb 2008
Location: State College, PA
Posts: 1,028
Default Re: Copyright Issues When Making Bottle Caps?

Quote:
Originally Posted by [email protected] View Post
From what I have heard around the craft world- if you buy something you can do whatever you want with it. You would be protected by the first-sale doctrine.Some one shared that Disney had lost a case involving the fabric that they sale the other party was protected by the first sale doctrine.
This is not true. I contacted Penn State's licensing department to ask about this, and they said that I couldn't sell something made with Penn State fabric unless I was licensed. Here is the email thread:


Hi there. I have a small business selling hair accessories online and at a couple of local State College stores. I found some licensed Penn State ribbon and wanted to purchase it to make hair bows; however I am unclear on the policies surrounding using a licensed product to create another item for resale. If I were to used licensed ribbon (or fabric, such as that you can purchase at Wal-Mart or Joann Fabrics) to create a unique item, would it be okay to resell it if I included a disclaimer that stated that the item was created using licensed ribbon (or fabric) but I am in no way affiliated with the University, etc.?


Dear Jennifer:

Thank you for your inquiry.

In order to become licensed for Penn State you must first contact The Collegiate Licensing Company (CLC), who serves as our licensing agent. They can be reached at 770.956.0520 or you can also visit them online at www.clc.com. They will get you started with the application process, which is the first step to becoming licensed. You will also be required to meet certain insurance requirements and disclose where your products are being produced.

Please feel free to contact me if I can be of further assistance or you may also visit our web site at www.licensing.psu.edu.

Thank you for your interest in Penn State.


Hi Robin, thanks for your quick reply. So just to make sure I understand this correctly, you must be licensed by the University even if you just want to use an already license product such as ribbon or fabric to create a new product for resale, is that correct?


Jennifer -
Yes - that is correct. Let us know if you have any other questions.







I am not messing around with this. With my luck, I would be the one who gets sued.
__________________
DCBaby Gifts and Accessories!
http://dcbabygifts.com
Reply With Quote
Sponsored Links

  #22 (permalink)  
Old 06-15-2010, 10:34
peggy's Avatar
Senior Member
 
Join Date: Aug 2008
Location: Kansas City, Mo.
Posts: 280
Default Re: Copyright Issues When Making Bottle Caps?

I have never had a problem with Wal Mark printing my images for bottle caps. Guess it's just depends on the one you go to.
Reply With Quote
  #23 (permalink)  
Old 06-15-2010, 10:45
kaylah's Avatar
Senior Member
 
Join Date: Dec 2009
Location: fort gratiot
Posts: 325
Default Re: Copyright Issues When Making Bottle Caps?

Makes me think twice about selling all the twilights Eclipse Flip Flops, Bottle caps and Bows I have made and been selling lately for the upcoming movie.....kinda scary seeing as how much money is to be made off of these images. How can people be selling these images on etsy???
Reply With Quote
  #24 (permalink)  
Old 06-15-2010, 05:56
Senior Member
 
Join Date: Apr 2010
Location: Anaheim, CA
Posts: 294
Default Re: Copyright Issues When Making Bottle Caps?

Quote:
Originally Posted by jyoung434 View Post
This is not true. I contacted Penn State's licensing department to ask about this, and they said that I couldn't sell something made with Penn State fabric unless I was licensed. Here is the email thread:


Hi there. I have a small business selling hair accessories online and at a couple of local State College stores. I found some licensed Penn State ribbon and wanted to purchase it to make hair bows; however I am unclear on the policies surrounding using a licensed product to create another item for resale. If I were to used licensed ribbon (or fabric, such as that you can purchase at Wal-Mart or Joann Fabrics) to create a unique item, would it be okay to resell it if I included a disclaimer that stated that the item was created using licensed ribbon (or fabric) but I am in no way affiliated with the University, etc.?


Dear Jennifer:

Thank you for your inquiry.

