Comments on: Quickie Guide to Copyright Law

By: Lex

Lex — Thu, 08 Dec 2011 20:55:13 +0000

No. Logo or not, you can not reproduce a copyrighted/trademarked character that is not your own.

By: Meg

Meg — Thu, 08 Dec 2011 11:09:02 +0000

Say I crochet, paint or draw Disney characters, or other characters like Elmo, or Totoro. Is it legal to sell them if i don’t put their logo on it…?

By: Beckie

Beckie — Fri, 30 Sep 2011 19:29:32 +0000

My friend is making bows (hair bows) from colors of pro and college football, baseball teams she purchases from on line craft sights and craft stores, is what she is doing alright>

By: Lex

Lex — Mon, 12 Sep 2011 02:06:18 +0000

It really depends. If these sellers have the rights to sell the licensed designs, then I would say it’s the same as if you were purchasing licensed Auburn fabric. They might say personal use only, but as I’ve stated above, that’s a bunch of hooey.

If they are selling the designs without permission, not only are they infringing on copyrights by selling the designs, but you would also be doing so by selling items made with them.

By: Margaret H.

Margaret H. — Sun, 11 Sep 2011 20:08:45 +0000

Hey Lex! This is all such great information. I’m new to sewing and have been selling my items. I’ve been wondering about all the legal issues out there and reading this did help. I do have another question for you.

I am making an adult size hooded towel and they’ve requested that it be Auburn themed. I thought it would be awesome to embroider the AU logo on it but was wondering about the legal boundaries of it. I found several people on Etsy who sell the embroidery design that I can buy and download onto my embroidery machine. I’ve emailed 3 of them asking about legal issues and if I’m able to embroider their/Auburn’s design on my item and sell it. None of them have responded to me. Maybe you can help me out?

Thanks in advance!

By: Lex

Lex — Sun, 04 Sep 2011 23:53:08 +0000

Yes, the First Sale Doctrine applies to your example. Or maybe I should say, “Yes, BUT…”.

The First Sale Doctrine says you can do whatever you like with these items, including selling them. And most craft supply companies would probably wish you the best of luck. However, if you use any paper or stickers with licensed characters (like Dr. Seuss characters or something like that), then you might run into trouble. See Caveat #1 and #2 for the exact kind of trouble I’m talking about.

By: Debi

Debi — Sun, 04 Sep 2011 02:27:37 +0000

I’m making these collages using printed paper, stickers, and generally “scrapbooking” items I purchased from a craft store. Under the First Sale Doctrine can I sell these? I didnt know if copyright laws would be violated? Thanks for you help.

By: Lex

Lex — Tue, 16 Aug 2011 16:54:41 +0000

Jamie, technically yes, that is legal. As I’ve mentioned before, though, just because it’s legal doesn’t mean the company that licenses the stickers won’t jump all over you for selling items made with them.

By: Jamie

Jamie — Sat, 13 Aug 2011 20:58:38 +0000

Hi Lex,
I think I’m understanding this correctly, but I wanted to double check. I make bottlecap necklaces. If I buy licensed 1 inch stickers of NFL & NHL logos, put them in the bottlecap, and cover it with epoxy/string it on a chain, am I okay to resell? I’m not copying the logo, or printing it. I’m using individual stickers that are licensed. Would that be covered under the First Sale Doctrine similar to fabrics? Thank you so much!

By: Lex

Lex — Sun, 10 Jul 2011 19:11:10 +0000

Yes, you can absolutely do that. However, if the designs are brand names or logos (like a Beatles patch or a Legos sticker), you might still get copyright complaints based on the trademarks. The name “the Beatles” is trademarked, which means if you listed a bag with a Beatles patch on it as “Beatles tote bag”, the copyright holder could ask you to remove their name. You could argue that you’re merely offering an accurate description of the item, but some of the people tasked with copyright protection are jerks/ignorant/don’t care.

This is more of a concern on an e-commerce website like Etsy or Ebay, where a copyright holder can just ask that your listing be removed, and the sites will comply, no questions asked. I’ve removed all of my licensed merchandise from Etsy because of this.