Noob with a copyright question

[freeworld_graphix 0]

Ok, i am planning on selling decals on a website however I would like to sell automotive logos but I know they are copyrighted.  Just wondering, I found this on a website that sells automotive logo decals and at the bottom it reads:

    "NOTE: Some of the logos included on this site are the trademarks or registered trademarks of their respective

      companies and are provided as a convenience only for their lawful use. It is the expressed intent of (xxxxxx)

      that any unauthorized use of these items by the purchaser shall be the sole responsibility of the purchaser. The

      purchase of any item from (xxxxx) is not authorization for the use of any specific logo or trademark. By

      purchasing said logos, you are indicating that you have authority to use the artwork.

I don't feel this would be a significant way to be allowed to sell logos, I was just wondering.

thanks in advance

[john! 1]

I think the site your talking about is decalfx and it's still illegal no matter what. Some text doesn't mean much in legal matters i'm sure.

[MZ SKEETER 4,709]

no copyright logo is allowed to be reproduced unless you have permission from the company.  That statement means nothing in a court of law. The only thing that will stand up is written permission. It you want a legal business STAY away from any of those automotive logos and any  copyrights.  You do not need to do copyrights to have a successful business.  Your just asking for trouble, Could you afford to possibly spend thousands of dollars in attorney fees,  payments to the company,  for a 5 dollar decal?  Think about it.  Those companys scour the internet all the time looking for copyright infringement.   :thumbsup:

[BannerJohn 1,324]

I think the site your talking about is decalfx and it's still illegal no matter what. Some text doesn't mean much in legal matters i'm sure.

I don't know what's keeping them from being sued...that 'disclaimer' is worthless.

[freeworld_graphix 0]

Thanks for the replies.  That is sort of what I thought, just I have seen SOOO many websites selling decals like that and I was wondering why they get away with it.

[MZ SKEETER 4,709]

you also see alot of people driving over the speed limit all the time.  .  They get caught.  sooner or later

kinda also goes for all the people who were file sharing music.....  they also didn't think they would get caught.  now look what they have to payout.

[HiPowerMtrsprts 0]

Everyone sells these decals because the companies dont really care, they look at it as free advertising. We actually sell high performance parts and have contacts at alot of these companies and they said yea its illegal but what who really cares its a $2 sticker, if you were making exhaust systems or rims and put the big companies logos on them then they would definitely come after you.

[rrc1962 0]

     "NOTE: Some of the logos included on this site are the trademarks or registered trademarks of their respective

      companies and are provided as a convenience only for their lawful use. It is the expressed intent of (xxxxxx)

      that any unauthorized use of these items by the purchaser shall be the sole responsibility of the purchaser. The

      purchase of any item from (xxxxx) is not authorization for the use of any specific logo or trademark. By

      purchasing said logos, you are indicating that you have authority to use the artwork.

The unauthorized use is actually on the person printing and selling them, not the person buying them.  The person buying the sticker is not the one profiting from the reproduction of the logo.

[Dakotagrafx 7,297]

     "NOTE: Some of the logos included on this site are the trademarks or registered trademarks of their respective

      companies and are provided as a convenience only for their lawful use. It is the expressed intent of (xxxxxx)

      that any unauthorized use of these items by the purchaser shall be the sole responsibility of the purchaser. The

      purchase of any item from (xxxxx) is not authorization for the use of any specific logo or trademark. By

      purchasing said logos, you are indicating that you have authority to use the artwork.

The unauthorized use is actually on the person printing and selling them, not the person buying them.  The person buying the sticker is not the one profiting from the reproduction of the logo.

100 percent correct

[tinaski 11]

Ok, i am planning on selling decals on a website however I would like to sell automotive logos but I know they are copyrighted.  Just wondering, I found this on a website that sells automotive logo decals and at the bottom it reads:

     "NOTE: Some of the logos included on this site are the trademarks or registered trademarks of their respective

      companies and are provided as a convenience only for their lawful use. It is the expressed intent of (xxxxxx)

      that any unauthorized use of these items by the purchaser shall be the sole responsibility of the purchaser. The

      purchase of any item from (xxxxx) is not authorization for the use of any specific logo or trademark. By

      purchasing said logos, you are indicating that you have authority to use the artwork.

I don't feel this would be a significant way to be allowed to sell logos, I was just wondering.

thanks in advance

im not sure but in court - that is admitting that they dont have legal right to make them - so the best thing to do is not do them

[TruckDriver 0]

no copyright logo is allowed to be reproduced unless you have permission from the company.

Not exactly correct... Example - Fair Use

If you profit from it, then YES, it IS copyright infringement.

[jeremySI 18]

there are many companies out there that dont really care to spend their time and money going after small fish using their logos. however in turn there are some who love to go after anyone and everyone who does such as disney and harley davidson. the reason you see so many sites selling stuff without getting in trouble is because it is impossible for them to get out there and stop them all.

[bayotle 26]

My 2 cents would be to simply contact the company(s) and get their permission.

Can't be that hard, I would assume most if not all would say yes because it's advertisement for their company and free at that.

The only thing in question is in how the logos are used. I'm sure Dodge wasn't happy to get P'd on... 

[NukleoN 34]

no copyright logo is allowed to be reproduced unless you have permission from the company.

Not exactly correct... Example - Fair Use

If you profit from it, then YES, it IS copyright infringement.

I don't know about that. Copyright violations are not necessarily contingent upon profit, as far as I know (I am not a lawyer, but as an artist it behooves me to study a little copyright law). I also fight my own traffic tickets (and win) so I enjoy learning the law in general.

Zuffa owns their Ultimate Fighting Championship Pay-Per-View shows....and you can be liable for infringement even if you engage in unlawful use *even without profit*. It's right in their legal notification. I would assume similar copyright laws protect other works?

If somebody was using my art for promotional purposes with an indirect benefit to them (without profit to me), I probably would still have a case against them in court. My claim would be that they are benefiting from the art in monetary ways that don't directly involve currency exchange, since promotional art given away has value, attracts sales, customers, etc. That value was taken from my art and without me seeing any profit from the art itself or the company's sales. Thus, it's not just about whether the copyright infringer is making money, but whether money was lost by the rightful owner by way of circumventing legal acquisition.

Showing a UFC PPV movie to a large crowd basically means that those people aren't motivated to buy that PPV event, though I don't know where the cutoff would be showing a PPV to a small group vs. a large audience. Someone using my art without permission (even without profit) isn't paying me, and I would generally want payment for someone to use/license my artwork. I also may not want my artwork associated with their content (porn or illegal DVD's for example) as it could damage my reputation, moreso if my art is signed or well-known.

So, I would bet that copyright infringement isn't contingent upon 'profit'. I don't think there's any 'fair use' of someone else's art without permission from the rightful owner, which often comes at some usage/licensing cost as well.

[BannerJohn 1,324]

absolutely correct. Profit has nothing to do with it,as the courts have ruled. The breaking of the law is in the reproduction, pure and simple. As for 'fair use'...well I wouldn't bet the farm on that defense.

[forsalevinylsigns 1]

http://www.youtube.com/user/DecalfxVideos#p/u/32/VekttQjoou4