Selling Items That Are Copy Righted - What Is Fair Use?

[BDAZ]

In general, the first barrage is a cease and desist letter. The copy-write owner is more interested in having you stop then taking you to court where he has to prove monetary damages.but can also demand punitive damages. Unlikely in the case of a mom and pop shop.

Immediate compliance with a C&D will usually end there.

I have some experience in patent infringement which is similar, but the best advice from the leather workers here is don't take our advice!

Cya!

Bob

[WyomingSlick]

Yes they can sue you for using their likeness. Celebrities get paid when their image is used, so why would they let someone else profit from that? But like everyone has already stated, you need to seek professional legal advice.

Karina

LOL But rags like National Enquirer can use their picture for free to sell millions of copies every week.

[veedub3]

LOL But rags like National Enquirer can use their picture for free to sell millions of copies every week.

The Enquirer is sued all the time, and we rarely ever hear about the settlements, or back office deals that are made with said celebrities. Also they claim to be "a News Reporting Org.", which would be different than simply placing a celebrities face on a leather wallet and selling it as the OP asked.

Plenty of celebrities have sued for the unauthorized use of their image and all have won. The reason they won is because a Law states a persons likeness is his/her property under copyright law and could not be used commercially by other parties. This law doesn't just apply to celebrities, it applies to the average Joe as well, although I doubt anyone would want to use the average Joe's image.

Karina

[BDAZ]

I was good freinds of the photo editor for the National Enquirer, Bob Stevens when I lived in South Florida. The operative word is public figure, and they are only alowed to publish the images as news, not allowed to sell them on mugs or wallets.

Bob, btw, was the first guy killed in the post 911 anthrax attack at their offices in Boca Raton.

Cya!

Bob

[RavenAus]

The other thing to consider is you have absolutely no defence if someone does claim copyright infringement after posting a thread like this - you are basically stating you were planning to do this so you can't even claim you were ignorant of the laws now.

[Billy P]

There used to be 2 old guys, brothers, who had a little leather shop about 12x12 ft. The made belts, braclets, and wallets. About 4 miles from their shop a friend had a old store building that he had an indoor flea market in. Well the brothers rented a corner and put in a display case and some hangers and started selling in there. Here is where the rub came in they would go to Harley Davidson dealerships and buy small to medium Harley patches and sew them on their wallets. They did this for about 8 or 10 years, with no problem. One Sunday morning a guy comes in browsing, he goes back to their little corner and asks Sarge, the one there how many of the Harley wallets he had, so Sarge thinking the guy may want to buy them all told him how many he had there and how many they hady ready in the shop, right beside the main road, also had. The guy told him that since he had bought the patchs at the Harley dealer, he would alloy him to sell what he had already made, that he had to cease and desist making anymore. He gave them the paperwork and informed them he would be checking back and if they were caught making any more the would be most certainly sued for copyright infringment. I had 2 Harley stamps made by Baron tool like probably a lot more of you have. Isaw them selling on ebay and found out you are not supposed to use them either so I listed them. I payed about $2.50 each back in the 70's. Those 2 stamps brought over $200.00. I couldn't use them so I let someone else have them. Anyway be careful what you put out there, because it can cause more trouble than it's worth to do it. You may never get caught, but you never know what might happen. Just my thoughts Billy P

[BDAZ]

I was watching a recent episode of Pawn Stars and they were negotiating over a bunch of paintings that bore the portraits of Jimmy Hendricks, Elvis, and a bunch of other R&R stars. There was no issue about copyright even though each was a reproduction of the original in an edition of 300.

Cya!

Bob

[NVLeatherWorx]

The answer here is as simple as the question. If you do not own the image or design and you do not have permission from the said owner of the image or design then don't use it, plain and simple. Yes, you do need to seek out the advice of an IP Attorney but they will tell you just what I did and I know this because I have posed it to one in my area just for giggles so that when I tell a potential customer "no, I can't do that" I have complete supporting justification as to why I can't. They don't like to be told "no" but they hate to be told that what they are asking is a violation of the law and that they are just as liable as the one who makes the item. My version of the "scared straight" concept and it gets attention every time.

[BDAZ]

Unless it's the Washington Red Skins logo heh heh!

Cya!

Bob

[veedub3]

As a Embroiderer and Screenprinter, I am willing to bet my business that people now think that it is OK to print Redskins apparel without permission. Before you do - read this: http://www.tsn.ca/nfl/story/?id=455147

Karina