Budsoda

Is this Copyrighted...? where did it come from

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I have a Question about this eps file... I listed it on ebay friday and now this guy is telling me it's his design and he has it copyrighted... So I told him to send me the copyright info so i can check it out.. so now me is mad about the hole thing..

has anyone every was this file are no if it in a cd set or not..?

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Guest stunad, jr.

Sigh......ebay I take it?

Ebay and decals dont mix.

Unless, of course you are selling something you made entirely yourself.

Word to the wise...  If you didnt make the design, don't try to sell it on ebay.

Your days will be limited.  :P

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just because someone says it is,doesn't mean it is. If he got mad because you asked for him to provide you with the info, I expect there is a reason. There are a LOT of people selling stuff that has been around for ages and claiming it as their own. I have seen people claim ownership of stuff that Microsoft offers in their free clipart gallery.

Question is...where did YOU get the image?

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well, can't vouch for where helpinghand got it but you can't always depend on anything posted here being free to use. When I post something, I make sure it is.

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second that bannerjohn i looked at some of his stuff and i have seen some of years and he has some stuff that says new and the same stuff is on here about the same time he had it he most likely jack it he and and his copyright cover i can add a copyright cover to all the stuff on this forum and say its mine i would not wary about it i would just stay of ebay wary only if he can prov it is his if it is his he will said you something fast to prov it but he does have his stuff were you can not steal it easy

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it just kills me that ebay has made billions off of stuff like this (and knock-off merchandise) but they will only go after someone if there is a complaint. I see sellers with 1000+ negative feedbacks in a year and because they sell high volume,ebay could care less.

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You are right John.. other seller on ebay get jealous of somone else design work.. maybe because whey don't want to do the design work them self or maybe they don't know how to.. so then they file a complaint about it.. it just make me so mad

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some of his stuff looks like it came from sign torch. They have a lot of vector art that appears to look just like his stuff.

That what I was thinking I have one of signtorch frist cd it's about 2 years old.. signtorch designs are very nice..  I know signtorch has alot of new vector now that i need to get..

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Guest stunad, jr.

did ebay remove your listing due to VERO, or did this knob just email you saying it was his artwork?

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some of his stuff looks like it came from sign torch. They have a lot of vector art that appears to look just like his stuff.

That what I was thinking I have one of signtorch frist cd it's about 2 years old.. signtorch designs are very nice..  I know signtorch has alot of new vector now that i need to get..

I have been thinking about gettin some of their cd's as they have a lot of files, and they are fairly cheap.

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Guest Schramm

My Uncle Leo is a copywrite attorney and I can tell you that the majority of this sharing art on the site is against the law.  You do not have to place a copywrite on each image you just have to design it.  If you did not design it or if you added something else to someone elses design you cannot use and or sell it.  Just because someone gave it to you and it was passed around does not by any means make it your property!  Sorry to say it happens all the time and I will put it to you like this:  If it was your design and some stole it from you what would you do?

Personally I sell silhouettes myself that are not my designs but I have purchased the software which gives me limited rights to the use of the image.  By placing it on ebay without permission you are actually putting yourself in a position to get sued.

The guy that you are getting emails from I belive sells the vector images on ebay at a very reasonable price and that allows you license to use the images and sell the cut vinyl HOWEVER you cannot reproduce the disc.  Most of the time I sit back on the sidelines on art but I do think it wise you know that if it is someone elses property and you have not paid for the right to use it you are putting yourself it the target for a major lawsuit especially if you are doing it as public as ebay.

Why not just take a little time and design your own or buy it and play it safe.  There are a huge number of great design books starting with Dover (very inexpensive), Ultimate Design (this company is from Bulgaria) and I own about 5 of there books but they are more costly about $150-300 each however they are vinyl ready designs, Roland Vector Art books are GREAT and you can get them for I think $250 for all 4 collections, Corel Draw x3 comes with I think about 4000-5000 vinyl ready designs along with their software (cost about $69 on ebay), then there is websites like www.istockphoto.com, www.Vector-Art.com and there are many many more.  I know times are tough and money is tight but you have to respect the people that have made these books and designs as well.

Either way you do it if you keep it off of ebay and just use that in your day to day from your normal business you will be fine!

