copyright infringement?

[okrounder]

Does not the type of item sold for its intended use grant use of it? As so if I buy the stamp which is used to imprint the logo onto leather does not the seller of the item give this use to you you. As such the pattern you get from tandys is to be reused to sell the item? Would this hold true with a stamp you buy from them?

thanks

[mlapaglia]

Does not the type of item sold for its intended use grant use of it?

Unfortunately it does not unless the item is sold with written permission of the trademark holder that permission to sell items made with the stamp is granted.

As so if I buy the stamp which is used to imprint the logo onto leather does not the seller of the item give this use to you you. As such the pattern you get from tandys is to be reused to sell the item? Would this hold true with a stamp you buy from them?

The seller does not have the legal right to grant any permission. In the strict letter of the law no use is allowed without the direct permission of the trademark holder. Almost all Trademark holders allow a non commercial, i.e. not for sale, use of their trademark but reserve the right to revoke that permission at any time.

Just because you purchase a trademarked logo making item from a store does not, by itself, grant you permission to sell items made with that trademark.

FWIW I spent that last 10 years working with a division of a company, Toward the end my sole job was Trademark control and infringement. I am not a lawyer but all my communications were reviewed by a lawyer. I learned far more than I ever wanted to about trademark law.

thanks

[Handstitched]

G'day,

I guess the same would apply to 'beer can art' . As in, artists using beer cans to make assorted items from recycled cans.

This is one example:

http://4.bp.blogspot.com/_i_AovfzNXgQ/S1PM7IoScNI/AAAAAAABCs4/j7oAcwP3IJo/s400/asdfg.jpg

I also see what I do with leather as art, not just a way to make an income.( as we all do)

Of the many items I make from leather, I also put recycled beer can logos ( amongst others) into leather . ( see pics)

But would'nt that also be free advertising for the company?

And would they see it as a recycling initiative?.

Depends on the company I guess?

A long time ago, I did ask a beer company rep, of many beer brands ,in person, about using the beer bottle tops that I incorporate into leather, fridge magnets etc. (also a good way to use up scraps.)

He said quote: " we're fine with that, so long as you don't alter the logo" .

He seemed appreciative that many people use and sell their logos in an assortment of art & craft and wasn't concerned about the legal aspect.

But other companies may not be as understanding.

But I would have thought it would be very impractical and costly,( as well as bad PR) to issue legal letters to every single person across Australia that uses a logo or brand of some kind, in art craft etc. ??

HS

[mlapaglia]

This is a different thing. The original company produced logo is being re-purposed but retains its original logo format. This is acceptable under international Trademark laws as long as the logo is not being used to imply a product is by the trademark owner. You cant put Bud beer in a Coors bottle and sell it as Bud.

Most companies are forgiving to the small business concerns. Its when it gets to be big time that they have to act. Also if the logo violation is brought to their attention, no matter how small, they have to act in order to preserve the Trademark License.

Trademarks are one of the biggest headaches in any business. One thing to remember, some people from a company that say a logo use is ok may not have the authority to make that claim.

[Handstitched]

G'Day and thanks for the reply ,

Thats good to know because I'm just in the process of making some more as I sold some at the weekend.

I suppose I should really approach the companies to ask their permission out of courtesy , but if they say 'no',

I'd respect their decision of course, but I think I'd be quite upset

as I really enjoy making them......and they look good and people like them

All the best,

HS

HS

[LoneWolf1973]

Reading thru this I see allot of good advice. On the note of Tandy, I myself have talked to them and was told that once you bought the item (kit, craftaid, ect.) it is yours. There is no trademark on those kind of items. The guy that told me that may have been wrong but he has worked for Tandy for many, many years so I assume he knows what he is talking about there (plus he has given me plenty of good advise on the craft).

[jroberts3001]

Well if patterns are sold then I say there is no copyright infringement. For example if I buy a pattern from Tandy it becomes mine The copywriter releases their claim.

[Northmount]

Well if patterns are sold then I say there is no copyright infringement. For example if I buy a pattern from Tandy it becomes mine The copywriter releases their claim.

You may use the pattern as many times as you wish to make items to give away or for sale. You do not have the right to make and sell or give away copies of the pattern to others. That is what is copyrighted.

You will see some magazines that say you can make/build the items in magazines where patterns, drawings, instructions are given for your own personal use, but cannot sell the items. That is false, but they use it to try to reduce the quantity of goods in the same market as the original creator. Copyright does not limit the number of items constructed, given away, or sold that are based on that pattern.

Tom

[cardinal leather]

I was watching a Tandy video one night. I do not remember which one but George Hurst was doing the work on one of their kits or patterns. He said that you can use our patterns to make items for sale or use, and we encourage this, just do not claim it as your own. that is not an exact quote but pretty close to what he said.

[Art]

I was watching a Tandy video one night. I do not remember which one but George Hurst was doing the work on one of their kits or patterns. He said that you can use our patterns to make items for sale or use, and we encourage this, just do not claim it as your own. that is not an exact quote but pretty close to what he said.

Alright, I don't believe it. I have NEVER been able to watch a George Hurst video ALL the way through without falling asleep. If insomnia ever plagues you (when you get older I hope) just plug in George doing the airbrushing video. George (I have talked with him many times and even been to dinner with him at many shows when we were both a lot younger) is of the school that the audience will be able to more clearly understand if you speak s l o w e r. That or he gets paid by video runtime.

Art