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  • Selling copyright designs

    I have noticed that a couple of people here sell embroidered goods with Disney & similar type childrens designs on them. I was under the impression that these designs were Disney copyright and were for personal use only. I know on E Bay there is loads of Disney embroidered blankets and towels. I was always afraid that if I did them I would get Disney taking me to court for copyright breach and I certainly couldn't afford to take them on!!!
    Can anyone tell me how they sell without breaking the law? Have you been able to get permission from Disney?
    Penny

    www.creativepatchwork.com

    www.tonysmithphotography.co.uk

  • #2
    Hi Penny,


    Brother have the copyright on Disney Embroidery Designs. You can buy Brother Cards/CDs with them on but they`re expensive. If you have purchased a legal design then I beleive it`s up to you what you do with it but it`s illegal to share the design itself.


    Some people digitize a Pooh Bear image and then sell the design or item as their own work but it`s still an infringement of copyright because the original design was not their own work. How people get away with it I don`t know!


    C.

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    • #3
      Thats interesting, one of my machines has pre loaded Pooh Bear & Mickey etc and I have bought the discs. The shop where I bought both told me that I would not be able to sell anything with these designs on. I have tried to contract Disney but no reply from them. I would love to be able to sell items with these on as they are firm favourites with children ( and Mums ).
      I wonder if someone like trading standards would know.
      Penny

      www.creativepatchwork.com

      www.tonysmithphotography.co.uk

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      • #4
        contact the makers of the disc I think you'l find that they are for personal use . from what I can gather you have to have a license from Disney to sell anything with there designs on. I am even wary of using old curtains or clothing to reuse for bags and stuff that has any kind of logo or character on.


        A lot of rubber stamps and card making stuff is suposed to be personal use only copyright free is a mine field.
        "You've Got to Keep Your Mind Wide Open" - AnnaSophia Robb
        my Folksy shop Goldy'sclearoutblog debaynewebdesign


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        • #5
          I looked into this a bit more. I don`t use Disney etc but like you say they would be be popular with your customers.

          The embroidery protection folks state:

          You may embroider the designs and sell as many of the sewn product as you wish. You may not sell, trade, share, rent, or otherwise distribute the original or modified versions of any design. An exception to this statement is the use of licensed designs such as Sesame Street or Precious Moments. If such a license applies, it will be stated on the outside of the packaging. Sewing and selling these designs can result in stiff penalties.

          So I`m presuming that there might be some further info on your design disc packaging????


          There`s also a Guild of Machine Embroiderers connected with Flair Magazine. They might be able to help.

          A minefield indeed!!!


          C.

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          • #6
            There was something on the Etsy forums a while back about Amy Butler being annoyed that people were using her fabric to make things with and them sell on. The post linked to a very interesting website all about copyright and people taking on big companies etc. I'll see if I can find it again.
            Visit my Etsy store http://swirlyarts.etsy.com
            My daily thoughts! http://swirlyarts.blogspot.com
            My blog of cute stuff http://cuteable.com


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            • #7
              Try contacting Disney and say you would like to make a small number of items for each design and could you have permission to sell them.
              As long as you don't go into mass production they will grant permission.
              A friend of mine has permission to sell Disney character cards made from designs she found on the internet.
              I believe they are very easy to deal with.
              Hope this helps
              Sam

              My website: www.classy-cards.co.uk
              My FreeIndex page: http://www.freeindex.co.uk/profile(C...rds)_81854.htm
              Review my FreeIndex listing: http://freeindex.co.uk/wr.htm?id=81854&br=1

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              • #8
                How did she get hold of them? I have tried e-mail and even phone calls all with no success.
                Penny

                www.creativepatchwork.com

                www.tonysmithphotography.co.uk

                Comment


                • #9
                  I finally found the thread and the website it linked to. This is more to do with fabric and paper items but I'm sure it will be useful to us crafters who have problems with using items with 'copyrighted' designs on them. I have always taken the stance (and I do believe that it is legal to do this) that I have bought the item and therefore I can do whatever I wish with it apart from copy the design to then use again. That doesn't make much sense but I'll try and clarify. I can use a piece of Rainbow Brite fabric I found in the charity shop to make whatever I want. What I can't do is copy the image and then use that image on something else. I couldn't trace the images and use that on the front of a notebook for example. Anyway here is the website I found - it's a bit bitty and strange looking but it does have some interesting info on it. Check out the hall of shame!

                  Doh - forgot the link!! http://www.tabberone.com/
                  Visit my Etsy store http://swirlyarts.etsy.com
                  My daily thoughts! http://swirlyarts.blogspot.com
                  My blog of cute stuff http://cuteable.com


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                  • #10
                    What about the cricut disney carts and copy write ???

                    Ive heard mix opinions - a friend of mine who owns a craft shop spoke to one of her sales rep who said you can sell cards using the carts as the packaging doesnt say you cant on it anywhere. Other people have said no you cant and only make for personal use.

                    Does anyone know or have any advise as im really confused !!!!

                    Sara
                    www.cardsforewe.co.uk

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                    • #11
                      Originally posted by swirlyarts View Post
                      There was something on the Etsy forums a while back about Amy Butler being annoyed that people were using her fabric to make things with and them sell on. The post linked to a very interesting website all about copyright and people taking on big companies etc. I'll see if I can find it again.

                      Hmmm, that's interesting, because that's not what it says on her website :

                      Can I use Amy's fabrics to make projects to sell or use in manufacturing finished goods?
                      YES

                      Back to the question of Disney, I would be very careful as I know I've read about a mural artist who painted children's bedrooms and got done by Disney. I would steer well clear!
                      Blog Website Flickr

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                      • #12
                        That was really interesting, thanks for that, Swirly.
                        Annette

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                        • #13
                          Originally posted by JBJB View Post
                          Hmmm, that's interesting, because that's not what it says on her website :

                          Can I use Amy's fabrics to make projects to sell or use in manufacturing finished goods?
                          YES

                          Back to the question of Disney, I would be very careful as I know I've read about a mural artist who painted children's bedrooms and got done by Disney. I would steer well clear!
                          Yep it seems that the forum thread I read is a couple of months old now and Amy Butler has had a change of heart - which is good!! Not that I buy her fabric but anyway!

                          I can see why the mural painter was told off as they were reproducing the Disney characters on their own work - I just use the images I buy once (eg fabric) and don't reproduce them! I tend not to use Disney things anyway!
                          Visit my Etsy store http://swirlyarts.etsy.com
                          My daily thoughts! http://swirlyarts.blogspot.com
                          My blog of cute stuff http://cuteable.com


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                          • #14
                            In a similar vein, but doesn't help with Disney, when I bought some Cath Kidston fabric in one of their shops I asked, "If I make a bag out of this fabric, can I sell it commercially?" I was told, yes, as long as I state it is made WITH Cath Kidston fabric and not made (ie, sold) BY Cath Kidston.
                            Blog Website Flickr

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                            • #15
                              Licensed designs

                              Hi I have been machine embroidering for several years, no you cant sell anything with ANY licensed designs thats basically any character amongst other things like football club logos. anything thats copyrighted.
                              Each design house has different license agreements while most allow you to sell embroidered items even some of the small digitizers do not allow sales or I have seen some which state you are allowed to sell a specified amount ( although i doubt they would ever be able to say you have sold more than allowed )
                              so its a case of check the license agreement for each design!
                              Every craft fair I have been to normally have some one selling disney embroidered stuff and its a good seller, I dont think I would want to risk it though!

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