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  #31 (permalink)  
Old 07-08-2011, 03:25
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Default Re: Copyright Issues When Making Bottle Caps?

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Originally Posted by vanillababy View Post
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?
I'm pretty sure that's okay.
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  #32 (permalink)  
Old 07-11-2011, 04:30
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Default Re: Copyright Issues When Making Bottle Caps?

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Originally Posted by vanillababy View Post
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?
Actually, you can't do this either. The slogan is trademarked/copyrighted (whichever it is) and you can get shut down. There was a few sellers on Etsy who were doing just the slogans from NFL and college teams and got shut down.
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  #33 (permalink)  
Old 05-10-2012, 12:31
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Default Re: Copyright Issues When Making Bottle Caps?

You ladies (and gents if there are any here!) are amazing in the amount of knowledge you have to share! Thank you so much!
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  #34 (permalink)  
Old 05-10-2012, 08:30
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Default Re: Copyright Issues When Making Bottle Caps?

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Originally Posted by [email protected] View Post
If you buy stickers with the images on them then you can use that on your bottle cap and you are safe from copyright issues. The image can come off anything you purchase auctually but stickers may be easy to find for you. HTH!
Here is another Copyright tidbit to chew on. It is legal to use copyrighted items you have legally bought to recreate something, fabrics etc. Here is the kicker...under the First Sale Doctrine.

17 U.S.C. §109(c)*creates a limited exception to a copyright owner’s public display right. Owner of a lawful copy of a copyrighted work can, without permission from the copyright owner, display that copy to viewers present at the place where the copy is located. For example, owner of copy cannot display the copy publicly on a website under this provision.
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  #35 (permalink)  
Old 05-11-2012, 05:42
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Default Re: Copyright Issues When Making Bottle Caps?

Not totally related - but does anyone know how this applies specifically to embroidery or applique? If I own an embroidery machine and want to make & sell birthday shirts and I purchase some character applique designs (disney, sesame street, etc.) from one of the dozens of website that sells designs, can I make & sell birthday shirts that have these characters on them?
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  #36 (permalink)  
Old 05-11-2012, 06:35
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Default Re: Copyright Issues When Making Bottle Caps?

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Originally Posted by strachan View Post
Not totally related - but does anyone know how this applies specifically to embroidery or applique? If I own an embroidery machine and want to make & sell birthday shirts and I purchase some character applique designs (disney, sesame street, etc.) from one of the dozens of website that sells designs, can I make & sell birthday shirts that have these characters on them?
Many people do it, but no. If it is a design from your machine (one of the Brother Disney machines) it is in that gray area where Disney says no, you can't use them, but case law seems to say yes (like using the fabric). If you bought it from a non-Disney source, it is definitely not legal. Disney never got paid for your use of the design, therefor you are not allowed to make money from it.
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Old 05-11-2012, 07:56
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Default Re: Copyright Issues When Making Bottle Caps?

I dont do any bottle caps just because i dont want to deal with maybe getting caught. I even had some red and gray bows in my shop i advertised as osu buy decided to delete that. Just curious, not requiring an answer, but what exactly does penn state expect someone to do with penn state ribbon? Ive seen the osu here in my walmart but have never bought it. (We WERE psu fans). That just seems silly!
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  #38 (permalink)  
Old 05-12-2012, 12:50
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Default Re: Copyright Issues When Making Bottle Caps?

Quote:
Originally Posted by mommysews View Post
Many people do it, but no. If it is a design from your machine (one of the Brother Disney machines) it is in that gray area where Disney says no, you can't use them, but case law seems to say yes (like using the fabric). If you bought it from a non-Disney source, it is definitely not legal. Disney never got paid for your use of the design, therefor you are not allowed to make money from it.
Thank you - this is good to know!
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  #39 (permalink)  
Old 05-14-2012, 02:46
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Default Re: Copyright Issues When Making Bottle Caps?

I think the best way to sum everything up is that it is illegal to download trademarked items or copyrighted graphics and make items to sell...such as bottlecap images. If you do, you are taking a risk. If you were wanting to make images for bottlecaps such as NFL, MLB, college teams, NASCAR, Hello Kitty, etc, you must contact the company or organization and get permission or purchase a liscense to sell these goods.
As far a purchasing liscensed fabrics/textiles and creating something with these fabrics...there seems to be a great deal of interpretation. It is my understanding that these textiles are only for private use only and reselling for profit is not allowed. Depending on the aggressiveness of the company/organization would determine whether or not they would take action. Most companies/organizations would probably not mess with small scale sales, but they could.

Ultimately, when dealing with trademarked/copyrighted items, it is best to leave it alone unless you go through the steps to gain permission. That's my opinion based on all the research I have done. There may be those that try to justify what they are doing as being technically legal, but the owners of these trademarked/copyrighted items are entitled to protect their works/marks to the fullest extent of the law should they choose to.
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Old 06-11-2012, 02:38
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Default Re: Copyright Issues When Making Bottle Caps?

I know all the college team names and mascots are copyrighted. Some colleges have started going after public schools for using there mascots. I don't know if public schools are copyrighted, but The superintendant told me to contact all the principals for their permission before using the schools mascots. They also want to know how much they get out of it, so be prepared to pay for permission for any thing that is copyrighted.
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