kenimes

Do not post copyrighted material

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Brandsoftheworld is different as they are not selling the logos/images..

When u buy a collection of images on disk, the person or company selling that collection had better had permission to use and sell such images in the collection...otherwise they are breaking the law first by selling it and making a profit.

Now if u assume the company has permission to sell the images in the collection and market them as a collection of images to be cut and reproduced, hopefully the copyright owner would be aware of this and be ok with it, otherwise he/she would soon be flooded with calls and emails asking for permission all over again.

Thats just the way i see it tho.

If i created a bunch of images and someone came to me asking for permission to sell them in a large collection and i gave him permission, i would or should be smart enuff to understand that when he sells it to others that essentialy i am giving them permission to use it as well.

Cuz i wouldnt want thousands of calls and emails from everyone who buys the collection asking for permission...

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Also im surprised brandsoftheworld hasnt got shut down....its the whole "beware of dog" sign theory....u know u have a dangerous dog..lol...by brandsoftheworld having that disclaimer they acknowledge the illegal stuff. Did they get permission to use and giveout all those logos?

By having their disclaimer they are aware they may be encouraging the illegal use of the logos, if they didnt have the disclaimer then they could say otherwise..

By having a Beware of Dog sign u are admitting u have a dangerous dog...if it attacks someone then u cant say u didnt know your dog was dangerous..

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They remove anything that they are asked to but they are more like a digital library, when you take a book out that doesn't give you rights to the content just a reference or resource.

Jay

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Everyone is entitled to their opinion on how they think copyright should be handled.  Unfortunately, our opinions, no matter how logical or practical they may be, mean nothing in the eyes of the law.

 

It amazes me the amount of incredibly misinformed information that comes out of some people. Don't ever assume that because someone else (or some other website) is "getting away with" something that it means it is OK for you to do the same.  Unless you have done the research to determine if a vendor or site is licensed, don't assume they are not, and don't assume that anyone else's actions are illegal.  If you see a guy in selling every possible NFL, MLB, NBA, NHL, etc. logo out of the back of a rusted out van, then it looks illegal - but it's entirely possible that he is a licensed professional and his professionally wrapped 16' box truck is in the shop getting a new transmission and he is still out there busting his hump making money to afford the repairs.

 

If you are not a legal expert, or at the very least, knowledgeable about copyright laws, then don't make claims that you're not 100% clear on.  If you have an opinion, then state "I have an opinion!" but do not say "That site is illegal!", "I can't believe that site hasn't been shut down yet!", etc., because you don't know what's going on.

 

People who live in glass houses should not throw stones.  If you go around posting copyrighted images on websites and claim they are your own, then you don't get to point the finger at others when you think they've done the same thing, especially if you don't know, or can't understand why what they're doing may be perfectly legal.

 

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Brandsoftheworld is different as they are not selling the logos/images.. When u buy a collection of images on disk, the person or company selling that collection had better had permission to use and sell such images in the collection...otherwise they are breaking the law first by selling it and making a profit. Now if u assume the company has permission to sell the images in the collection and market them as a collection of images to be cut and reproduced, hopefully the copyright owner would be aware of this and be ok with it, otherwise he/she would soon be flooded with calls and emails asking for permission all over again. Thats just the way i see it tho. If i created a bunch of images and someone came to me asking for permission to sell them in a large collection and i gave him permission, i would or should be smart enuff to understand that when he sells it to others that essentialy i am giving them permission to use it as well. Cuz i wouldnt want thousands of calls and emails from everyone who buys the collection asking for permission...

 

I completely discredit everything you say when you use words like "enuff" and "cuz". Texting is killing intelligence...

 

BOTW is not encouraging copyright infringement by posting the images for a free download. Like Jay said. They are more of a vector library for people to use when they have permission. What you do with the image is your responsibility. Not theirs. I don't even think they need the disclaimer.

 

I don't know why this copyright thing is so hard for you to grasp. 

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Coaster36: Learnnc.org has a pretty good right up of copyright law. From their website: http://www.learnnc.org/lp/pages/4455 They also list other sources of information at the bottom of the page.

 

What is the character of the use?

Educational, non-profit, and personal use is likely to be considered fair use; commercial use is not.

