[amayausers] Re: Lord of the rings - My experience
- From: "Jeff Banks" <banksje@xxxxxxxxxxx>
- To: <amayausers@xxxxxxxxxxxxx>
- Date: Mon, 18 Jul 2005 13:30:34 -0600
Roland,
Does this all not depend on the type licensing? Many of the Copywrited type
of items have contracts that give exclusive rights to certain vendors and
these vendors protect these rights to the hilt as they pay money for these
rights. As you have no idea what the licensing is for this item, you have no
idea how vigorous it may be protected. As I stated before, you may not even
end up in court, but just the cost of legal counsel or representation to
reply to some of the letters, or look into what is what can exceed any
profits you would get for doing a hat and a couple of shirts. And now that
it is known on the Internet you may be doing it, hmmm, why would you even
put yourself in jeopardy for such a small order? Chances are you are not
going to have anything happen, but is it worth the gamble?
You sound just like my significant other who has always scoffed at the law
to wear seat belts saying "it should be her choice." Not that I disagree
with that thought, but the thought is not worth a $50.00 fine for something
so trivial. She has gotten away with it for years, and last week she finally
got stopped and ticketed. Now she is going to pay $$$ for her choice. The
funny part is that she is always reminding our daughter about it as well. I
can tell you, she still has not heard the end of it from her! LOL Sooner or
later it comes back. ;)
There is a very well known embroidery design company out of San Diego, CA.
that gives seminars about this topic. If you think that you cannot get
caught in something very trivial, I suggest you write them and ask. There is
a reason they give seminars on the topic!
Another lady I am familiar with who is a member of a couple of other lists
used material bought from a fabric store that had Disney characters on it.
Even though it was sold to her by the fabric store, she got caught in the
middle and it cost her plenty. I am sure if you inquire on these other lists
you can get the full story, but the bottom line is that for most, it is not
worth the trouble to find out.
Jeff Banks
----- Original Message -----
From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
To: <amayausers@xxxxxxxxxxxxx>
Sent: Monday, July 18, 2005 12:05 PM
Subject: [amayausers] Re: Lord of the rings - My experience
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
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