Rob

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This topic reminds me of the time a guy emailed me and threatened to sue if I didn't cease and desist(sp). I was ordering pocketed golf towels and monogramming them for sale on ebay. This guy claimed to have invented it. I'd been buying them for years , and they were in the towel company's catalog. I called them, and they were to follow up on it. I never heard back from either. I did stop immediately selling on ebay though, just in case he was really the owner of the patent.Sandy

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Guest Schramm

That is really not the same thing, if you purchaced from a catalog and did the embrodery with your own designs, monograms, initials and so on then there is no copywrite to it.  This subject is more on the lines of taking art that does not belong to you that you did not pay for the rights to and using it as your own.

Here is a good example:

Ultimate Design Catalog has about 13,000 images in it.  If you buy the book you are allowed limited rights to use the images and sell them as CUT VINYL.  Now as long as you do that and keep that the way you are doing it then that is fine.  Now if you go to their website they have some freebees.  They are only there for you to test cut so that you can see the quality of the art.  Many people (myself included) take this free art and re-sell it as cut vinyl.  Is it right?  Probably not, but they shouldnt just set it there for free sample. 

Here is where the problem comes in:  I own the book, you come to me and say hey I need some art and I sell you the images on a disc.  I can even take it one step farther, and that is just giving you images (3-5) from the book.  The idea of that catalog is to get sold for profit, by giving your images away you are taking away income from the designer which is the shortest form of the word is theft.  Now what is the chances of getting caught?  I dont really think that is the point, the point is now and will be is it ethical to take from a persons livleyhood for your own personal gain?  If you can think of it that way you will always be able to determine if it is or isnt copyright infrigment.

Rob

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schram-  do you have the website for Ultimate Design Catalog ?  I tried googling but could not find it.  Thanks

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Guest Schramm

Here is a website with so much stuff that it will just tossle your mind and your pocket book.

http://www.clipart-design.com/ this is the Ultimate Design

ThorsFoundry,

I dont know what to tell you.  Back about 8 years ago if I could cut it I would install it!  Now I am very very careful.  Company logos are just that, the property of the company!  Anything Disney is way off limits!!!  I have seen plenty of companies using Pro Sports logos and such and that too is asking for it.  Now as for the kettle in the sign that you are doing for a client?  Well I guess as long as you did not take that image of the kettle out of someone elses logo or artwork that directly relates to their company you should be ok.

I sign company about 3 hours from me in IA just had 3 company members arrested and indited for using Harley Davidsons and NFL related cut outs.  You just cannot do it!!!  My suggestions to all that read is to make your own, buy books with them, pay someone to design them or get out of the business as if you are going to base your business practice out of stealing designs and applying them to your stuff and calling it your work you will be put out of business in time anyway!  Just my 2 cents!

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Guest Schramm

So then, How does one go out and solicit the big names to get "officially licensed"?  Moving away from vinyl to say, cast aluminum ..say..breather covers..?  Say I had a kickass breather cover that I cast and wanted to put HD's logo on it.  How does a person ask the company?  Do they balk at people who would sell less than 1000's of them? 

This could turn into a really good discussion but one that you will not like the outcome of.  Harley Davidson will never let you make parts as they make parts, making 1, less then 100 or over 1000 is not the issue.  If you were making it for your bike then no problem.  If you are making them for profit with HD's logo on it then you are going to have issues.

This is one senerio when you can cut HD logo:  If you are working doing signage for a HD parts dealer or authorized HD dealer you do not have to have permission.  If you are doing a floor logo for a HD employee you can do it with a limited license.  But other then that you cannot make parts for PROFIT at all.

I've yet another (2) questions concerning copyright..  This bus I want to do - I had originally thought I'd take a picture of the bus' side, go into Corel and trace the letters there, and make a replacement vinyl in the correct color. 

This whole copyright thing brings to MY mind two different items:

     1).. After studying for a font I could use to replicate the previous sign company's lettering,

I've found that indeed, yes, the font used was "BrushScript" style..albeit, stretched WAY out -

almost making it almost a different font. 

If I buy the font and use it, that is okay so long as the license says so..  But I changed it.  BannerJohn says so! :thumbsup:

As far as fonts go, I wouldnt worry about them!  There are many out there that you cannot use such as Disney's font, but even that one I cut kids names out for wall designs and have never had an issue.  If you buy a font (I have bought and paid for quite a few) dont share them and dont make a disc and sell fonts either (someone from Ebay just got 10 years in prison for doing just that).  BrushScript comes with most computers making it royality free.

