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Topic: Can you sell Guitar Pick Jewelry?  (Read 1548 times)
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bluwave06
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« on: September 26, 2007 09:39:55 AM »

I hope this is not a stupid question to ask, but I was wondering this as I would like to make and sell them. Is there any restrictions on this?
Just wanted to kno, as I have seen many selling guitar pick jewelry.

                                                                Thanx, Pamela
« Last Edit: September 26, 2007 09:43:32 AM by bluwave06 » THIS ROCKS   Logged

AshtonagoL
« Reply #1 on: September 27, 2007 11:39:56 AM »

I'd imagine if they have a band name or brand name of any kind, they are copyrighted and illegal to sell.  However, I'm sure plenty of people do it without getting caught.
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Jillie
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« Reply #2 on: September 27, 2007 11:42:01 AM »

Once you buy something, it's legal to alter it and re-sell it (or give it away) however you like.  It's called the First-Sale Doctrine.  http://en.wikipedia.org/wiki/First_sale
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bluwave06
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« Reply #3 on: September 27, 2007 11:43:17 AM »

thanx AshtonagoL and Jillie.
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AshtonagoL
« Reply #4 on: September 27, 2007 12:21:51 PM »

Thanks for the link Jillie. I had never read that before.  I read this http://www.craftster.org/forum/index.php?topic=148194.0 a while back and just assumed that any copyrighted images were off limits, no matter what.  Copyright issues are a confusing thing. 
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Jillie
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« Reply #5 on: September 27, 2007 02:10:35 PM »

It is really confusing... and makes a lot of money for a lot of lawyers.  Grin
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gypsysoul3
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« Reply #6 on: September 29, 2007 06:42:54 AM »

i had an issue (which you can read about here: http://www.craftster.org/forum/index.php?topic=148194.0) when making bottle cap earrings, i eventually had to get a lawyer.

anyway, someone in that thread actually brought up the First Sale Doctrine....and i talked to my lawyer about it. It's still a sticky issue, and my lawyer felt it was best to avoid using logos and brands all together.

I also think if you're using the brand in the items title when you sell it, like "Fender Guitar Pick Earrings" that could be an issue with Fender, b/c they might see it as you using their name to sell your earrings. If you just said "Guitar pick earrings" that might be another story. And, really if someone wants guitar pick earrings they may not be too concerned about the brand anyway.

I think it's also a good idea to put some kind of clause in your listing or on your site that says something like, "brand names used are owned by those brands and we are not connected to that brand." (that's really rough, you'd have to re-word it, of course). Because you never know....better safe than sorry, i guess.

If you check out the first page of the thread i mentioned above, i compiled a list of recourses about this type of thing, which may help.
Good luck and happy crafting! Smiley
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bluwave06
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« Reply #7 on: September 29, 2007 09:19:03 AM »

Thanx, gypsysoul3. I will have to read it. I will most likely buy the plain ones and design on them. Then it will be my own and no one elses design/name/logo. Therefore, less hassle.
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mini
« Reply #8 on: September 29, 2007 02:27:53 PM »

I'd imagine if they have a band name or brand name of any kind, they are copyrighted and illegal to sell.  However, I'm sure plenty of people do it without getting caught.

Just to clarify:
Guitar picks are not copyrighted. A brand or band name is a trademark.
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WireWrapper
« Reply #9 on: October 06, 2007 03:25:13 AM »

           You can also get in trouble with using trademarks. I used to sell fused glass hearts and named them " hearts on fire". The company who had the trademark "hearts of fire" sent me a letter asking me to discontinue the use of the phrase... due to it being very simular. I did so without a gripe.


Matthew
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mini
« Reply #10 on: October 06, 2007 11:19:03 AM »

           You can also get in trouble with using trademarks. I used to sell fused glass hearts and named them " hearts on fire". The company who had the trademark "hearts of fire" sent me a letter asking me to discontinue the use of the phrase... due to it being very simular. I did so without a gripe.

I didn't say it wasn't a problem. I'm saying you need to understand the difference between copyright & trademark.

You can use similar trademarks, just not in the same category. For example, Sonata = sleeping pill and Sonata = Car and Sonata = software.

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bluwave06
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« Reply #11 on: October 06, 2007 11:47:15 AM »

Thanx everyone! With the trademark, I can't see how you can get in trouble if it ended the same. Like if you used a certain wording that happened to be the same as another item from a different company, in which you had not known. How can they trademark words? So, if you were to rearrange the wording then there would be no way they can say discontinue the use of the word(s). Right? 
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Jillie
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« Reply #12 on: October 09, 2007 03:40:30 PM »

I think the problem was that the phrase "hearts of fire", even though it isn't trademarked, is too similar to the phrase "hearts on fire".  People would probably get the two confused, so it counts as infringing on the trademark. 

It's like if you started a cartoon company called "Disnee"... even if you named it without ever knowing about Disney, you might be taking profit away from them because people might buy your cartoons thinking they were authentic Disney ones.  Kind of a crummy example because EVERYONE knows what Disney is, but you get the idea.  Wink

So if WireWrapper changed the name a little to be a bit less similar, maybe "Firey Hearts" or something, that would be OK. 
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