Selling someone elses design

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tturanger
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Re: Selling someone elses design

Post by tturanger »

Imagine if the guy who originally posted the "Tattered Flag" could claim royalties...
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Re: Selling someone elses design

Post by DARRYL21270 »

kb3gun wrote:I would buy the dxf from him, then leave a negative review. (example: CD was blank and he refused to send a replacement) It used to be hard to get a negative removed. Not sure anymore.

I no longer buy on ebay because people would blackmale me for money back or they would leave a negative review.
Great idea but what i've decided to do instead is sell the same file(my file)for a lower price :)
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Re: Selling someone elses design

Post by DARRYL21270 »

I've decided to give the file away for free so here it is. I just saved everyone $8.99
Winged Seahorse.plt
winged seahorse1.jpg
winged seahorse.jpg

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Re: Selling someone elses design

Post by wickedinhere »

I have a guy close to me who breaks copyright laws like its nothing. He does disney,harley,ford,chevy,mopar,harry potter,sports teams. He puts it all over his Facebook and also sells it in these flea market stores. Nothing is off limits to this guy i just shake my head and have to think that one day he is gonna pay the piper. I have had people send me pics of others work wanting me to copy it i just tell them to buy it from the original artist.
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Re: Selling someone elses design

Post by DARRYL21270 »

I had a woman contact me yesterday telling me how she saw my work at a local festival I did over the weekend and wanted to know if I could make her something she saw online. She said she would rather have someone local do it than buy it from somewhere else. I told her we would be happy to design something for her but aren't in the business of copying another artists work.
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EastCoastOrnamental
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Re: Selling someone elses design

Post by EastCoastOrnamental »

Brand new to the forum and the plasma world and would like to know what people think about this particular situation.

I found an octopus online (jpg photo) and I would like to trace it, edited it, then indexed it to cut for a customer. Is this theft in your eyes? I am new to this world and would like to operate ethically. It really didn't even cross my mind that it would be theft since I changed things and just basically used it as a base until I saw this thread. I'm guessing this is not an acceptable practice by the way this thread has gone. Please advise.

Sorry for the hijack, but since you were already in dialog so I figured it would be ok to ask here. Please delete if not appropriate.

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Re: Selling someone elses design

Post by sunnybunny »

The world we live in now is not the World we grew up in.
Sorry for your loss.
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Re: Selling someone elses design

Post by Scratch »

If you post pics of it online, it's gonna get copied. That's all there is to it. This stuff we do is stupid easy to copy from a picture, We're all sitting at a computer, we see a cool design, we all "have" the software to do a trace... Now, keep in mind that not "all" of us have morals... and there are alot of us.

It's gonna happen. If you don't want it copied, don't post it online.

Take it as a compliment.
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Re: Selling someone elses design

Post by bhamer62 »

Amen Scratch......well said
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Re: Selling someone elses design

Post by Capstone »

If I see an object (not copyrighted logos or images like Mickey) and have to spend a good amount of time converting it from say a sculpture or painting or some other printed item, then go even further to the trouble to ensure it's a well designed metal item that looks good and will cut well, then there's a good case to be made for that being something that was fair use. I've done this with cars, animals, and plenty of illustrations, and I don't have any concerns. That said, if I spend all that time and money to create that item for sale, I'm kinda hesitant to share. Maybe that's not as magnanimous as others here, like Peechy, but I'd rather contribute in my own way to this community through tool tips, DIY projects for builds, and business insights. That's also why I pay $20 a year to support the forum for all it's different uses.

P.S. Darryl... thanks for the Share!! :)
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Re: Selling someone elses design

Post by Maniac »

It takes so little to change a few nodes around and then it is there design. The nature of the web. How many copy's of the mona lisa are there in the world.
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Re: Selling someone elses design

Post by Peechy »

magnanimous had to look that one up I cant even pronounce it . I really am from the hicks ...;( I like the spider , Not much for population where I live and Business Is slow . I think that's why I like to share ideas when they come up, give someone else a chance to make some $. Bottom line I buy a file from Makecnc.com or anywhere else I use it for customers never share , If You pay for it don't share it , show some respect
Last edited by Peechy on Fri Sep 29, 2017 2:55 pm, edited 1 time in total.
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Re: Selling someone elses design

Post by Lmpsr70357 »

 
Copyright Information and Disclaimer
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Re: Selling someone elses design

Post by nalin400m »

I've spent over $37,000 since 2010 fighting legitimate intellectual property theft in court. Black and white/open shut stuff. Legal fees add up really quick, and at the end of the day, I will never sell that much of said stolen designs to be ahead.
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Re: Selling someone elses design

Post by Kodiak Dodge »

How do you know he didn't buy the DXF from someone else that pirated it? Before you go after someone and slam them you better have some facts. Thinking its your design means nothing.
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Re: Selling someone elses design

Post by ColoradoWayne »

Just so everyone knows, all it takes is ONE (1) person to photograph your work that violates a trademark or copyright and turn it in to the rightful owner and you "may" get a nasty letter that could cost you money. Don't ask me how I know, but know that experience is an excellent teacher! End of the day - party with the most money will probably win. :-(
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Re: Selling someone elses design

Post by little blue choo »

Kodiak Dodge wrote:How do you know he didn't buy the DXF from someone else that pirated it? Before you go after someone and slam them you better have some facts. Thinking its your design means nothing.
He s selling a DXF not a product. If he purchased it from someone else then he still shouldn't sell the file. He would have the right to produce and sell product from it but not sell the file.

