[amayausers] Re: Lord of the rings - My experience
- From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
- To: <amayausers@xxxxxxxxxxxxx>
- Date: Mon, 18 Jul 2005 14:05:48 -0400
Eduardo-this sounds like when I found out my 1000 shirt order for Batman was
black market! The wholesaler had put a stop payment on the check-I told them
since THEY ordered it, and had given me a letter that THEY had the 'rights'
to market that design, then THEY had better pay my bill! They were going to
send the shirts back to me before the 'legal team' came through their
warehouse. I said 'not my problem'-I have a signed order FROM YOU....so they
paid me and sent the shirts somewhere else for half price to get rid of
them! Probably sent them to PR...ha ha! (no offense-but who knows where they
went?) From then on I make sure the company ordering something has the
rights to do it!
For auto dealerships, like Ford, Chevy, even though THOSE logos are
copyrighted, you CAN produce shirts and hats, (or signs, magnets, etc.) for
the DEALERSHIP because their 'franchise' allows them to get outside vendors
for that stuff. But if you try to make a 'ford logo' teeshirt and sell it to
stores, THEN you are violating the copyright.
I checked on all this through the Ad Specialty group I belonged to-they
explained it all. I can order 'ford keychains' for a 'ford dealership', but
I CANNOT order 'ford keychains' and sell them to the corner market to resale
at his counter.
As for the person that wanted a 'lord of the rings' teeshirt FOR HIMSELF,
there is no misrepresentation there-that person is a collector or fan of the
books and movie and isn't going to 'resell' that shirt on the market.
But it's a personal call to anyone wanting to embroider that shirt. I'd do
it in a minute-but if the movie theater or bookstore down the road asked me
to do 100 of them-I'd have to say no! But if the same bookstore wanted to
have shirts for their STAFF with that saying made up, to PROMOTE their
selling the books and videos-then that's different-because they are
PROMOTING the sale of the products and it is considered advertising-same as
putting the picture of the book in the newspaper or on teevee ads.
Roland
> From: Eduardo Ruiz <erc_ruiz@xxxxxxxxx>
> Reply-To: amayausers@xxxxxxxxxxxxx
> Date: Mon, 18 Jul 2005 10:33:33 -0700 (PDT)
> To: amayausers@xxxxxxxxxxxxx
> Subject: [amayausers] Re: Lord of the rings - My experience
>
>
> Hi to all,
>
> Ten year ago, PR are the capital of the copyright
> infrigement. I sold screenprint of anything hot in
> the market. Someday I stop for breakfast and for
> casualty I sit next to the Disney Brand owner in PR,
> and in the conversation he say to me.... one moment
> you are the guy the put the Disney tshirt fake painted
> over Hanes tshirt at $60 the dozen? And in the road,
> not in back of the Storeeeeeeeee!!!. You have (beep).
>
>
> I dont know if you understand what I wrote but I don't
> sleep this night and put all of my shirt very back in
> the my store.
>
> The Bad English Writer,
>
> Ed.RUiz
>
>
>
>
>
> --- image embriodery <imageembroidery@xxxxxxxxxx>
> wrote:
>
>> Thanks Jeff,
>>
>> I think the customer and I have come to an
>> understanding and I have
>> tactfully requested he seek the services of another
>> embroiderer.
>> I am not ready to lose all that I have worked so
>> hard for!
>> Wow...that ate at me all weekend!!
>>
>> LuAnn
>> ----- Original Message -----
>> From: "Jeff Banks" <banksje@xxxxxxxxxxx>
>> To: <amayausers@xxxxxxxxxxxxx>
>> Sent: Monday, July 18, 2005 1:00 PM
>> Subject: [amayausers] Re: Lord of the rings???
>>
>>
>>> LuAnn,
>>>
>>> IF you are selling the items to him, and someone
>> wants to get nasty, (and
>>> even if you are not selling them to him) you open
>> yourself up for trouble.