In order to become licensed for Penn State you must first contact The Collegiate Licensing Company (CLC), who serves as our licensing agent. They can be reached at 770.956.0520 or you can also visit them online at www.clc.com. They will get you started with the application process, which is the first step to becoming licensed. You will also be required to meet certain insurance requirements and disclose where your products are being produced.

Please feel free to contact me if I can be of further assistance or you may also visit our web site at www.licensing.psu.edu.

Thank you for your interest in Penn State.


Hi Robin, thanks for your quick reply. So just to make sure I understand this correctly, you must be licensed by the University even if you just want to use an already license product such as ribbon or fabric to create a new product for resale, is that correct?


Jennifer -
Yes - that is correct. Let us know if you have any other questions.







I am not messing around with this. With my luck, I would be the one who gets sued.
Like you said, its probably not even get in between a law sued and have to be involved in that mess; however, this seems to me just like t Precious Moments v. La Infantil Inc. where La Infantil Inc was allowed to used the Precious moment fabric to make children bedding.
Look it up here: http://www.ehow.com/facts_5757831_ca...d-fabric_.html
Now, do you want to or are willing to fight back if contacted by the company/sport group? I know I don't have the time or really want to fight to show I have the right to do so, which is why I'll try as much as possible to stay away from it. But I think that legally, you should be able to use the ribbon/fabric. Just my 2 cents
Reply With Quote
  #25 (permalink)  
Old 06-15-2010, 06:55
ThreeBlessingsBowtique's Avatar
Senior Member
 
Join Date: Jul 2009
Posts: 3,605
Default Re: Copyright Issues When Making Bottle Caps?

we are actually talking about two different animals here

trademark and copyright
http://www.uspto.gov/trademarks/basi...Trademarks.jsp
the images of colleges and schools are TRADEMARKED and the misuse of those is very serious


notice the R in the circle that means it is registered and anyone who uses it in any way can be sued AND YES PPL DO THIS TO EVEN THE LITTLE GUYS the things that are TM on them may of may not have the REGISTERED stamp of the govt and can be used whenever




A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

A copyright protects an original artistic or literary work; a patent protects an invention

Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
  • constructive notice to the public of the registrant's claim of ownership of the mark;a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
  • the ability to bring an action concerning the mark in federal court;
  • the use of the U.S registration as a basis to obtain registration in foreign countries; and
  • the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

http://www.copyright.gov/circs/circ1.pdf
What Is Copyright?
Copyright is a form of protection provided by the laws of the United States
(title 17, U. S. Code) to the authors of “original works of authorship,” including
literary, dramatic, musical, artistic, and certain other intellectual works
Copyright Act generally gives the owner of copyright the exclusive
right to do and to authorize others to do the following:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or
other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and motion pictures and other audiovisual
works;
• To display the work publicly, in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or other audiovisual
work; and
• In the case of sound recordings,* to perform the work publicly by means of
a digital audio transmission.
Copyrightable works
include the following categories:
1 literary works
2 musical works, including any accompanying words
3 dramatic works, including any accompanying music
4 pantomimes and choreographic works
5 pictorial, graphic, and sculptural works
6 motion pictures and other audiovisual works
7 sound recordings
8 architectural works
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for
federal copyright protection. These include among others:
• Works that have not been fixed in a tangible form of
expression (for example, choreographic works that have
not been notated or recorded, or improvisational speeches
or performances that have not been written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols
or designs; mere variations of typographic ornamentation,
lettering, or coloring; mere listings of ingredients
or contents

•
Ideas, procedures, methods, systems, processes, (this is important b/c someone cannot copyright a process or name so if you do something the same way as someone else and you write a tutorial as well, they can do nothing to you) concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration
• Works consisting entirely of information that is common
property and containing no original authorship (for
example: standard calendars, height and weight charts,
tape measures and rulers, and lists or tables taken from
public documents or other common sources)
Reply With Quote
  #26 (permalink)  
Old 06-15-2010, 07:18
ThreeBlessingsBowtique's Avatar
Senior Member
 
Join Date: Jul 2009
Posts: 3,605
Default Re: Copyright Issues When Making Bottle Caps?