  • Personal use includes uses such as making copies for one’s own files or using the copyrighted material in a paper written for a class (but not otherwise shared). For example, to use a copyrighted image in a research paper or multimedia project created for a class is personal use, but if the paper or project is posted on the web, it is legally published, and this use no longer falls under fair use.

 

So my understanding is you can make anything for "YOURSELF", not your friends, family or whomever, whether sold or given away for free.

 

Gcextreme answered my question pretty good I think. As long as the person or company selling the clipart package has obtained the proper permission, when you buy the clipart you are buying rights to the work within that package. Also, if you are sued and prove that you purchased the clipart from source x with the reasonable belief that your purchase included rights to reproduce the work, you can not be held responsible for copyright infringement. The person/company would be held liable.

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Coaster36: Learnnc.org has a pretty good right up of copyright law. From their website: http://www.learnnc.org/lp/pages/4455 They also list other sources of information at the bottom of the page.

 

What is the character of the use?

Educational, non-profit, and personal use is likely to be considered fair use; commercial use is not.

  • Personal use includes uses such as making copies for one’s own files or using the copyrighted material in a paper written for a class (but not otherwise shared). For example, to use a copyrighted image in a research paper or multimedia project created for a class is personal use, but if the paper or project is posted on the web, it is legally published, and this use no longer falls under fair use.

 

So my understanding is you can make anything for "YOURSELF", not your friends, family or whomever, whether sold or given away for free.

 

Gcextreme answered my question pretty good I think. As long as the person or company selling the clipart package has obtained the proper permission, when you buy the clipart you are buying rights to the work within that package. Also, if you are sued and prove that you purchased the clipart from source x with the reasonable belief that your purchase included rights to reproduce the work, you can not be held responsible for copyright infringement. The person/company would be held liable.

 

Worst advise ever in my opinion. I highly advise you not do anything you just suggested. And yes you will be held responsible and you wrongfully used someone else's work/art/branding/whatever to better your business. Just cause you bought it in a logo pack does not mean you can distribute it. 

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Even reproducing for yourself I would suggest against as with this equipment you have the capability to mass produce and that alone might be enough for legal worries when you have the files in your possession. 

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Gcextreme answered my question pretty good I think. As long as the person or company selling the clipart package has obtained the proper permission, when you buy the clipart you are buying rights to the work within that package. Also, if you are sued and prove that you purchased the clipart from source x with the reasonable belief that your purchase included rights to reproduce the work, you can not be held responsible for copyright infringement. The person/company would be held liable.

 

And this is exactly why I said that people who don't understand copyright law shouldn't go online and give legal advice.

 

When you buy the clip art, you are buying rights from whoever sold you that artwork.  If the seller doesn't actually have rights to that artwork (i.e., all of the copyrighted logo designs they include) then you do not end up with rights to use those designs, regardless of the fact you paid money for them.  Only the original holder of the copyright can extend that right to you.  If you have purchased clip art containing copyrighted images, then you should contact the company that sold you the art and confirm that they have a license that allows them to sell you the rights to use that logo.  I'm 99% certain that if you receive a response, it will be of the "No, those logos are copyrighted and are provided only for your convenience - if you get sued, you're on  your own - KThxBye" variety.

 

Copyright licensing is expensive - prohibitively expensive for most small businesses.  Licensing almost always requires prior approval for use, submitted samples of every design, etc. before it can ever be advertised or sold to the public.  If you bought a CD off of ebay and it came with a 4th generation photocopy of a license agreement claiming that the art work collection is copyrighted by them and you are not free to re-sell the art files themselves, then you almost certainly do not have the licensed rights necessary to use that artwork.  A close reading of the license will show that they refer to the "collection" is copyrighted, meaning they put the files together and made a "collection" and they hold the copyright on that particular "collection" but don't necessarily hold any copyright(s) to the images themselves.

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Just trying to learn and get the whole copyrighted material thing down. I seem to be finding a lot of conflicting information. My last post should have had a lot more ? marks in it.

 

My point from my first post was simply trying to figure out if I were to buy the collection, would that give me rights to reproduce the work. Answer: NO 

 

Thanks for all the help on this issue and I will most certainly be sticking to my own creations and doing work with the local small businesses that have contacted me.

 

As you probably can tell from my avatar I am a United States Marine Corps veteran, and I am currently going to college for my criminal justice degree then off to the police academy... The last thing I need is a lawsuit or criminal charges because I misused some elses work.

