Selling die cuts?

[intothewoods]

OK - so I just ordered the Cricut and SCAL is coming up soon!

I'm curious - I see a lot of Mickey die cuts on ebay etc. But what about ones you create yourself - that they dont have a cart for? Like Backyardigans, or Kai Lan, or even Monsters Inc or Toy Story? If I work to make those die cuts, can I sell them? I see other people who apparently dont have SCAL selling something similar but not as good as you could do with SCAL?

I have heard you can also sell at Craft Shows, etc? What are your thoughts - has anyone done this?

Just curious.

[talanhart]

If it's copyrighted artwork, you aren't allowed to sell it unless you have a license to sell it. Most of the artworks here are for personal use only.

[intothewoods]

Then how is everyone on ebay doing it? I'm confused (sorry if I'm new - I just dont understand) thanks!!

[GrammyKrausse]

Brings me back to last winter when a small company in New york City had a knick knack shop and put their employees in look a like disney costums and put them on the sidewalk to advertise their store and Disney put them out of business because they owned the rights to the images that they were using for the costumes. I mean completely shut down. I saw the costumes on the news and believe me they didn't really look like Disney quality but the people were sued and they went under. Then there was the PEZ case where there was a small Antique business where the owner was a collector and had a display only PEZ case full of old PEZ from the 1960's. He was in a lawsuit because he bought new Pez candy for resale and changed the logo just a little with his store name on it and he was about to go to court. Didn't hear on news if he lost or not. His claim was he baught the PEZ and he sould be able to do with it what he wanted.

I'm not saying one way or another but images that are copy righted can get you in trouble. I know, I know I use some for personal scrapbooking and it is illigal but I still do it sometimes LOL. But not for resale, I'm not that good at the images.

Can't say one way or other what you might need to do but if it were me I would go read some of the copy right law before taking the big jump.

Good luck
Grammy

[talanhart]

I'm surprised that E-bay is allowing those things to be sold. About two weeks ago, I was talking to the owner of a store and he told me that one of his customers was shut down by E-bay for selling copyrighted material.

[jasenj1]

It's called the "grey market". Selling others copyrighted work is illegal - but only if you get caught, and only if the copyright holder files charges. I see stuff at craft fairs all the time with copyrighted characters on it that I'm pretty certain the mom & pop team running the booth didn't secure the rights to.

It's kind of like speeding. You risk getting caught, but most people do it because the chances of getting caught are pretty slim.

- Jasen.

[talanhart]

I know what you mean. I see a lot of Yard Ornaments made out of wood and painted as M&M's and all sorts of cartoon characters. Some of the people that are selling these have been selling them for years.

[intothewoods]

Well, I guess if someone sells die cuts on ebay and the worst they can do to you is just shut down your ebay store, then thats not that big of a threat to them, I suppose. Its like....well, I'll do it until I get caught and then its over - no big deal.

Has anyone ever had any problems with selling die cuts online? Has anyone ever been prosecuted? I imagine they would give you a warning first? Just curious again, sorry.

[sandyj]

I don't know how to say this without sounding preach-ie. Copywrite infringement is illegal. You shouldn't do it because it's wrong, not because you don't think you will be caught. I'm talking about selling, not 'for personal use'.

I used to partner with an airbrush guy who thought like that. He painted whatever people wanted, no matter how illegal. I warned him but he doubted he would be caught, and if he was, how bad could it be? He said it was a 'victimless crime'.

He finally crossed the line with the Webkinz people (selling on ebay) and they came after him. He doesn't paint anymore.

The worst they can do to you ISN'T just shutting down you store - they can (and will) take you to court for monetary damages.