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Subject:
copyright and licensed items
Category: Business and Money > Small Businesses Asked by: nkamom-ga List Price: $5.25 |
Posted:
09 Jan 2006 14:46 PST
Expires: 08 Feb 2006 14:46 PST Question ID: 431267 |
If I buy a legitimate licensed item, and turn it into something else for sale, am I violating copyright? For example, if I go to the fabric store and buy fabric printed with Strawberry Shortcake and make pillows to sale on eBay is that a problem? Or say I buy stickers and paste them onto a picture frame? I know if I were to scan the sticker and make my own stationery big brother would come knocking on my door, but if I embellish or modify something for resale is it ok? |
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There is no answer at this time. |
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Subject:
Re: copyright and licensed items
From: tr1234-ga on 09 Jan 2006 15:08 PST |
I'm neither an expert (nor an official researcher) it occurs to me that you might be violating *something* but perhaps not violating *copyright.* After all, in the situation you're describing, you're not copying anything; you're taking one thing and transforming it into another. Than might run afoul of others' trademark rights, or merchandising rights, or other sort of rights, but perhaps *copyright* violation isn't something you have to be worried about here. |
Subject:
Re: copyright and licensed items
From: ipfan-ga on 09 Jan 2006 16:02 PST |
Copyright law has a principle known as the first-sale doctrine. The doctrine says that once the copyright owner has received money from the sale of a copyrighted article, her rights to recover additional money as royalties from subsequent sellers is cut off at the "first sale" level. That is why you can, e.g., buy a book at the bookstore and then re-sell it at a garage sale without having to pay the copyright owner any additional money from your subsequent sale of the item. The doctrine assumes you are the lawful possessor of the copyrighted item, i.e., the copy you are selling was properly bought and paid for and is not pirated. Here, the doctrine works pretty clearly for the stickers, but query whether the owners of the copyright in Strawberry Shortcake can claim a separate copyright in the design as applied to pillows. See, on those facts the first-sale doctrine only helps you if you are actually just reselling the fabric as is. By transforming it you may be creating a derivative work, and the copyright owner is the only one who can make derivative works. Tough call, but I'd argue that you were not really making a derivative work since the fabric is essentially intact and unchanged, and thus you can rely on first sale. You have intuitively surmised that the line between first sale and derivative work is a blurry one--it depends on how much you transform and change the original work, and there's no real bright-line test for that. BTW, the first-sale doctrine applies in trademark law, too. |
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