>>> Even if you are in the right, the cost of a lawyer
>> to even send out a
>>> letter to another lawyer in your defense is not
>> worth the hassle or cost
>>> for 1 hat and a couple of shirts. Another thought
>> is that now you have
>>> told everyone on this list your intentions. It has
>> happened before on
>>> other lists where someone is paying for the rights
>> to do something, like
>>> be able to reproduce Shriner stuff etc. and
>> someone posts they need the
>>> design or posts their intentions just as you are
>> doing. Shortly after the
>>> person gets a nasty Cease And Desist letter from a
>> lawyer. You decide.
>>>
>>> Jeff Banks
>>> Melco Embroidery Systems
>>>
>>>
>>> ----- Original Message -----
>>> From: "image embriodery"
>> <imageembroidery@xxxxxxxxxx>
>>> To: <amayausers@xxxxxxxxxxxxx>
>>> Sent: Monday, July 18, 2005 10:20 AM
>>> Subject: [amayausers] Re: Lord of the rings???
>>>
>>>
>>> Re: [amayausers] Lord of the rings???Okay, here's
>> the deal. This guy is a
>>> "Lord of the Rings" freak. He wears a ring on a
>> chain around his neck. His
>>> day planner and other office items are the same
>> theme.
>>> The shirts are for his own personal use. He wants
>> three shirts and a
>>> baseball cap. I WILL NOT be mass producing this
>> item!!
>>> He has already agreed to me using a different
>> font, not in two colors and
>>> possibly changing the layout.
>>> You bring up an intersting point with the gymnast!
>>> Thanks for the response.
>>> Would you do it??? Kind of put you on the spot
>> there!?
>>> LuAnn
>>> ----- Original Message -----
>>> From: Roland R. Irish III
>>> To: amayausers@xxxxxxxxxxxxx
>>> Sent: Monday, July 18, 2005 11:35 AM
>>> Subject: [amayausers] Re: Lord of the rings???
>>>
>>>
>>> Depends on what you are going to do with it-if it
>> is for a 'one shot
>>> deal'-someones' shirt-then you are not
>> 'representing' it as 'your work'
>>> and not 'selling copies of copyrighted artwork' as
>> your own. But if
>>> someone wants you to run off a whole batch and
>> then sell them-that's a no
>>> no.
>>> I've seen that phrase used for someone that is a
>> 'gymnast'-and something
>>> else...
>>> copyright infringement gets you into court when
>> you :
>>> ?run off a batch of items that duplicate
>> 'copyrights' (batman teeshirts,
>>> for example)
>>> ?'charge' for artwork that is copyrighted (Corel
>> art disks-you cannot
>>> 'charge' someone else to use the corel artwork, or
>> pass it off as your
>>> own-but you CAN use it to 'create' custom artwork)
>>> ?copy other items for sale and charge for them
>> (doing Harley Davidson
>>> ANYTHING is a no no-they have legal snoops that
>> look for that stuff as a
>>> permanent job!) Even a 'Harley repair shop' I know
>> here was forced to
>>> remove a Harley BANNER from his window-because
>> although he REPAIRED harley
>>> motorcycles, HE wasn't a 'registered' Harley shop!
>>> ?get caught....
>>> so you have to find out what it is going to be
>> used for. 'Lord of the
>>> RIngs' is a book, a movie, etc. but the 'saying'
>> can be used for other
>>> things, and the FONT macedon is an 'established'
>> font-they can't stop
>>> anyone from using it....
>>> use your judgement!
>>>
>>>
>>> From: "image embriodery"
>> <imageembroidery@xxxxxxxxxx>
>>> Reply-To: amayausers@xxxxxxxxxxxxx
>>> Date: Mon, 18 Jul 2005 11:03:48 -0400
>>> To: <amayausers@xxxxxxxxxxxxx>
>>> Subject: [amayausers] Lord of the rings???
>>>
>>>
>>>
>>>
>>> Can I use the phrase "Lord of the
>> rings"....Macedon font...single
>>> color?? Is this still considered copyright
>> infringement?
>>> Please advise!
>>> Thanks...
>>>
>>> LuAnn @ Image Embroidery
>>>
>>>
>>>
>>>
>>>
>>
>>
>>
>
>
>
>
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