 

I also posted my last comment before I seen the other posts below jbird. For some reason right after I posted the rest of the posts appeared.

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I wasnt intended to give anyone legal advice.....

I was just stating that when u buy clipart packages you can sssume the seller of the package got permission to use and resale the stuff from their owners...and the owners would want to know what the seller is going to do with them, as in re-selling them....

It would be kind of stupid for me to say "here u have my permission to use this and resale it and make money, but the people who buy it from you dont have my permission to use it". If this was true, then the seller would never sale any because why would someone want to buy it if they cant use it?

Of course then theres the fine print, maybe they can use it only for personal use....

That would have to be in the contract tho.

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Remember what they say about assume, you mak an ass u me. People lie, cheat and steal everyday and saying it's OK doesn't make it OK. 

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USMC logo use info

http://www.hqmc.marines.mil/divpa/Units/MarineCorpsTrademarkLicensingProgram/ApplyNow.aspx

From reading that if your business makes under $5k u are considered a "hobbyist"..anything over $5k u need a small business license.

Mr300s  sells USMC  decals and had to get a license.  And he is by no means a big seller... Just saying.....

 

 

And if you read that agreement on Hobbyist...  It says NO RETAIL SALES...

 

Hobbyist License Agreement - No application required. Hobbyist License Agreements must be hand made (no manufacturers), less than $5k in company sales annually, direct sales only (no retail sales), products must be hand made or repurposed using licensed materials (Don't aid infringement), no hang tags required, no product liability insurance required, agreement is non-negotiable. Click Here to download a Hobbyist License Agreement.

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Yeah...i know..i read that..but they dont define what a retail sale is..it says direct sales only...which means what?? A customer comes directly to me for a decal?

How much was Mr300s license?:huh:

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Lol what i find confusing is it says the logos are owned by the USMC and well the government owns the USMC and the people own the government, a government by the people, for the people, and etc...

Lol go figure..haha

What about the US flag. .isnt that copyrighted and trademarked too!!

These logos and flags and state/country items were mostly all created decades ago, back before such copyright laws came around....

When the flag was created it was intended to belong to the country to the people..etc..

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Yeah...i know..i read that..but they dont define what a retail sale is..it says direct sales only...which means what?? A customer comes directly to me for a decal? How much was Mr300s license? :huh:

Direct sales.  selling out of the back of your truck.....  yard sale.. From you, directly to another person, nothing in the middle. .   When using another option like Ebay, it would be a retail sale..

 

Although I do believe I know the answer to that question, of how much was the license.... I will let Mr300s answer that question, if he so inclines.

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The design of the flag itself is NOT copyrighted  (the pattern)

 

Certain images that utilize the flag design can be copyrighted.  (for example, a graphic of a waving flag)

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Lol what i find confusing is it says the logos are owned by the USMC and well the government owns the USMC and the people own the government, a government by the people, for the people, and etc...

Lol go figure..haha

 

lol... good point there... I look at it as I paid for that symbol with my blood... they tell you "always earned never given" as an being an injured combat vet I earned that symbol...

 

Though I'm not looking to sell the Eagle Globe and Anchor anyway.

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So are all the cars, equipment, buildings. etc.   Go take one, and see what happens...LOL

 

Direct Sales is the act of selling products away from a retail location, a storefront. So basically it is selling products one on one to people from your home. This could involve door to door selling or presenting and selling at a consumer's home.

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Not that I have never broken the rules but I turn down a decent amount of people requesting copyrighted images like Metal Melisha, DC Shoes, and so on. It burns me up that all they are going to do is go to the mall or the shop down the street and get it but I am a pretty honest guy that doesn't want to get busted. Every other freakin car in my town has one or all of the popular ones and I always think, gees I know they didn't get that from the manufacturer! 

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I try to take the high road but everyone does a no-no once in a while. You have to judge who you're doing it for and decide if it's worth the risk. No matter how much we talk about only you can decide where you fall in the copyright mess.

 

Jay

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I try to take the high road but everyone does a no-no once in a while. You have to judge who you're doing it for and decide if it's worth the risk. No matter how much we talk about only you can decide where you fall in the copyright mess.

 

Jay

Its just not worth it at all for me. Even one mistake can have dire repercussions for me. I will just stick to making my original art and original logos, which I enjoy more than copying and cutting anyway.

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