I have found site after site that said that NUMEROUS courts and judges have not found it to be so that persons cannot use licenced fabrics etc to make and sell things, so in cases, prudent cases are studied and those cases are upheld, AS LONG AS you disavow yourself in a disclaimer from the original copyright/trademark holder in your sales (so a disclaimer that says you are NOT an agent of the teams, schools, Nickelodeon etc)

If you so chose, I have added a few links for you to check it out yourself

now this is what I found on using the materials they print to make something.......YOU CANNOT say it is licensed by the university or whatever, if you are using premade fabric, ..........SO ribbon and fabric that are produced BY someone who does hole the rites to do so, you can make something just not represent is as endorsed by the team or whomever (Dora, Peanuts etc)

you cannot under any circumstances say you hold the trademark rights. THE COMPANY, disney etc will ALWAYS tell you it is illegal as they dont want competition

Many of the sites state that they have consulted lawyers and when companies release fabric/ribbon/charms etc, they give up the right to control the flow of that copyright meaning you can make something out of it to sell.........I talked to my bil and he is a corp lawyer, they usually do not file lawsuits unless there is a wide spread release, like if a new cola company called their product coke or a tire called their product Michelin

http://www.trueup.net/?p=8

http://www.trueup.net/?p=20

http://community.babycenter.com/post...abric_question

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

We have located two federal courts cases concerning the use of fabric to make items to sell: In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics to make bedding for sale. The 1st Circuit Court said making a fabric item from fabric lacked any originality so it was not copyright infringement. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United Media (Peanuts fabric), Sanrio (Hello Kitty fabrics), and Debbie Mumm, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.

In Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960, American Handbags was using towels manufactured by Vera to make handbags for sale. On some of these handbags made with plaintiff's towels there could be seen, at the bottom, the name Vera coupled with the figure of a Scarab or Ladybug, all three of which were registered trademarks of Vera. The judge rejected Vera's copyright claims.

It should be nothed that in both cases the judges required the defendants to provide disclaimers attached to the items because the items were being sold in stores. The disclaimers were to plainly disavow any relationship between the manufacturer of the item and the trademark owner. This was done so "an ordinary, intelligent purchaser" would not be misled that there was any connection. When selling on-line, a prominent, highly visible and well-placed disclaimer, such as our recommended Tabberone Disclaimer, would likely serve the same purpose and legal need as the disclaimers required by the courts. Precious Moments disclaimer court quotation and Scarves By Vera disclaimer court quotation.


http://wiki.answers.com/Q/Can_you_le...ic_and_sell_it
Can you legally make an item using NFL fabric and sell it?

In: Intellectual Property [Edit categories]
[Improve]
You might want to look at the Precious Moments case, you can't make something and call it licensed, you can however with some provisions make items for sale. " The First Circuit Court specifically rejected the copyright claim where La Infantil was being accused with unauthorized use of copyrighted fabric, saying that "bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works."
The Court also said "The copyright owner's right to distribute the work is limited by the "First Sale" doctrine, which permits the owner of a legally acquired lawfully made copy of a work to sell that particular copy without the consent of the copyright holder".
You need to make sure people realize it's not a licensed product and I always recommend a disclaimer.
The statement on the selvage - for personal use only - is not backed up with any federal or state statute.
I took Major League Baseball to court when they said I couldn't use their fabric to make items for sale. They fought me for 6 months then settled on my terms.

All I Know So Far

Well, from my research, so far what I got is this:
I have a great idea for an NFL Licensed Product. Where can I find information on obtaining an NFL license? For information on obtaining a license to produce NFL merchandise, call (212) 450-2000 and ask for the NFL Licensing Information Line.
I got this from the NFL official website. Which makes me also wonder about making things such as Nascar or Baseball teams, etc. Well I am certainly going to keep researching this matter, because it is very important to me too, seeing as how I am just now starting to decide to make NFL stuff too, but maybe when I am able to call the number they listed above I'll have the answer. From what this says, it would seem to me that maybe you do have to have a license to sell things you make of NFL. Well I hope this helps and maybe somebody will find out the answer soon.