     2)... If the sign company already did the bus, but I'm just re-doing it exactly but in diff color,

am I "stealing" the design from them? 

I'd almost have to think so, because I am gaining profit for someone else's "design".

I decide I want to use a diff font, stretch it and pay for it, etc.. Then it's "my" design?

Kinda funny but actually NO you are not stealing anything as you are doing it for the company, that company paid for that to begin with and it is their right to hire who ever they want and if they want the same thing it is their design to have you remake!  Since it is their company they have the rights to their artwork and therefore you are not doing anything wrong.

or what?

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Guest Schramm

Going a little deeper into the HD question, there are many reason why companies like Pro Sports teams, beer companies, and automobile companies dont let you reproduce there stuff.

Let me start with warranty, the assumption is that if it has HDs logo on it then it must come from HD.  Then there is the fact if you are making breathers with HDs name on it then HD is loosing sales against someone that does not work or is not affiliated with HD.  There are a ton more info but a lot of this comes down to warranty and branding.  If you made these parts and would be putting HD logo on it you would basically be telling anyone that buys it, that it is a true HD part as it has there logo.

Now there is a way around it.  If you make a breather that fits HD motorcycles and just had a Bad Ass design engraved into it and did not have Harley on there at all then you are just producing an aftermarket part which has no copywrite.  Many companies make aftermarket parts and have no problems at all.  If I were you I would make the breather with a skull design or a nude lady silhoutte.

Then there is one other issue:  How are you going to market it?

It may be a aftermarket part but you could not list them on ebay with the word HD in the title at all!  You could take them to a local HD dealer and see if they may have interest in them but most of them only deal in HD parts.

Harley Davidson is kinda like Disney as it is a highly branded name and a company with enough money to ruin your life in about 10 seconds without thinking about it!  I would just give up the idea if I were you but that is just my 2 cents.

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Here is a website with so much stuff that it will just tossle your mind and your pocket book.

http://www.clipart-design.com/ this is the Ultimate Design

ThorsFoundry,

I dont know what to tell you.  Back about 8 years ago if I could cut it I would install it!  Now I am very very careful.  Company logos are just that, the property of the company!  Anything Disney is way off limits!!!  I have seen plenty of companies using Pro Sports logos and such and that too is asking for it.  Now as for the kettle in the sign that you are doing for a client?  Well I guess as long as you did not take that image of the kettle out of someone elses logo or artwork that directly relates to their company you should be ok.

I sign company about 3 hours from me in IA just had 3 company members arrested and indited for using Harley Davidsons and NFL related cut outs.  You just cannot do it!!!  My suggestions to all that read is to make your own, buy books with them, pay someone to design them or get out of the business as if you are going to base your business practice out of stealing designs and applying them to your stuff and calling it your work you will be put out of business in time anyway!  Just my 2 cents!

OMG Schramm why did you have to point us to that web site? LOL!!! I'm buying a flame set for 209.00. Geeze! LOL!!! Seriously thanx for that they have some really cool stuff!

Renee

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Guest Schramm

BannerJohn,

I agree he should do the bus!

Renee,

Awesome website huh?  I have 4 of their collections and they are worth each and every cent you invest.  True vinyl ready art with just the right amount of nodes so there is no reason to have to clean up the art!

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Guest Schramm

Disney is great on vacation but if you try to get permissions from them on anything they will toss a red flag on everything you do!  I am not kidding, they watch your website, find posts that you wrote and can make your life a nightmare.

Honestly I do not blame them for being so protective as they have a rep to protect that deals with children!  People have cut out Mickey flipping the bird or peeing on things and though from a distance (outside looking it we get the joke) it may seem funny Disney is protecting the kids as that is not the branding that they want!  Now I doubt that Disney would care if you put a big vinyl Mickey on your kids wall but you have to understand they are going on what 70 years?

I hope that no one is reading this as I am the copywrite police as that could not be further from the truth but if I am asked I do not want to send anyone down the road where there is a bridge out.  Many of the questions come from Newbees and I feel that if I give them wrong info to start and that is the way they begin they will just keep having bad habits so I would just rather lead you to the correct answer and let you make your own choice.

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