JessXEmoji 46 Posted December 9, 2013 So its the photos its self that is copyrighted and not the person? If i hand draw lebron james holding a puppy i can sell it? Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 9, 2013 So its the photos its self that is copyrighted and not the person? If i hand draw lebron james holding a puppy i can sell it? Ask Lebron James......if you have permission to sell his likeness or image for a profit.. See what answer you get. Granting copyrights A copyright is granted when a photo is taken, whether or not the photographer registers the photo with the Copyright Office. However, if someone infringes on your copyright, you can only collect damages if your work is registered.Term of copyright A copyright lasts until 70 years after the death of the photographer. If the photo is a work for hire, the copyright is granted for 120 years after the photo is taken or for 95 years after it is published, whichever comes first. Share this post Link to post Share on other sites
JessXEmoji 46 Posted December 9, 2013 Yeah thats still talking about camera photos. Fan art is sold every day online from what I see. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 9, 2013 Yeah thats still talking about camera photos. Fan art is sold every day online from what I see. A picture that belongs to an owner can be sold, but it cannot be reproduced and mass sold. Without permission from the owner. I can sell you a real photo that I took, and you own that photo. And of course, you would want the original.With a guarantee that there are no more. That is the right I would selling. when I sold that photo. It is done everyday to television, newspapers , Books, magazines. etc. Share this post Link to post Share on other sites
jaybyrd 3,770 Posted December 9, 2013 Look at ebay or amazon. Just cause you see it there doesn't make it legal and people do get in trouble for it. Problem is there are more violators than enforcers so some take the gamble and cross their fingers. Personally I like my house and business and don't intend to lose them in a lawsuit. Share this post Link to post Share on other sites
Dakotagrafx 7,297 Posted December 9, 2013 look at it this way -- if you put other text in a Harley shield or make a jim beam looking label they will sue you - they have and they win. they own the right to the likeness of themselves and trademark images - if it reminds people as their image or logo you will lose. Seen on some other places where the rock people are cracking down hard again Share this post Link to post Share on other sites
JessXEmoji 46 Posted December 9, 2013 But if i draw the picture from scratch I am the owner and I can sell it. You can draw a eagle and somone could say you copied their google vacation picture when they seen a eagle. Whos to say whos right? In that case nobody can sell any picture. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 9, 2013 Go ask a copyright lawyer. They will give you all the info you need.... 2 Share this post Link to post Share on other sites
JessXEmoji 46 Posted December 9, 2013 <blockquote class='ipsBlockquote'data-author="dakotagrafx" data-cid="337076" data-time="1386607332"><p> look at it this way -- if you put other text in a Harley shield or make a jim beam looking label they will sue you - they have and they win. they own the right to the likeness of themselves and trademark images - if it reminds people as their image or logo you will lose. Seen on some other places where the rock people are cracking down hard again</p></blockquote> I agree with logos and names of products.. Im mostly taking about fan art of people, places and things like houses, cars, guns etc.... Share this post Link to post Share on other sites
jaybyrd 3,770 Posted December 9, 2013 Honestly we can only give our opinion, the only real answers will come from a copyright/trademark attorney. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 9, 2013 I have many photos on my websites of decals/images that I made. Real photos from my digital camera. I have a license to make these images from the owner, (of the images). Just any type of images. Eagles. flames, tribals. flowers, animals. Nothing specific, nothing celebrity, or logos, just everyday stuff. I imported these images into my design software, and altered the images to suit myself,and my business and took photographs of my laptop screen. Some were altered decals that I personally made on my vinyl cutter, and took photos of the actual decals. Some had my handwriting on them. These photographs were stolen and used on other websites by a party that did not have my permission. I was able to file on the photographs themselves. Even though they had removed the watermarks from my photos and took away the background of the photos by tracing the photos with a tracing software. I filed under penalty of perjury under Copyright laws, to these websites, and hosting services, that these were in fact my photos, and produced the original photos, Those services removed all of my photos from their websites and hosting services and suspended that person/business from doing type of business with them again. That person violated copyright laws by stealing my photographs/or likeness (tracing my photographs). Some were even my original designs stolen and being sold on other websites. My photographs are my property and are protected.under copyright laws. Actually I caught them pretty quick, they had only been up a few days. But I look for my stuff all the time. 2 Share this post Link to post Share on other sites
jaybyrd 3,770 Posted December 9, 2013 If you're gonna steal the people on here are not the ones to do it to. Think many on here including Mzskeeter and Dakota are direct descendants of Sherlock Holmes 1 Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 9, 2013 LOL, I actually got this message from another seller the other day, about a problem with a buyer, I won't post the user names. I showed it to Dakota. I had to laugh to myself., how true he spoke. "You should be a detective LOL. thank you so much for being aware for all of us sellers. Great job. I have also notified ebay few minutes ago. thanks" 2 Share this post Link to post Share on other sites
