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

[BDAZ]

My comment was in jest! But thanks for the link. I hold both trade marks and patents and am aware of the process and rights. For small business, the right to sue is about as useful as the right to throw money in the ocean..

Cya!

Bob

[kwelna]

I am not a lawer, but it was explained to me by a lawyer.

In simple terms, if you use an immage\symbol ect. that:

a: You did not create

b: Looks like an immage\symbol, same color scheme, own\copywriten by some one else

c. You sell, give, trade, barter etc. the item

You are probably breaking the law \ impinging on the rightful owners copyright\trademark.

Stop trying to skirt the law\find a loop hole, people that are smarter and better funded than you have tried and failed.

Now, whether you are or are not breaking the law, take into consideration how much you stand to gain from these sales and subtract the possible leagal costs in defending yourself in court - assume a minimum of $300 - $500 an hour for your lawyer( By the way that would be dirt cheap for a IP attorney).....So lets go with a LOW figure of $5,000 that will cover your initial court appearance. Can yo sell enough items to make it pay? Plus now you are on their radar and they will continue to monitor your business. Most of these organizations love to make an example out of anyone they can. Especially the little guy, Anyone remember this case? http://www.wired.com/2007/10/riaa-jury-finds/ So ask yourself, is it really worth it?

You want to make your son\daughter a back pack\wallet with their favorite team's logo? Go for it, chances are you will never get caught. Want to sell them on ebay\etsy\leather shows get ready for a world of hurt.

Create your own works and designs, that is what makes your work unique. It is what makes you the "Artist \ Craftsman".

[BDAZ]

Just a couple of comments. a should read "you did not create that are trade marked" There are millions of images and symbols that are royalty free.

The other point is that the most likely response to a small maker pirating a logo would be a cease and desist letter. It costs both party's nothing and the problem goes away if the pirate is smart.

Cya!

Bob

[bdunne]

My company sells at a lot of comic book and anime conventions and they are very strict about copyright and intellectual property right infringements. The convention staff will usually have lawyers or experts on hand and if they believe that your products infringe a copyright they will boot you from the convention without even blinking.

Most of the major conventions have been sued by major entertainment companies due to bootleg products and reproduced copy righte material.So,I would reccomend not reprodicing or getting licensed by said company in order to produce.

Hope this helps,

Barry