Copyright Infringement

[DARRYL21270]

Just an FYI. These corporations can take everything from you if your selling items without their permission. If you think it can't or won't happen to you then your sorely mistaken. Harley Davidson is notorious for strict copyright infringement policies. I know because early on I was making and selling HD signs until I got a letter from their legal dept. Http://www.creativeincomeblog.com/selli ... rked-work/

[Capstone]

This isn't new, but some members to Plasma Spider may be, so the message bears repeating. I never post designs here that are copyrighted in any fashion. I also won't even discuss with customers wanting to purchase designs from the following : Harlee, The big Mouse, any Niffle team or tier one college football school logos, not even as gifts from myself. Comics/Pop Culture stuff, Car/Vehicle Makers and Celebrities are all case-by-case

[DARRYL21270]

Thanks for replying. I see that the topic got a lot of looks but you and I are the only ones to say anything about it. I didn't realize when I posted this that another member created a similar thread with 0 responses. This is a very important topic of discussion and one that could save someone's business and assets if any of these companies feel like coming after them. Just because you may only be selling a few doesn't exclude you. They don't care.

[Capstone]

There are degrees of risk as with all things. Harlee is a big no-no, not even as gifts. That's why I don't even spell it properly; because they've got high-tech bots out looking for infringement and a team of lawyers at the ready.

[Bobcat320]

I have read enough on this topic here over the past year to be afraid...very afraid to cross that line.
About 5 years ago my daughter started cutting wine bottles and making wind chimes out of them. She put them on Etsy under the heading "Wine Chimes" and in less than a week had a certified letter from the lawyers who represented the company that had the copyrighted name "Wine Chimes" to immediately "cease and desist" or she would be sued. Needless to say, she immediately dropped her Etsy site!

[sawdust1]

My wife is a cardmaker, many of the rubber stamps she buys have an angel policy. They allow you to sell 10 or some number using that stamp and then you are supposed to stop. I would think that the big logos would encourage people, free advertising! I am putting a certain motorcycle logo on a big piece of marble that will likely be incorporated into a wetbar. I guess I will not be posting a picture! Too bad, looks sharp.
david

[abmetal]

How in the world is the stamp manufacturer or originator or whoever going to know how many times you've used it unless each card/item is posted or published?

A friend of mine purchased plans for a clock which stated he was allowed to make only 10, then he'd have to buy the plans again to make more. How are they going to know how many clocks he's made? Maybe I'm looking at it wrong but that sounds like a bunch of hogwash to me. If I pay for plans, stamp, or whatever, I' consider it's mine and I'm going to use it. That's as bad as the auto manufacturers saying we don't actually own our vehicles, we're just using them.

Allen

[mdwalker]

How in the world is the stamp manufacturer or originator or whoever going to know how many times you've used it unless each card/item is posted or published?

A friend of mine purchased plans for a clock which stated he was allowed to make only 10, then he'd have to buy the plans again to make more. How are they going to know how many clocks he's made? Maybe I'm looking at it wrong but that sounds like a bunch of hogwash to me. If I pay for plans, stamp, or whatever, I' consider it's mine and I'm going to use it. That's as bad as the auto manufacturers saying we don't actually own our vehicles, we're just using them.

Allen

When you purchase something that has terms and conditions that are known to you and presented to you prior to purchase then when you purchase that item you are accepting their terms and conditions. Once you purchase under those terms and conditions your "opinion" does not change those terms and conditions so long as they are in agreement with federal, state, and local laws. As far as enforcement, that would be hard to enforce and is mainly the "honor" system. Would I count the number of times I used the stamp or the plans? Probably not, but I would still be bound by the agreement that I purchased them under.

[little blue choo]

Count with me 1, 2, 3, 4, 2, 3, 4, 2, 3, 4, I'm sorry I have stuttered all my life. LOL

Ric Ric Rick

[Gustav129]

"John Dear" is another big one. My ex-gf's family own a quilt shop, and "John Dear" pulled production on fabrics because people were making crafts and selling them on Etsy, etc. The colleges followed suit, U of Washington was a big name that pursued people.