zayzay 1 Posted December 10, 2013 The crazy part is that there are so many websites out there that have been up for years that use copyrighted images for decals. They have disclaimers and all that good stuff but what i find interesting is how are they still operating with so many copyrighted images. Maybe its just luck. Share this post Link to post Share on other sites
jaybyrd 3,770 Posted December 10, 2013 The crazy part is that there are so many websites out there that have been up for years that use copyrighted images for decals. They have disclaimers and all that good stuff but what i find interesting is how are they still operating with so many copyrighted images. Maybe its just luck. That disclaimer has to be the funniest thing to an attorney because it won't hold water but like you said so many out there they literally can't catch everyone so many people hedge their bets in hopes of slipping through the cracks. Share this post Link to post Share on other sites
Go-C Graphics 856 Posted December 10, 2013 SO have to ask. How can you sell a picture of Labron James that you took BUT you can't sell a painting that you painted of his likeness. That's what you guys are saying right? Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 10, 2013 You could sell 1 individual of each picture, portrait. "The original, if you own it. You cannot mass produce that 1 photo/picture and sell them without permission of any person. But I am not an attorney.. Share this post Link to post Share on other sites
Go-C Graphics 856 Posted December 10, 2013 You could sell 1 individual of each picture, portrait. The original. You cannot mass produce that 1 photo/picture and sell them. without permission of any person. Oh I didn't think about it that way. What about magazines? How are they allowed to buy a picture and then mass produce it and sell magazines. Just stating this........... I'm not trying to start an argument. Just trying to have a friendly discussion. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 10, 2013 That is what the media does. Tell, show, everyone....the world. Different rules apply. They get sued like every body else, if they don't follow rules. Share this post Link to post Share on other sites
robertcadams 0 Posted January 9, 2014 Hello, I am new to this business and I have a question about this topic,So all the C.D.'s I bought on e-bay with all the corporate logos on them,I cannot cut and sell to a customer if they want one ? If it is illegal,How do you go about getting permission to cut it and sell it? Just wondering to keep myself out of trouble!! As I have invested $65,000.00 in new equipment and 1 of the things I planned to do was travel to car shows and sell decals and most of those were to be auto related parts and accessories suppliers for the automotive industry with very little in my opinion being custom made of my own design. So selling decals to the Snap-on man is not a good ideal even though he asked for them? Just wondering!!! Robert Share this post Link to post Share on other sites
jaybyrd 3,770 Posted January 9, 2014 You can't even sell the Snap On logo to the Snap On man without corporate approval. I know that from personal experience and you have to contact each company individually to see what their licensing is if they even offer licensing on their logo. If you start buying licensing for the bigger names you may find the $65k you invested so far is a drop in the bucket compared to the fees you will be paying. 3 Share this post Link to post Share on other sites
Dakotagrafx 7,297 Posted January 9, 2014 and licensing if you can get it would be expensive - so you invested $65K and what research did you do beforehand? Surely you have other plans for the equipment besides this 3 Share this post Link to post Share on other sites
GraphxNMore 282 Posted January 9, 2014 I still don't see how they took a loss. It saved them money actually by not having to give one of their decals already on hand. LOL Share this post Link to post Share on other sites
bayshorecreations 30 Posted January 9, 2014 So I still ask the question (since this seems to be the thread that will never die). Every day there are customers supplying printers all over the world with print ready artwork to print sell sheets, flyers, advertisements, etc.They typically put the logos of the brands of items that they sell on these things. For example, "Joe's Oil Lube" says hey lets mail out some post cards so Joe calls a graphic artist and explains what he wants on his cards, Joe says that he wants a picture of his shop (which in the picture there are all sorts of oil company logos out in front) and the Penzoil logo in the bottom right corner. The graphic artist gets to work and puts this together for Joe, Joe then emails the print ready files to the printer and is delivered a finished product that Joe then mails out to his customers.Am I to understand that the printer is the one who will be at fault if someone decides to sue? Or is it the graphic artist? Or Joe himself? Maybe the Post Office for mailing the illegally used logo? Just curious... lol Share this post Link to post Share on other sites
Dakotagrafx 7,297 Posted January 9, 2014 So I still ask the question (since this seems to be the thread that will never die). Every day there are customers supplying printers all over the world with print ready artwork to print sell sheets, flyers, advertisements, etc.They typically put the logos of the brands of items that they sell on these things. For example, "Joe's Oil Lube" says hey lets mail out some post cards so Joe calls a graphic artist and explains what he wants on his cards, Joe says that he wants a picture of his shop (which in the picture there are all sorts of oil company logos out in front) and the Penzoil logo in the bottom right corner. The graphic artist gets to work and puts this together for Joe, Joe then emails the print ready files to the printer and is delivered a finished product that Joe then mails out to his customers. Am I to understand that the printer is the one who will be at fault if someone decides to sue? Or is it the graphic artist? Or Joe himself? Maybe the Post Office for mailing the illegally used logo? Just curious... lol Joe, the artist and the printer - make sure you have the proper releases before you print! I know you have seen all the people that have been eliminated from ebay that were selling copyrighted material (that have been on this forum) that is much better than the fines they could have gotten 2 Share this post Link to post Share on other sites
