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Cannot sell Copyrighted Materials? Copies or the ORIGINALS
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AdornItAll



Posts: 42

PostPosted: Sun Feb 24, 2008 4:38 pm    Post subject: Cannot sell Copyrighted Materials? Copies or the ORIGINALS Reply with quote

I was just reading the user agreement (skimmed it the first time) and noticed this in prohibited items -

Quote:
3.3 What is not allowed to post?

- Body parts & organs
- Pirated materials and products
- Copyrighted Materials (images & texts)


So much is copyrighted! Does this mean I cannot sell the original item either? I totally get that I cannot sell a repro of a copyrighted item (I'm kind of a fanatic about that because I've had my original stuff purchased and the buyer use it/them to copy to sell repro's) but what about the originals?

My interest - I have a lot of sheet music and a lot of other paper goods like Postcards, books, magazines, old needlework magazines etc. I want to sell the originals but they are all copyrighted items.

Does this mean COPIES of copyrighted items are prohibited or the original item itself.

I don't want to make a big presence here if it means the original item itself.

AdornItAll
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thelivesandlovesofmaggiethecat



Posts: 10158

PostPosted: Sun Feb 24, 2008 5:28 pm    Post subject: Reply with quote

All the book and postcard sellers would be in big trouble if it did. It means you can't copy the materials and sell them or reproduce the graphics as designs for your greeting cards, party favors etc.

You also can't sell replicas/reproductions of copyrighted products.
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TexasTreasures
moderator


Posts: 3467

PostPosted: Sun Feb 24, 2008 5:49 pm    Post subject: Reply with quote

There are some craft dealers here selling clip art they have made by photocopying original pieces of ephemera they have in their possession...a no-no. I thought about doing that for about 30 seconds once...but prison orange makes my skin look sallow.
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debmode



Posts: 169

PostPosted: Sun Feb 24, 2008 6:21 pm    Post subject: Reply with quote

You can purchase Image Cds where the images can be used. I know I e-mailed the company to made sure they could be reproduced and could be sold.
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TexasTreasures
moderator


Posts: 3467

PostPosted: Sun Feb 24, 2008 6:53 pm    Post subject: Reply with quote

Those are royalty free clip art collections-not the same thing at all. I'm talking about arranging your greeting cards, old ads, etc, on your scanner, and then selling the scan or a print out of it. That's copyright infringement.
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AdornItAll



Posts: 42

PostPosted: Sun Feb 24, 2008 6:59 pm    Post subject: Reply with quote

Well big phew on that! I didn't think it could mean the original items, but you never know. Literally read, it mean Originals = No no.

On that ephemera on cd's - if the original is out of it's copyright, it's fine to sell it as they do. That said, I don't know how they would actually KNOW though because it depends on the date of original publication, whether it was marked copyrighted, and then perhaps whether the copyright was renewed or it lapsed, if it fell within one of the brief bands of years when it had to be renewed. Gee.

It's hard enough to know if something published by a company that is still around is still under copyright without doing some extensive research with that company directly or via the Library of Congress etc so I cannot imagine how someone would research some ephemera that might have been marked c1937 with no further distinguishing marks like the owner's name. But anyway, that's their issue and their moral compass that needs to be set.

But I'm good to go, I'm selling originals. What someone does with them once they leave my hands isn't my business or worry.

Maybe they should reword that prohibition to something like -

Quote:
Reproduction, by any means, of materials under copyright protection (images & texts)


AdornItAll
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thenostalgicnugget



Posts: 425

PostPosted: Sun Feb 24, 2008 7:03 pm    Post subject: Reply with quote

Adorn, we have a vintage blog where I put links to shopping for vintage, would you like me to add you? It just means additional coverage.

You can see it here

http://thenostalgicnugget.blogspot.com/

let me know Very Happy
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TexasTreasures
moderator


Posts: 3467

PostPosted: Sun Feb 24, 2008 7:09 pm    Post subject: Reply with quote

What I do with my stuff is scan it to keep and use on my own things around the house-not stuff I sell. Then I sell the originals, unless it's something really cool I have to keep.
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hoodat-teeshirts-andmore



Posts: 444

PostPosted: Mon Feb 25, 2008 3:07 pm    Post subject: Reply with quote

If you go back far enough (Say Victorian era) post cards and greeting cards are in the public domain and you can freely reproduce them. There are exceptions so be sure to check first.
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AdornItAll



Posts: 42

PostPosted: Mon Feb 25, 2008 5:40 pm    Post subject: Reply with quote

Hi Nostaligic -

My daughter told me, this weekend, about the Stuff White People Like but I didn't have time to go check it out. So I pull up your blog, and voila! There it was. And you ar right, if you can't laugh at yourself, well, that's just sad.

