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LelleModa

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Reply with quote  #31 
Allison,  could you please give a link to the info?  This is such a murky topic that some clear cut guidelines would mean very much. From what I see around  almost everybody copies and uses whatever is available on the internet no matter the age of the original.  Was that the year when the first copyright law was enacted?
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SewNSewSister

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Reply with quote  #32 
I have a friend on Etsy that says even though she does carry some 'no no' items that as long as she includes this disclaimer in the description area of item, ' (blank) item is not affiliated with nor has permission to use this logo' that she can continue selling the trademarked item.
Anyone know if this is true?

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LelleModa

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Reply with quote  #33 
In general it  is not OK and she might get punished by Etsy if the trademark holder reports her.  The main question is  " if the trademark holder will report her". There a lot depends on what she is selling and HOW she is wording her listings. 
The reselling, creating derivatives inspired by,  creating images or items that are recognizable as the trademarked ones - are the immediate no-no.  The seller is not allowed to profit from other's work in any form. 
But if the  is upselling the original trademarked items and states that clearly in her listings then she should be OK. That's where her disclaimer plays a good role but just the disclaimer is not sufficient. Her titles, descriptions and tags have to support the disclaimer.   
As I said above, it's all in the wording. 

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Knitting for dolls one pattern at a time.
https://www.artyah.com/seller/lellemoda
https://www.pinterest.com/lellemoda/



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SewNSewSister

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Reply with quote  #34 
Wow LelleModa! So you're saying it really could be OK for her to keep selling possibly. I have seen a lot of other shops that don't have any disclaimer...does this mean they will be more prone to getting into trouble? Thank you.
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Fiber Art and Novelty Quilting. For some variations with traditional quilting...come have a look please!

https://www.artyah.com/seller/sewnsewsister
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AllisonsAtticofRareBooks

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Reply with quote  #35 
Quote:
Originally Posted by LelleModa
Allison,  could you please give a link to the info?  This is such a murky topic that some clear cut guidelines would mean very much. From what I see around  almost everybody copies and uses whatever is available on the internet no matter the age of the original.  Was that the year when the first copyright law was enacted?


Yes, https://www.unc.edu/~unclng/public-d.htm .

With few exceptions, works of art created before 1923 are in the public domain. 

Hope this helps!
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LelleModa

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Reply with quote  #36 
Quote:
Originally Posted by SewNSewSister
Wow LelleModa! So you're saying it really could be OK for her to keep selling possibly. I have seen a lot of other shops that don't have any disclaimer...does this mean they will be more prone to getting into trouble? Thank you.


I am not saying that disclaimer will help. Nothing will if  she is reported to Etsy by the trademark holder.  In such cases Etsy doesn't listen to anything, no pleas will help. The shop will be closed and she might get banned from Etsy forever. 

Actually, what she should do it to go to the government trademarks site and check how the trademark she is using is worded.  But usually those cover everything, all derivative and  the so called "fan work".  No one  else should profit if the original  work has been created by others. 

What I was saying is that she might have some wiggle room but  that's it.  Again, it all depends on what exactly she is selling. 

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Knitting for dolls one pattern at a time.
https://www.artyah.com/seller/lellemoda
https://www.pinterest.com/lellemoda/



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LelleModa

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Reply with quote  #37 
Quote:
Originally Posted by AllisonsAtticofRareBooks


Yes, https://www.unc.edu/~unclng/public-d.htm .

With few exceptions, works of art created before 1923 are in the public domain. 

Hope this helps!



Allison, thank you!

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Knitting for dolls one pattern at a time.
https://www.artyah.com/seller/lellemoda
https://www.pinterest.com/lellemoda/



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