NFL Team Fabrics What you can make!

We sell NFL Fabrics on our website so I have the breakdown on what you can do with the NFL Team fabrics. You can make anything you want with the fabric for you personal use but you cannot making anything to resell. It is a great fabric to make NFL products for your friends and Family.
If you want to Make licensed NFL Products you need to call the NFL License department and then obtain a permit to make the fabric and then make the products. The NFL fabric that is sold in stores is not for making products to resell. In order to make items with NFL Fabrics you need to have your own fabric manufactured and licensed by the NFL.
Yes.

First Sale Doctrine is an accepted legal defense in such matters.
The basic premise is simple. Once the manufacturer of a copyrighted item releases it into the open market the copyright holder loses control over what is done with the item.
Generally the company/manufacturer who holds the copyright will try to use trademark laws to prevent items such as material from being made into articles of clothing or whatever it may be, and sold by private consumers.
However, trademark laws only apply when the seller deliberately presents the article as being original or creates the impression that it is an original (knock off's).
An example is the Disney Corporation recently attempted to sue a single mom who earned extra income by using Disney fabrics to make pillows to sell at craft shows. The court ruled that the woman in no way infringed on trademark rights and could continue her pursuit and ordered DC to pay all her legal costs and damages.
Common sense should prevail in such situations, obviously you cannot copy DVD's as trademark laws apply. You may however buy material with soccer balls, baseballs, team logos, etc. and make pillows, etc. as long as you do not try to sell them as original NFL, NBA, NLB and so forth products.
FYI, companies and organizations will ALWAYS tell you it is illegal.

http://www.lectlaw.com/files/inp27.htm
Reply With Quote
  #27 (permalink)  
Old 06-15-2010, 08:07
Senior Member
 
Join Date: May 2010
Posts: 137
Default Re: Copyright Issues When Making Bottle Caps?

Whew! I kind of opened a can of worms, huh? lol All the information is great, ladies, thank you so much!!
Reply With Quote
  #28 (permalink)  
Old 06-15-2010, 08:25
ThreeBlessingsBowtique's Avatar
Senior Member
 
Join Date: Jul 2009
Posts: 3,605
Default Re: Copyright Issues When Making Bottle Caps?

Quote:
Originally Posted by brynneybelle View Post
Whew! I kind of opened a can of worms, huh? lol All the information is great, ladies, thank you so much!!
eh it gets opened like every 5-8 weeks
Reply With Quote
  #29 (permalink)  
Old 06-16-2010, 12:37
mommy0305's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Texas
Posts: 3,302
Default Re: Copyright Issues When Making Bottle Caps?

I went to walmart and got all of them...so I guess I got a person that really didn't care.
__________________
~Megan~
Reply With Quote
  #30 (permalink)  
Old 07-08-2011, 02:42
Senior Member
 
Join Date: Apr 2011
Posts: 1,465
Default Re: Copyright Issues When Making Bottle Caps?

I don't do images or anything like that because I don't want to deal with the hassle of hoping not to get caught.... My only question is phrases, which I have heard both ways. "Go Pack" safe or a no go? Obviously referencing Green Bay Packers, is that a silly question?
Reply With Quote
Sponsored Links
http://www.hipgirlclips.com/affiliate_alt_ads/jewelboxballerina-300.jpg
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


ribbon and bows and free hairbow instructions


http://www.hipgirlclips.com/store/images/peony-ad.gif
7-8 zebra and leopard grosgrain ribbon
New product--7/8' sister ribbon
Mini Pinwheel Bows

All times are GMT -5. The time now is 03:16.


Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0
Hip Girl Boutique Instructions - Copyright © 2007

Ad Management by RedTyger