Can anyone help with a copyright issue?

[boho chic]

My friend and I have started making various crafts and are using and incorporating, sweet wrappers and other packaging in our designs (mainly bags and cards). We are in the intial stages of setting up our business, mainly focussing on recyled crafts.

Does anyone know if we are breaching copyright if we use and don't ask?
for example, we have sewn in collages the mini egg label (cadburys).

I have emailed the editor of the design council and not heard yet.

Any other suggestions? or has anyone got similar dilemas?

Thanks

[greannancrafts]

(welcome) to the forum

Here's one I posted in another thread the other day - if you use the search box you will find more info


http://www.carter-ruck.com/FAQs/Copyright%20Cases.html

Jane

[Bath-Bomb.Com]

Hi,

Unlike the other thread on this issue...if you have included the manufacturers Logo (i.e. Cadbury's Cream Egg) I think Cadbury's might look upon this as free advertising...and you are making it clear that it's a Cadbury's logo and not your own work...

I'd check maybe email Cadbury's?) but those are my initial thoughts...

:)

[Lilac Moon]

I've dealt with books copy right before, dont know about logo's but as mentioned if you email them and explain. they may be very pleased especially if you send them a sample. On the other hand they could turn round and say NO you cant do it....bit of a double edged sword.
:mad:
sorry not much help

[boho chic]

Thanks for your speedy responses and advice.

we will look into it more.

Tova x

[ElaineJ]

You're not copying or reproducing the wrappers you're using them with the design as printed by Cadburys without any modification of the graphics so there isn't a copyright issue re the logo/artwork.

However you're using a Cadburys product for a purpose othe than that for which it was intended and for your own profit so there may be an issue there.

I'd ask Trading Standards and see what they say.

[Ruth Moulds]

I used to do work for Cadbury's in the past (designing Chocs) and Be very careful when using their name/logo etc as they are very keen on copyright issues.
When I do their jobs apart from having to make sure I engrave their logo correctly I have to return any documents/patterns/prototypes to them. Somebody once put a poster up for easter with a few pictures of Cadbury Cream eggs and they got a very stern letter from Cadbury's ordering them to remove it immediatly:o
I was also very nearly sacked when I did some designs for Terry's Chocolate Orange bars, they had a competition where they sold a batch of bars with WINNER engraved into the chocolate bars, When I was modelling them I had to make a couple of prototypes to get the logo correct etc and forgot to hand them over to Terry's (easy mistake) anyway a month later one of their guys came to visit my office and noticed one of these prototypes on my desk and He went beserk!:o they practically accused me of fraud (they thought i was going to produce winning chocolate bars) and I actually got a written warning off my boss! all for a sodding chocolate bar:mf:(got another warning when I was an apprentice for putting a W**** on Mickey Mouse bar for Disney LoL can't they take a joke?:)
The big companies are very secretive and protective so make sure you ask them before using their logo's etc.
never did win a prize LoL:mad:
Brian

[Floobynooby]

I would remove the Cadbury logo, because its possible that someone can mistake the product for one made by Cadbury's, which results in you being liable for prosecution. Its best to be on the safe side.

[jcp]

All answers are telling you "wait to hear from them" loud and clear! although if you're not claiming to be working for them i can't see the harm in it. But never risk anything. Wait and see would be the only sensible advice. Good luck as all i can see is that recycling is the way to go!:sm:

[Aviya Glass]

I see so many "upcycled" items for sale on Etsy etc and while I would be concerned about using a brand name it doesn't see to deter those sellers. I don't know if they are working within copyright law or not. (perhaps someone can enlighten me)
It seems to me that "upcycling" is what you are wanting to do ie make something new from an existing item which could also be called derivative art. Sorry I don't have a answer for you tho :confused::confused::confused:

[sparkysdad]

My friend and I have started making various crafts and are using and incorporating, sweet wrappers and other packaging in our designs (mainly bags and cards). We are in the intial stages of setting up our business, mainly focussing on recyled crafts.

Does anyone know if we are breaching copyright if we use and don't ask?
for example, we have sewn in collages the mini egg label (cadburys).

I have emailed the editor of the design council and not heard yet.

Any other suggestions? or has anyone got similar dilemas?

Thanks

"copyright" is just that.. the rights to copy! and as long as you make no claim to represent the owner, or to be a product of that company, you "should" be ok.. they made the wrapper, you obtained it through legitimate channels, and this it is yours to do as you wish.. they may pursue you for changing or modifying it, or representing it, but used in its entirety they might struggle to "claim" it.. if they object to you recycling a used wrapper, you could always ask them if they will take full responsibility for the unrecycled and abandoned in the street ones.. ;)

[juliemarley]

first of all (welcome) to the forum.

Copyright - i would be very careful, i recently had trading standards around for a meeting as i wanted to know what i could and couldnt produce, the guidelines are very clear, if the product has a logo then it is no unless you pay for the right to use it from the company that owns it - or they may allow you to use it as free adverising, but please make sure you get this in writing, you never know!:confused: Certain shapes cannot be reproduced either all down to copyright, the same goes for images of characters etc.
I would just be very careful as trading standards and companys are cracking down on this. :)
I hope they allow you to use it though :D

[boho chic]

Hi

I think I will contact all companies who we have used their wrappers, to get this in writing.

It isn't just Cadburys we use any unused wrappers such as quality street, capri sun pouches (who are promoting upcycling of bags they have made).

I think we will send a blanket letter out and await responses and keep any replies as evidence, just in case!

Thanks Tova

[elzi]

Hi, Make sure you point out to them that they would be gaining free advertising through your work! You never know if you're super lucky some of them may even want to promote/buy your stuff! :)