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Re: Selling someone elses design

Post by dhannahjr45 »

People, you can't sue someone for what there doing on here with these files,unless you have a registered trade mark on file and can prove what they are cutting out and selling has your registered trade mark on it then your screwed. its as simply as that. my friend is a lawyer that deals in this field and he said you have to register a trade mark to claim its your's.
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Re: Selling someone elses design

Post by RobertJohnson »

Not to beat a dead horse, but what about the Punisher Skull with the stars and bars? I heard Marvel is going after Punisher skull makers. I've made a couple from here, just wonder are we protected cause we got the design from here? Just curious
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Re: Selling someone elses design

Post by ColoradoWayne »

RobertJohnson - easy answer - no. IF something is patented or copyrighted or even protected under current trade dress you can be sued for selling anything that closely resembles it. Even if you buy the artwork from one of the slugs on ebay selling the artwork, you can be sued. I don't write from a position of "I was told", I write from a position of getting the dreaded cease and desist letter accompanied with the send us a check for thousands of dollar experience. It is probably not that Marvel would ever go after you - but someone that sees your work and for whatever reason takes a picture of it and sends it to Marvel with your contact information - that is all it takes.
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Merica_Metal
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Re: Selling someone elses design

Post by Merica_Metal »

You see different files everywhere and cool stuff everywhere. on here, Ebay, Etsy, other plasma company's work etc. I look at these things all the time to find new cool things or to seek ideas or inspiration for new ideas or even to add a twist to what's already been done. In my personal view I see zero issues with it and I post high quality pictures of all of my work and if someone uses it so be it.
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Re: Selling someone elses design

Post by beefy »

I've always found these matters a bit of a joke. As soon as "art" is involved, there's loads of talk of morals, and doing the right thing, etc.

I think we're all quite happy for the thousands of things we use in our everyday life, that we get for a price we can afford. That affordable price is only because everyone copies and tries to sell and the price comes down. Someone, somewhere, at some time had the brains and creativity to come up with some wonderful idea that benefits us all, yet now every company seems to sell it. Do we all get on our moral horses and go looking for the person who first came up with some design, product, or whatever and only give him/her the business. Of course we don't, but as soon as it viewed as "art" the attitude changes, and it's morally wrong to copy that. Fair enough, it may be legally wrong but morals seem to be getting a lot of mention here.

It's basically the way of the world from day one, and it's benefited us more than it's taken from us.

I just focus on being able to create what I want by putting time, money and effort into learning how to do it. But I realise that anything I put out there will be copied in a heartbeat. I just think of all the copied ideas I get for cheap in my everyday life and suddenly I don't feel so hard done by.
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Re: Selling someone elses design

Post by OwensRacing »

Recently I was sent a message with a video. The video was my oldest son's girlfriend's uncle opening a gift. It was identical to something I designed after the Cubs won. I looked at was like man that kinda looks bad....thats when i realized it wasnt my design but a crappy knock off.

Oh well. I stay busy.
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Re: Selling someone elses design

Post by motoguy »

IMO, this isn't something to get wound about. I ran into a bit of this myself. Posted a large custom-ordered clock that I did for a customer. Received several requests for the file, but since "you'll have the only one" was part of the sales agreement, I wouldn't share the file.

Not too long afterwards, I saw one extremely similar pop up on Facebook. Did a bit of searching, and it's a guy about an hour from me. Contacted him, and he admitted to copying the design. I know he had to put in the work to copy it, as the file isn't "in the wild". I was initially very pissed, but finally realized I should take it as a compliment. I also realized there is no point being super "protective" about my work...a well known file-supplier / hired-drawer told me, "unless it's only like 50 pixels x 50 pixels, there's nothing I can't copy if I want it". And that's very true.

So, just need to keep coming up with original designs to stay ahead of the curve.
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Re: Selling someone elses design

Post by ETCWeld »

Just curious, but when someone sends you a drawing or a picture of something and you can't find the drawing or the item for sale would this be considered theft. Being a school I have to play it to the safe side.

Hers is another question. Once we got the cnc up and running, a graduate of the program (always generous and giving back to the program) purchased a thumb drive with hundreds of images (mostly silhouettes) and all kinds of file types of each img. I didn't buy it and I have no idea if any of it or all of it was stolen, I don't have a bill of sale? What would you (anyone willing to comment) say about using those files? Fair game? don't risk it? With that said, I don't sell any of it, but I would like to share some of the thoughts with the students during discussions of the topic.
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