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Selling Ornaments Made With Licensed Material?

I have started making ornaments using licensed material, ie. Disney and college teams. Do I need to have a license to sell these ornaments and if so how do I go about getting one?

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Thanks.

By June F.

Ornament made with licensed materials.
 

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May 7, 20130 found this helpful

We experienced the same concern using licensed duck tapes such as Hello Kitty, Spiderman, SpongeBob Squarepants. If you were planning to sell your ornaments made with licensed artwork ONLINE......DON'T! The law says you can't even show photos of the recreated items such as your adorable ornament.
Hello Kitty legal went after someone selling duct tape accessories in her online Etsy shop and won! They actually closed down the shop and threatened further legal action.

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Harley-Davidson did the same with someone selling handmade purses and wallets made from their licensed tape.
So we can USE the licensed duck tape, logos, etc. in our crafts for our personal use (gifts, etc.) but can't photograph it or promote it online for sale. As crafters we don't have the millions and millions Disney does, so I believe buying your own licensing rights is not feasible.

 
 
Anonymous
May 31, 20180 found this helpful

I had a friend who used The Nashville Predators as a theme for her shirts (even though she made the design herself and didnt just copy theirs) and they came after her for it. Id be very careful.

 
July 28, 20210 found this helpful

The problem is that she made her own design and didnt use something pre printed and stating that the item was made with a licensed material but she had no connection to the company and the item made is not a licensed product.......when she made her own rendition of the copywrited design that is illegal.

 
May 24, 20200 found this helpful

You can resell Licensed farbic as you please because you are protected by the first sale doctrine law, look up this law and use it to your advantage when big companies sue you for using their farbic.

 
September 18, 20210 found this helpful

The first sale law only applies to unaltered items. So if you purchase a bolt of fabric with Disney characters on it and you decide you dont want it - you can resell that item legally. However it is not legal to make a shirt out of it and sell it without a license. Licenses for characters and logos are carefully guarded for good reason. Someone else paid to make shirts with Disney characters. And companys protect their copyrights by filing legal action - because if they dont - they are actually at risk for loosing their copyright.

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So legal action leaves the paper trail of active protection which helps them in cases that involve real money. Its not that theyre mean people. Its just the law. And it protects people who do pay for licenses properly. If you went to all the trouble to get a license but it forces you to charge $5 more than someone making the same item who didnt secure licensing- youd be happy for that protection too.

 

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