Anyway, I didn't see your links to vintage, but maybe I didn't dig far enough? I'd love to be added since that's what I sell!

Thanks, and thanks for the laugh.

AdornItAll
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AdornItAll



Posts: 42

PostPosted: Mon Feb 25, 2008 5:47 pm    Post subject: Reply with quote

Hi hoodat -

Well sure, Victorian era is certainly in public domain. The copyright laws don't really kick in until 1923 publication dates. That's easy. It's the in between times that can be tricky - for example if published between 1923 and 1963 with copyright and that copyright was not renewed - into the public domain.

If that 1923-63 era copyright was renewed though - and here is what is very hard - how do you find out especially if the company is not currently in business but perhaps merged into someone else who has renewed it? If it was renewed - by the original copyright owner or a subsequent owner - the protection is extended for 95 years pas the original copyright date. So the earliest available date would be year 2018 for something published in 1923! I hope to be retired by then.

But the hard part is, how do you know where to go to find out?

I don't know the answer to that, it's rhetorical. Library of Congress but not everything is formally registered so that's not the answer.

I dunno.

AdornItAll
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TexasTreasures
moderator


Posts: 3467

PostPosted: Mon Feb 25, 2008 6:22 pm    Post subject: Reply with quote

It all comes down to using a little common sense. I certainly wouldn't run around accusing folks of copyright infringement without being sure of myself. People don't like unjustified accusations.
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thelivesandlovesofmaggiethecat



Posts: 10158

PostPosted: Mon Feb 25, 2008 6:54 pm    Post subject: Reply with quote

But also use your head when people are using current cartoon characters and super heroes and saying they have permission from Walt Disney, Pixar, etc.
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TexasTreasures
moderator


Posts: 3467

PostPosted: Mon Feb 25, 2008 7:02 pm    Post subject: Reply with quote

True-I still have a hard time believing that one is for real! but there's a big difference between selling hundreds of copies of Disney characters, and making a photocopy of a label to stick on your own personal candy jar.

On a similar note...did you know that if you show a movie to your class, sunday school class, etc, or a kid's party, that is the same thing. It's illegal to use that movie for anything but personal use, just as the warning at the beginning of the video says. Teachers have been sued for doing it.
As I said, use a little common sense. Personally, I don't show any movies that don't belong to the school..they were bought for school use and are therefore permissable. It's the law..you buy something for personal use, you use it in your home as you see fit. But don't try to make a profit on it or pass it off as your own work. This comes under the 'fair use' rule..if you only use a minor portion of a work, or it's a minor portion of say, a collage, it's fair use. If you use it solely for personal use-like a copy of a poem you decorate and hang in your bedroom-that's fair use. It mostly comes down to are you making a profit off the copy, or preventing the owner from making a profit by using copies? Again, teachers may copy some workbook pages in books that give permission, in an emergency such as running short of workbooks, or not enought copies of music for all the high school flute players...but if you buy one copy of the flute music and make 20 copies to save yourself money-that's not fair use.
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gypsymart



Posts: 24

PostPosted: Thu Feb 28, 2008 1:59 pm    Post subject: Reply with quote

thelivesandlovesofmaggiethecat wrote:
But also use your head when people are using current cartoon characters and super heroes and saying they have permission from Walt Disney, Pixar, etc.


I was a marketing manager for a cable company in what used to be a very small town for over 20 years. (Those days are gone as our county in SoCal became the fastest growing county in the US for awhile). Cheaper housing.

Disney was the absolute WORST to work with. When we launched The Disney Channel when it first started, all the city councilmen came along with over 2000 people. Very Happy

Anyway, we had a cake made at a bakery whith a pic of Mickey on it. The rep that was there (with Disney's costumed Mickey & Minnie) practically had a heart attack when she saw the copyright symbols weren't on the cake! Like we would know! Question Question

I can't imagaine it would be a problem if whatever was produced by Disney to begin with (a book, a souvenir, etc). You just aren't supposed to take an image and say, make your own greeting cards and sell them.

Sorry for the long post. Oh and the people that worked for Disney in any capacity (and may still do so) said it's defintiely NOT the happiest place on earth! Wink
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