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Copyright issues


lovelyscents

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1 hour ago, lovelyscents said:

I notice that some vendors use actual photos from google or even exact fonts from TV series etc. for their labels and / or websites. Will these vendors ever run into serious copyright issues?

 

You know...this might make me a terrible person but I do hope it catches up with them bc it's SO blatant sometimes. I do my best to check TESS and not copy people. Some of them make a lot of money on another person's hard work and it makes me crazy. I personally would not risk it for a myriad of reasons, integrity and avoiding legal issues being the top 2. 

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It very well may catch up to them. It did to a local candle maker near me who used college football logos and NASCAR images. She got sued right out of business and then some. She had been warned multiple times by folks that she was breaking copyright but thought she knew best.

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8 hours ago, lovelyscents said:

no, vendors

Ok . thats different. I see this all of the time and wonder myself. Like Faeryren said, it catches up to them. I too know of a lady that uses college  football 

logos on her soaps but obviously never got caught. In her case though, like many, I truly don't think she's doing anything wrong. I think because they 

see everyone else doing it gives them "permission" to do it too . I myself would never say anything to her because I think most peoples response would 

be a mean spirited defense attack. I just sit back and let things happen as they may. 

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I once did a show where the crafter next to me made flags. She used Disney characters and Football logos on her flags. We talked quite a bit and she told me about the process of getting permission to use the characters. My head was spinning listening to how many months and fees she had to pay to use just one logo/character. Some took years but most took months and months. I wondered if it was worth it but she seemed to think so. She was formerly a candle company but switched to flag making. Said she was making more money than ever. But that was about 10 yrs ago. Wonder if she is still doing that or gave up.

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People do get permission like Candybee mentioned, not all, but some do. I would imagine the application process + fees would vary by company. Maybe even by

what exactly it is you'd be using their logo on. Would that fall under licencing fees - does anyone know ???? Interesting topic . For example theres a very successful

B+ B shop on Etsy that uses a big corporation name thats been around since I believe the 70s. Then about a year ago I noticed the shop was down for about a week 

and then the name was slightly modified - still using the original name but adding By **** her name . It was interesting because I would of thought the whole name in 

entirety would had to of been changed. IDK seems odd to me , who knows. 

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I definitely think it is unfortunate if someone gets in trouble for it because I know a lot of people just try to set themselves apart.  Especially with wax and bath items since there is so much out there now.  However, I understand that is not the way to do it.  I do not want to mention any specific vendor names, but I have seen a range of things on labels including fonts the same as popular tv series, characters, photos / screenshots from movies and tv shows, photos of scents from the FO suppliers websites and google photos of the scents they use.  I see it so commonly now that I was just very curious how they are successful doing this.  I am scared to death to even name a business something similar to a name brand or big company.  Therefore, I have no idea how they are able to do it multiple times and on everything they offer.  JMO

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Yes. In the online vendor wax world, it is rampant. Disney Samplers, Hello Kitty, My Little Pony...on and on! It is wrong. As a fellow online wax world vendor, it is also agitating. 

Simply put, they are profiting off of something which does not belong to them. Setting themselves apart with something they do not have permission to use.

There is a saying, "Do not build your home on rented land". Sadly, many are misinformed and think if they paid for a Disney, Star Wars or other pan/mold, that they paid the royalties because after all, "the mold exists" or they can find pictures on their computer that they can use that for profit. Nope.

If any use a property owned by the very large corporation where I have been for now over 30 years, I will contact them directly and ask that they not use them. If they do not comply, my pals in our legal department will be my next stop.

I guess because I have been in the corporate world for 3 decades, I understand business and the law. Although I am convinced many do understand but think they are simply being clever.

Some customers were just appalled that a big company like Lush Cosmetics would send a cease and desist to an online vendor who used all their scent names. Like somehow a big company was "picking on" a small vendor. That would be like me saying I went to any of your personal Facebook pages and used pics of your kids, grandchildren or pets on my product labels or website! Somehow they see that is wrong but do not have the same understanding when it is a large company.

As you can tell, I a VERY passionate about this subject! It is theft.  

 

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3 minutes ago, justajesuschick said:

Yes. In the online vendor wax world, it is rampant. Disney Samplers, Hello Kitty, My Little Pony...on and on! It is wrong. As a fellow online wax world vendor, it is also agitating. 

Simply put, they are profiting off of something which does not belong to them. Setting themselves apart with something they do not have permission to use.

There is a saying, "Do not build your home on rented land". Sadly, many are misinformed and think if they paid for a Disney, Star Wars or other pan/mold, that they paid the royalties because after all, "the mold exists" or they can find pictures on their computer that they can use that for profit. Nope.

If any use a property owned by the very large corporation where I have been for now over 30 years, I will contact them directly and ask that they not use them. If they do not comply, my pals in our legal department will be my next stop.

I guess because I have been in the corporate world for 3 decades, I understand business and the law. Although I am convinced many do understand but think they are simply being clever.

Some customers were just appalled that a big company like Lush Cosmetics would send a cease and desist to an online vendor who used all their scent names. Like somehow a big company was "picking on" a small vendor. That would be like me saying I went to any of your personal Facebook pages and used pics of your kids, grandchildren or pets on my product labels or website! Somehow they see that is wrong but do not have the same understanding when it is a large company.

As you can tell, I a VERY passionate about this subject! It is theft.  

 

And I agree 210%!  The whole reason I brought it up is because I think it is getting out of control and am just very shocked it continues.

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21 hours ago, justajesuschick said:

Yes. In the online vendor wax world, it is rampant. Disney Samplers, Hello Kitty, My Little Pony...on and on! It is wrong. As a fellow online wax world vendor, it is also agitating. 

