How is this permitted to be sold?

[new2woodwrk]

I've been doing some searching for various things to cut (CD's DVD's etc.) and I came upon this:

https://www.ebay.com/itm/Boba-Fett-Wall-Art-Vinyl-Record-Clock-Star-Wars-Home-Decor-Disney-Kids-Best-Gift/263207048472?_trkparms=aid%3D1110006%26algo%3DHOMESPLICE.SIM%26ao%3D1%26asc%3D225074%26meid%3D0c2dad0a214f4c44ac0af95a468b8969%26pid%3D100010%26rk%3D10%26rkt%3D12%26sd%3D153548769005%26itm%3D263207048472%26pmt%3D1%26noa%3D1%26pg%3D2047675%26algv%3DDefaultOrganicWithImageNsfwFilter&_trksid=p2047675.c100010.m2109

Wouldn't this be considered a trademarked/copy protected image?

There are hundreds of these types of cuts on ebay and other sale sites. I've seen Rolling stones, black sabbath, acdc, Elvis and lots more.

It seems to me perhaps these images are not so protected?

Thoughts?

Thanks in advance as always

[meflick]

Yes, they would be protected images and can get you into a lot of legal issues IF caught and pursued. In this case, it is Disney’s and they pursue religiously to protect their stuff from all I hear and see.

That said, it is very difficult I suspect for even large Companies like Disney to have to constantly have people looking everywhere for infringements like these. As soon as one is taken down, another one is popping up elsewhere no doubt.

Whether an item is or is not infringing however would not be something we might be able to determine simply by looking at something online. You can  obtain legal rights to produce images from a company and pay them royalties. Getting them however can be expensive. So, it is possible they it is a “licensed product.” If it is not, I suspect that Disney will quickly find them and shut it down given that they are clearly using the Disney name its self, Star Wars, and other wording that would clearly cause it to pretty easily pop up on Disney’s radar.

if you are selling items that infringe on someone else’s copyright/trademark, and they choose to come after you for it, you could lose everything and in my opinion, is not something I would ever want to risk.

Edited February 27, 2020 by meflick

[kenreichq]

The seller is located in Ukraine.  I don’t think the USA copyright laws can touch him.  (Somebody correct me if I’m wrong!)

[kmmcrafts]

Yeah my understanding is that it's a "USA" copywrite.. some of the other countries can get away with it.. They are all over etsy and amazon handmade with these record cuttings and the majority are copywrite / trademarked themed items.. I believe they are cut with a laser too... 

[Jim McDonald]

If I'm seeing this correctly, the "Queen's Clocks" logo in the upper right looks suspiciously like the English band's logo.

 

[Fedido]

5 hours ago, kmmcrafts said:

Yeah my understanding is that it's a "USA" copywrite.. some of the other countries can get away with it.. They are all over etsy and amazon handmade with these record cuttings and the majority are copywrite / trademarked themed items.. I believe they are cut with a laser too... 

KMM, you are correct in that USA Copyrights. I have been to numerous countries that the rights don't apply/not enforced and you would be surprised what you can find for cheap. 3 dollar DVD's of the lowest quality on new movies, Oakley's that are made so cheap, they are FAoakleys (Fake A** Oakleys) to name a few. Here in the US, major companies don't have enough resources in my opinion to see all the trademark infringements. Me personally, I don't like taking things from others and regardless, I rarely sell anything, more like hand out items to people that deserve the friends and family discount. Great...now big brother will be watching me. 

[fredfret]

Overseas seller, possibly a licensed item (doubt it but possibly)

[Iguanadon]

You definitely don't want to risk it here in the US.  Harvey called me Friday and was asking about it as he got a nasty letter from a trademarked entity to stop selling specific items.

And I personally witnessed a "raid" at a crafts event I was doing last July.  They came and took all of his stuff... never heard what the fines ended up costing him.

[kmmcrafts]

Yeah, I wondered about some of the designs of Harveys.. This is something that WE ALL have to watch out for.. just because a pattern designer makes a pattern and sells them.. doesn't make it safe for you to sell the said items.. I've mentioned it before but I got things taken down from etsy that was designed by a very popular designer that sells the patterns online. I contacted the designer about what happened.. They said they do their best to not do anything that's infringing... guess what though... the item pattern I'm speaking of is still for sale on their pattern site.. So with that said... the lawyers and judges don't care where you got the design.. they only care about the case that they are dealing with at the moment so everyone is on their own with this...Now they may go after the designer too.. but it doesn't get you out of trouble saying you got the design from so and so and they never mentioned it being a trademark or copywrite item. It's solely up to each person to do their own investigating as to whether they are making and selling a infringing item or not..