Copyright question ...

webtrekker

I make personalised clocks for sale, online and otherwise. If I used an image that I had BOUGHT (ie, a print , or stickers) for the face of a clock, maybe Disney themed or themed on many of the most popular kids movies, would I be infringing copyright?

My understanding is that, if I have bought and paid for the items making up each clock face, then I should be allowed to do with them whatever I want, barring obvious infringements, such as scanning them to make multiple copies.

Thanks in advance.

fragmented

You can do as you want for personal use, but if you were going to sell the items that would be a no no.

Hermia

webtrekker wrote: »

I make personalised clocks for sale, online and otherwise. If I used an image that I had BOUGHT (ie, a print , or stickers) for the face of a clock, maybe Disney themed or themed on many of the most popular kids movies, would I be infringing copyright?

My understanding is that, if I have bought and paid for the items making up each clock face, then I should be allowed to do with them whatever I want, barring obvious infringements, such as scanning them to make multiple copies.

Thanks in advance.

You would need to get a licensing agreement from Disney (or whatever company you choose) to use their characters (which would presumably cost £££££ and I doubt they deal with small timers). I have seen people get away with selling items with Disney items on, but you don't really want to mess with someone like Disney as they have sued before.

webtrekker

Thanks for the replies, but look at it this way ...

If I buy a genuine Disney Mickey Mouse stuffed toy, I can then legally sell it to someone on facebook, gumtree, ebay, etsy, a local market, shop, car boot sale, ... whatever.

So if I buy a genuine Disney Mickey Mouse STICKER, surely I am allowed to stick that sticker on a clock face and advertise and sell sell the clock. I am not copying the sticker, it actually belongs to me, I bought it, so surely I can sell it on?

I see many examples of laser-cut clocks on ebay made from old vinyl LP's. The record labels may have brand names and logos on ... Parlophone, HMV, RMI, Virgin Music, etc ...... So does that meaning that selling these clocks cut from old records is illegal?

PasturesNew

As has been said, if it were a big name like Disney then you'd need a special license,costing £££ and they probably wouldn't allow you to do it.

If, instead, it were, say, a non-descript image designer, then you'd need to buy from them a "for commercial use" license, which you might be able to buy as one of the buying options, or you might need to negotiate directly with the designer.

Most designs will offer a commercial use license - but the big boys rarely do as they have to protect the brand.

PasturesNew

webtrekker wrote: »

If I buy a genuine Disney Mickey Mouse stuffed toy, I can then legally sell it to someone on facebook, gumtree, ebay, etsy, a local market, shop, car boot sale, ... whatever.

You might not be able to. Some of them prohibit where their goods can be sold.

But, that aside, a genuine article is that: genuine.

Your clocks could be "any old tat", not quality. Even if they are quality today, you might switch over to cheap tat/imported Plastic at 2p/unit in a year and start flogging those with the image on.

It's a non starter.

webtrekker wrote: »

So if I buy a genuine Disney Mickey Mouse STICKER, surely I am allowed to stick that sticker on a clock face and advertise and sell sell the clock. I am not copying the sticker, it actually belongs to me, I bought it, so surely I can sell it on?

No. You are changing the product. You are no longer re-selling the sticker, you are promoting another product using their image as your "pull".

webtrekker wrote: »

I see many examples of laser-cut clocks on ebay made from old vinyl LP's. The record labels may have brand names and logos on ... Parlophone, HMV, RMI, Virgin Music, etc ...... So does that meaning that selling these clocks cut from old records is illegal?

Generally a different ballgame, due to interest/size of the owning company. If those record companies wanted to make a case against it they could probably prevent it happening.

Their product is the sound that the record makes, not their label (in the same way).

I bet if you bought a Mickey Mouse and simply microwaved it into a wobbly shape and stuck a window suction pad on it and resold it Disney'd be all over you like a rash.

It's about brand protection.

Another fundamental difference between your clocks and the warped clocks is that you'd be using the Disney image so people bought your clocks. The warped clocks are not using the record label to sell themselves, they're sold because they're warped.

Hard to explain in a small box on a forum, but you're not comparing like for like and ....the bottom line is: NO

pointsguy

They might not notice them at first, but once you're products are spreading, they'll surely check you out and be ready for it when the time comes. You'll surely be plagued with lawsuits.

webtrekker

Thanks guys for taking the time to reply.

Yes, some valid points there, certainly enough to put me off the idea. I guess it's back to the drawing board then to cobble up some of my own, non-copyrighted, ideas, as well as trawling ebay and etsy and reporting EVERYTHING that I deem an infringement of copyright. If I can't do it, I'll make damn sure everyone else has a hard time doing it!

Flyonthewall

webtrekker wrote: »

Thanks guys for taking the time to reply.

Yes, some valid points there, certainly enough to put me off the idea. I guess it's back to the drawing board then to cobble up some of my own, non-copyrighted, ideas, as well as trawling ebay and etsy and reporting EVERYTHING that I deem an infringement of copyright. If I can't do it, I'll make damn sure everyone else has a hard time doing it!

People are right in saying no, you can't do that. Not only valid points, but the law.

Reporting all others is rather spiteful. I'm hoping the grin face was to show you meant that as a joke, not happiness at the thought of causing issues for thousands of sellers.

Just because you haven't got a licence to sell the product with that image on doesn't mean that others haven't, that they don't have permission to use them images or that it's not an official product.

Plus it would take you a long time to report them all. I imagine they'll also think it odd that one person is going around reporting so many without any proof that they have no rights to use them images. They may well ignore it.

I don't think people should get away with using copyrighted images, but I also think it's silly to waste so much time trying to get them all removed. Companies have staff that find these things and can get them removed anyway.