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Making Licensed Products

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DCMW
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Making Licensed Products

Postby DCMW » Mon Oct 09, 2017 9:05 am

I have a lot of requests for College logos and such. I do own a crafter's license for a local college, but not for others. I don't want to turn these customers away. I understand you can cut these logos out all day long, but aren't allowed to sell them. My question is, what if I didn't sell the items but "gave them away" for free, and the customer could give me a "donation" or "tip" for my services? What is everyone's thoughts?

Larry83301
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Re: Making Licensed Products

Postby Larry83301 » Mon Oct 09, 2017 10:59 am

Sounds like you're selling them to me!



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Capstone
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Re: Making Licensed Products

Postby Capstone » Mon Oct 09, 2017 11:54 am

DCMW wrote:I have a lot of requests for College logos and such. I do own a crafter's license for a local college, but not for others. I don't want to turn these customers away. I understand you can cut these logos out all day long, but aren't allowed to sell them. My question is, what if I didn't sell the items but "gave them away" for free, and the customer could give me a "donation" or "tip" for my services? What is everyone's thoughts?


No one here is gonna help you split that hair... I think you know you're logic is BS and you're fishing for someone to tell you that they do something similar to justify it. You're only risking your entire business. This is the same argument people make in DC when they sell a bottled water for $20 that just happens to have some weed in a bag tied around the waterbottle neck.
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DCMW
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Re: Making Licensed Products

Postby DCMW » Mon Oct 09, 2017 12:00 pm

Actually I didn't think my logic was "BS", it was an honest question from someone that's starting out. Who is also is looking for info from people willing to help and give helpful information. Not fishing for justification either, once again, looking to see if anyone else was in this position. Thanks anyways for your input.....

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acourtjester
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Re: Making Licensed Products

Postby acourtjester » Mon Oct 09, 2017 2:24 pm

If you receive money for something (labor or material) you sold it. A Donation is something you don't expect any personal gain from.
When you put money in a red kettle at Christmas time do you expect them to carry your packages to the car for you?
Donations and tips are up to the person giving them, how would you feel it you had a stack of logos and I guy picks up one and drops $1. into you jar and walks off?
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tcaudle
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Re: Making Licensed Products

Postby tcaudle » Mon Oct 09, 2017 6:48 pm

It has little to do with selling. Is about the use of a registered logo. Whether you sell it, donate it , or give it away you have to have the registered owners permission. It's their property. Giving something away that the owner of the mark makes money on, is to them the loss of a sale (harm). Making counterfeit money that looks just like real and giving it away will not keep you from getting a visit from the US Secret Service.

If you give money (consideration) and get something in return, it is a sale regardless of what you call it.

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Re: Making Licensed Products

Postby tnbndr » Tue Oct 10, 2017 10:28 am

I don't want to turn these customers away.

I turn them away all the time. Send them to a place that sells the copyrighted items legally or steer them to buy something of yours instead that isn't illegal.
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tirediron
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Re: Making Licensed Products

Postby tirediron » Tue Oct 10, 2017 10:38 am

What happens if you sell your piece to someone that has a craft license?

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Re: Making Licensed Products

Postby tcaudle » Tue Oct 10, 2017 2:00 pm

tirediron wrote:What happens if you sell your piece to someone that has a craft license?

If its a trademark (logo) then the same thing that happens if you sell it to anybody else. If it's a copyright issue then its up to the copyright holder to pursue the issue. Collages and schools mostly belong to an association (like IMG College) to manager their trademark and copyrighted stuff. Large corporations typically handle their own trademarks. Its a big dollar business and the associations prove their value by chasing down and suing infringers

If you subcontract to a license holder or the license owner and THEY resell it (they still have to abide by the terms of their agreement with their association) then you are covered under their license but you can't sell it to anyone else

DCMW
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Re: Making Licensed Products

Postby DCMW » Wed Oct 11, 2017 7:27 am

tcaudle wrote:
tirediron wrote:What happens if you sell your piece to someone that has a craft license?

If its a trademark (logo) then the same thing that happens if you sell it to anybody else. If it's a copyright issue then its up to the copyright holder to pursue the issue. Collages and schools mostly belong to an association (like IMG College) to manager their trademark and copyrighted stuff. Large corporations typically handle their own trademarks. Its a big dollar business and the associations prove their value by chasing down and suing infringers

If you subcontract to a license holder or the license owner and THEY resell it (they still have to abide by the terms of their agreement with their association) then you are covered under their license but you can't sell it to anyone else


Thank you for this explanation! This is the advise I was looking for. Not to get bashed and to get shunned by the "all knowing" plasma art "gods". Thank you again!


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