[tcmetal]

What about cutting out and selling of motorcycles, that are supposed to be a specific brand but does not bare their name? If that also a no no? I am very interested in learning more about this infringement stuff as I do not wish to get into any trouble doing something I am truly loving.

[Capstone]

What about cutting out and selling of motorcycles, that are supposed to be a specific brand but does not bare their name? If that also a no no? I am very interested in learning more about this infringement stuff as I do not wish to get into any trouble doing something I am truly loving.

I'm not a lawyer so beyond the obvious, you'd have to read up on the mfr's website concerning their copyrights.

[DARRYL21270]

I belong to a group on Facebook that is for people who make things handmade and they post all kinds of infringement. One woman today was selling st. louis cardinal purses and wallets that her and a friend make at home. Either people don't know or are just plain stupid. I'm guessing the latter.

[kdwilson33]

I'm new to CNC plasma world so this may be a dumb question but is it illegal to sell metal art that has signtorch images incorporated into the piece? Signtorch came with the machine which I purchased new from a manufacturer so I've paid for the program. Looking for an explanation in layman's terms por favor.

[little blue choo]

I'm new to CNC plasma world so this may be a dumb question but is it illegal to sell metal art that has signtorch images incorporated into the piece? Signtorch came with the machine which I purchased new from a manufacturer so I've paid for the program. Looking for an explanation in layman's terms por favor.

I also have sign Torch and it clearing states in the License agreement that you can make and sell physical, non digital items based on their product. You can not sell the files or distribute them in any way that would allow a 3rd party to produce products from them, so no sharing files on here that have sign torch elements in them.

Rick

[kdwilson33]

That makes sense, thanks for the info.

[poppopsworkshop]

I do several craft shows a year and Make my own products. But there is this guy who has tons on this trademark stuff that he make and totes to 6 show that I know of. One day he will get caught.

[Indycrawler]

I just bought a Plasma table and trying to learn what I can and can't do with copyright infringement stuff..... So just out of curiosity can you take unmentioned motor scooter company's back ground shield and put something else in it maybe????

[Joe Jones]

The motor scooter company that you’re talking about is very protective about their trademark and their logo, etc. There is no amount of money that would entice me to make anything that even resembles the designs that they lay claim to, because they have very high price lawyers who are very aggressive about going after people who do that. There are other things you can make to make money without worrying about being sued into oblivion.


Joe

[Indycrawler]

Thanks

[tcaudle]

The problem of copyrights is a lot of it is subjective. I t boils down to if a average person would confuse that reproduction as being the company logo . Sometimes it can be pretty vague and eve be the col ors or the shape or the combo. Bottom line is if there is a doubt you can expect to hear from their legal department. A copyright is not a patent and its granted automatically to the creator of the work. There are a couple of things the owner has to show : One that an average person would mistake the work to be similar enough to associate it with the original holder and/or it would confuse the average person to think its from the original work of art. While some things can't be copyrighted like natural colors and shppes in nature, they CAN be if they are unique enough or combined in a way to be unique. So a fire pit can't be copyrighted BUT the designs in the metal if they are unique can be.

Doing it as a small guy and cutting one would get you perhaps a letter to Cease and Desist but no further action unless you started cutting and selling (or giving away) more of them. Lawyers are expensive and its civil in nature so as Dillon said: "If you got nothing, you got nothin to lose"". The copyright holder has to prove its an infringement and they have to show "harm" and it's typically in a dollar amount.

All that being said if you want to cut a log for yourself and hang it on your shop or man cave then noting will come of it unless you start postin g it all over Social Media. OTOH is you advertise and start selling the item you have created "harm" that has a value and wil get you noticed.

Then you have Trademarks that do have be registered and carry a different level of both proof and liability. A LOT of material is Trademarked . Most corporate logos are a trademark.