questiohn about copyright
Posted: Tuesday, June 6, 2017 5:27:31 PM
Hello!
I have a question about copyrighted characters on products.

My uncle was wondering if I could make a custom Calvin and Hobbs shower curtain for him. I know if i post it as a public product for anyone to buy on my shop that those characters have copyrights and it would be taken down for sure.

...what i am wondering is if it would infringe on copyright laws if I were to make only one as a private product and order it myself from my account to give as a gift? I wouldn't be making any profit off of it right? So would that be ok? or is it still against the copyright laws? Would i get in trouble for that?

Thanks in advance to anyone who can answer my question.Love Love
Posted: Tuesday, June 6, 2017 5:31:05 PM
It would still be a copyright violation for Zazzle to print it and sell it to you.
Posted: Tuesday, June 6, 2017 5:33:48 PM
ok thanks, i thought that might be the case.
Posted: Wednesday, June 7, 2017 4:18:42 AM
Shadowind_ART wrote:
...what i am wondering is if it would infringe on copyright laws if I were to make only one as a private product and order it myself from my account to give as a gift? I wouldn't be making any profit off of it right? So would that be ok? or is it still against the copyright laws? Would i get in trouble for that?

I made a shirt with the USMC logo on it, personalized specifically for members of my family to wear to my nephew's graduation from bootcamp. I set it to direct-only and then emailed the link to my sister to see what she thought of the design. We both then immediately ordered one as a test to see what they would actually look like. The next day I got the "we're sorry but your design doesn't meet USMC standards and has been removed from the market" or however it was worded email. BUT, those two shirts slipped thru the cracks and we both received ours. Somehow the sales got ahead of the approval process. I ended up using another POD site to make the shirt and ordered & received 12 of them with no problems. Apparently some sites are less strict then others.

I had the same thought as you though, that if it's for personal non-commercial use and not available in the market to the general public it would be OK but not so.
Posted: Wednesday, June 7, 2017 4:35:17 AM
What happened to you did not have to do with copyright. The USMC has a fan merch store here, and the USMC has Rules about what it allows and how they have to be tagged.


Also, it IS commercial use if Zazzle prints it and sells it to you. Selling is commercial use.
Posted: Wednesday, June 7, 2017 4:55:48 AM
Maz wrote:
Also, it IS commercial use if Zazzle prints it and sells it to you. Selling is commercial use.

Coleen, digging a little deeper into what Maz says is the fact that Zazzle profits from it and so does the designer via the royalty whether it's for family or otherwise.
Posted: Wednesday, June 7, 2017 5:34:52 AM
Maz wrote:
What happened to you did not have to do with copyright. The USMC has a fan merch store here, and the USMC has Rules about what it allows and how they have to be tagged.

I know that, but it's the same exact principal: Can you make something for your own personal private purchase that wouldn't pass muster for the general marketplace and the answer is no.
Posted: Friday, June 16, 2017 2:05:41 PM
I don't know why people believe that copying an item for personal use is not a copyright infringement. It is. If you haven't purchased a licence from the copyright owner or haven't received permission to use it, you are breaking the law.

People are confusing personal use with fair use but even with fair use, certain conditions must be met before an item is allowed to be copied.

http://info.legalzoom.com/copyright-law-making-personal-copies-22200.html

With regards to personal use in this case, it's not just about you not profiting from it. It's about Calvin and Hobbes NOT profiting from it. Unless they specifically permit you to copy the item for personal use without purchasing a licence, you are infringing on their intellectual property and you are breaking copyright laws.
Posted: Friday, June 16, 2017 4:36:32 PM
SM_WeddingStationery wrote:
I don't know why people believe that copying an item for personal use is not a copyright infringement. It is. If you haven't purchased a licence from the copyright owner or haven't received permission to use it, you are breaking the law.

People are confusing personal use with fair use but even with fair use, certain conditions must be met before an item is allowed to be copied.

http://info.legalzoom.com/copyright-law-making-personal-copies-22200.html

With regards to personal use in this case, it's not just about you not profiting from it. It's about Calvin and Hobbes NOT profiting from it. Unless they specifically permit you to copy the item for personal use without purchasing a licence, you are infringing on their intellectual property and you are breaking copyright laws.


Exactly right and I think most fan art falls into this category.
Posted: Saturday, June 17, 2017 3:06:06 AM
Perhaps it might help to consider what's happened in the music industry where it was originally tapes and then CD's and finally MP3's: Musician creates something, musician sells production rights to a company, person buys a copy of the music from that company, then person turns it into an MP3 and uploads it for the world and you download it for free. Who loses and who gains? Everyone loses except for you.

One or another version of this is happening all the time, and the case of copying a design for one's own use is a fine example of it. The problem is rampant throughout all the arts.
Posted: Wednesday, June 21, 2017 5:36:19 AM
The general rule is... If you didn't create it, you can't make money on it... not even if you use it in a marketing capacity to sell other things and its not directly for sale.

The USMC logo is different because as a US citizen and tax payer you have ownership in the USMC. What you are subjected to in using it is a licensing use policy, not an infringement prohibition. The same is true of any Government agency. You can use any declassified NASA photos, US Dept of Agriculture photos etc as long as you follow the licensing use policy.
Posted: Thursday, June 29, 2017 6:29:18 PM
240DesignWest wrote:
The general rule is... If you didn't create it, you can't make money on it... not even if you use it in a marketing capacity to sell other things and its not directly for sale.


Sorry but you're wrong here. The general rule is, if you didn't create it, you can't USE it, unless it's considered 'fair use', in the US or 'fair dealing' in the UK. In Australia it can only be used for news or parody otherwise the user must pay and other countries have their own unique copyright laws.

Under US laws, copying a copyrighted image on an item for personal use isn't fair use and is a copyright infringement. No ands, ifs or buts here. The point is here that if you use it, you need to purchase a license for it. You may do it and get away with it but it's not in any way legal. You may also do it to the wrong person or company who isn't so lenient and if the IP is registered, you could face a fine of up to $150K per infringement. It's never worth the risk.
Posted: Friday, June 30, 2017 2:53:42 AM
It probably requires no more than turning it around: What if you've created a design with which you expect to either earn money or even just notice? What if you start noticing people wearing the design on something you never had your hands in? Are you going to say, "Oh, isn't that lovely?" I seriously doubt it.
Posted: Thursday, July 6, 2017 4:34:20 PM
Does anyone know what if any copyright or trademark status awareness ribbons have, such as the pink breast awareness ribbon, etc?
Posted: Thursday, July 6, 2017 4:40:35 PM
Emerald_Star wrote:
Does anyone know what if any copyright or trademark status awareness ribbons have, such as the pink breast awareness ribbon, etc?


Awareness Ribbon Copyright
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