Simply put, they are profiting off of something which does not belong to them. Setting themselves apart with something they do not have permission to use.

There is a saying, "Do not build your home on rented land". Sadly, many are misinformed and think if they paid for a Disney, Star Wars or other pan/mold, that they paid the royalties because after all, "the mold exists" or they can find pictures on their computer that they can use that for profit. Nope.

If any use a property owned by the very large corporation where I have been for now over 30 years, I will contact them directly and ask that they not use them. If they do not comply, my pals in our legal department will be my next stop.

I guess because I have been in the corporate world for 3 decades, I understand business and the law. Although I am convinced many do understand but think they are simply being clever.

Some customers were just appalled that a big company like Lush Cosmetics would send a cease and desist to an online vendor who used all their scent names. Like somehow a big company was "picking on" a small vendor. That would be like me saying I went to any of your personal Facebook pages and used pics of your kids, grandchildren or pets on my product labels or website! Somehow they see that is wrong but do not have the same understanding when it is a large company.

As you can tell, I a VERY passionate about this subject! It is theft.  

 

In the case of Etsy I think it's a matter of them making $$$$ 

and they are willing to have a blind eye as long as they're making a lot 

of money, which in this case they are. As much as it is frustrating there's really nothing one can do.

the sad part to me is, it shows people it does pay to be dishonest 

 

 

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9 minutes ago, Moonstar said:

In the case of Etsy I think it's a matter of them making $$$$ 

 

As much as it is frustrating there's really nothing one can do.

 

I am happy to be out of Etsy so cannot speak to that.

The online Vendors (Facebook and Instagram wax community Vendors) are some of the biggest offenders. Since it is posted out in all the big general wax groups, it is very blatant and obvious for all of us who are competing for those customer's sales to see.

 

Many companies who's properties are often used with our permission have piracy email addresses and encourage sharing of information on theft of their intellectual property.

 

 

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8 minutes ago, justajesuschick said:

I am happy to be out of Etsy so cannot speak to that.

The online Vendors (Facebook and Instagram wax community Vendors) are some of the biggest offenders. Since it is posted out in all the big general wax groups, it is very blatant and obvious for all of us who are competing for those customer's sales to see.

 

Many companies who's properties are often used with our permission have piracy email addresses and encourage sharing of information on theft of their intellectual property.

 

 

thats crazy ! I don't even have it in me to do something like that. so they openly encourage it ??? wouldn't even want to be a part of something like that. crazy !

all kinds in the world I suppose :( 

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On 1/14/2017 at 6:01 PM, justajesuschick said:

Yes. In the online vendor wax world, it is rampant. Disney Samplers, Hello Kitty, My Little Pony...on and on! It is wrong. As a fellow online wax world vendor, it is also agitating. 

Simply put, they are profiting off of something which does not belong to them. Setting themselves apart with something they do not have permission to use.

There is a saying, "Do not build your home on rented land". Sadly, many are misinformed and think if they paid for a Disney, Star Wars or other pan/mold, that they paid the royalties because after all, "the mold exists" or they can find pictures on their computer that they can use that for profit. Nope.

If any use a property owned by the very large corporation where I have been for now over 30 years, I will contact them directly and ask that they not use them. If they do not comply, my pals in our legal department will be my next stop.

I guess because I have been in the corporate world for 3 decades, I understand business and the law. Although I am convinced many do understand but think they are simply being clever.

Some customers were just appalled that a big company like Lush Cosmetics would send a cease and desist to an online vendor who used all their scent names. Like somehow a big company was "picking on" a small vendor. That would be like me saying I went to any of your personal Facebook pages and used pics of your kids, grandchildren or pets on my product labels or website! Somehow they see that is wrong but do not have the same understanding when it is a large company.

As you can tell, I a VERY passionate about this subject! It is theft.  

 

 

In a corporate dog-eat-dog world, a copyright/trademark holder's best friend is the violator's competitor.  

 

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THIS is what I meant when I said that companies are grateful for being alerted. This was posted in the crazy Candle Maker's FB group which is rampant with every kind of infringement and frankly dangerous practices which are sort of accepted as the norm. A person posted a pic of their Chanel, Louis Vuitton and other branded candles.  Guess someone shared the pic or the guy's website with Chanel and this was their response. One person chimed in that it was fine if you added a TM to what you made with a logo so that people would know it was not your brand. WHAT??!! Consider a Circle C copyright mark or a TM a stop sign!

Thought that I would share since I brought up that Licensors/Brands appreciate being informed when their intellectual property is being used for someone else's profit (aka theft).

16003042_1888098331423720_2552817261460864782_n.jpg

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With trademark and copyright infringement, companies HAVE to challenge all illegal use. If Lush, for instance, let a "little guy" slide, it sets a precedent. The next illegal use by ANY size company would be difficult, if not impossible to defend. It is an all or nothing position.

 

 

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lovelyscents asked about clipart and I see where people in some of the groups just grab them from anywhere.  I get all my clipart/pictures that I use from fotolia.com.  It cost but I don't have to worry about it being legal.

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6 hours ago, grama said:

lovelyscents asked about clipart and I see where people in some of the groups just grab them from anywhere.  I get all my clipart/pictures that I use from fotolia.com.  It cost but I don't have to worry about it being legal.

So you use these photos they offer for your labels ? Great suggestion .

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I was just talking to my husband about this the other day. Without mentioning names, there is a candle vendor I follow on Instagram that is very much piggybacking off establish branding and even locations. They have a huge following that I would assume would garner attention from the brand, but they continue to operate. Even if they are just skirting copyright infringement, it still seems dishonest, and it's also just a little unoriginal. Wouldn't you want to carve your own way instead of piggybacking off someone else's hard work?

 

It did get me thinking about candle names - can the name of scents be copyrighted?

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