Are scent descriptions copyrighted?

[dixiegal]

Tried doing a search on this and must not be using the right words to find it. I know many use the same scent name as the suppliers but what about descriptions?

[Candybee]

Any scent description on a website is by default copyrighted. You can use a description to do a search to find it but if you want to use it on your sight you should write it in your own words. Then your description will be your copyright.

[LuminousBoutique]

use it for inspiration and re-write it with your own words!!

[bugtussle]

I think a supplier's description goes along with the name and can be copied to your website. BCN has a copyright on some of their scents and you must use BC beside it, but I don't think fo names and descriptions are copyrighted. If an fo is called apple spice then it's description is apples and spice, there is no copyright!!!! Carole

[islandgirl]

I personally change every scent description, not becasue of copy right, but because I don't want customers or supplies putting my scent description into google and then being able to find out which supplier I use.....

[Candybee]

Some scent names are indeed copyrighted and using them may get you a C&D letter. As far as the scent description goes if it was worded by the supplier or manufacturer and put on their website it is in fact copyrighted material.

Another reason to write your own material has to do with web ranking. Web bots go thru your site and pick up on any copied text you have on your site. They can differentiate from the original and it will result in lowering your rank. Always use your own text to be original, improve your web rank, and not risk litigation from using copyrighted material.

[leisa2003]

I think a supplier's description goes along with the name and can be copied to your website. BCN has a copyright on some of their scents and you must use BC beside it, but I don't think fo names and descriptions are copyrighted. If an fo is called apple spice then it's description is apples and spice, there is no copyright!!!! Carole

I agree! If you are buying a FO from a supplier, I don't see how that supplier is going to be "upset" that you use their description of that FO.

I would think IF a customer found out what supplier you bought a certain FO from and the supplier and your description is even alittle different,.. that could possibly be more of a problem for you. JMO!

Edited October 7, 2010 by leisa2003

[dixiegal]

Interesting answers. Lots of good points, thx. I don't see any way around some words, like someone said vanilla is vanilla, but I can see where its better to make the description as much your own as you can.

[bugtussle]

Some scent names are indeed copyrighted and using them may get you a C&D letter. As far as the scent description goes if it was worded by the supplier or manufacturer and put on their website it is in fact copyrighted material.

You are correct, some scent names are copyrighted, like Yankee's, B&BW's, but the description is NOT. The dupes we buy are copies of those fragrances, but the suppliers description is NOT copyrighted. BCN has a couple scents they have copyrighted, you can use them but you have to give BCN credit for them.

I know nothing about BOTS and crawlers on a website, you may be correct. I've never had a problem or recv'd a cease and desist letter. Carole

[leisa2003]

I use Millcreek's Hillbilly Homebrew,..have not found another fo like it,..so I do use Millcreek's description of it.

Here's a couple examples of what you could run into....

You have a customer who buys this scent in a candle from you and then weeks later they buy the same scented candle from another website (maybe because of a sale or something) and it has a slight different description of the scent then yours,..somewhere along the line, some customer is going to THINK one of the candles smells a bit different althought it is the EXACT same fo and from the same supplier,..all because the description is a bit different. Could create a bit of a problem for you, or for the supplier you purchased the fo from. (A customer who thinks the scent was altered somewhere along the line).

Trust me, their are people out there who will swear that the fo is not the same, just because you have a slight different description on yours. I use the description that the supplier uses that I buy my FO's from because this way I am not changing ANYTHING.

I had a customer one time swear up & down that two candles of the same exact scents did not smell the same because the colors were not the exact shades of red. (same wax & same amount of fo) they were just made with two different pours and I use color blocks.

Edited October 8, 2010 by leisa2003

[Abbiepql]

My suggestion (for whatever it's worth) is this... Take the FO and make up your own descriptions based on what you smell. I have written descriptions for suppliers and have seen them posted all over the internet and I laugh because that decription was MY interpretation of the fragrance and the supplier agreed with me! When a supplier gets a FO in stock they sometimes get descriptions from the manufacturer - but often it's very vague or they get a detailed listing of all the components that is overwhelming and would make you gag if you did not know how each lends/works into the "overall" fragrance. That is the reason so many suppliers don't have descriptions, or they are very brief and generalized. I look at it this way - it's my job as a scent artisan to provide my customers a description that fits my interpretation. I don't go off the ones provided by my the supplier because it's not the way I interpret the fragrance and I am the one using it to create the product.

[leisa2003]

My suggestion (for whatever it's worth) is this... Take the FO and make up your own descriptions based on what you smell. I have written descriptions for suppliers and have seen them posted all over the internet and I laugh because that decription was MY interpretation of the fragrance and the supplier agreed with me! When a supplier gets a FO in stock they sometimes get descriptions from the manufacturer - but often it's very vague or they get a detailed listing of all the components that is overwhelming and would make you gag if you did not know how each lends/works into the "overall" fragrance. That is the reason so many suppliers don't have descriptions, or they are very brief and generalized. I look at it this way - it's my job as a scent artisan to provide my customers a description that fits my interpretation. I don't go off the ones provided by my the supplier because it's not the way I interpret the fragrance and I am the one using it to create the product.

I don't think the OP was worried much about how a FO's smell is interpreted, as much as the "legality" of using her own description or not. You can ran into problems changing things, even descriptions of products.

Think about it,.. I have heard customer complain about COUPONS because of the description. WalMart will NOT do price matches, if the sale item from elsewhere is NOT the exact product as DESCRIBED. JMO!!!

[Abbiepql]

Legally, you should get permission to use something that someone esle wrote - if for no other reason than CYA.

I addressed interpretation because regardless of what the supplier discloses, fragrance is very subjective. What I think smells like ginger and honey might not smell like ginger and honey to someone else. If the supplier did not make the FO or order it made, they only have the manufacturer's description to use - which may or may not adequately describe the FO.

Regardless of the legality of it, if you made it and are selling it - in my opinion you should write the description.

[leisa2003]

Legally, you should get permission to use something that someone esle wrote - if for no other reason than CYA.

I addressed interpretation because regardless of what the supplier discloses, fragrance is very subjective. What I think smells like ginger and honey might not smell like ginger and honey to someone else. If the supplier did not make the FO or order it made, they only have the manufacturer's description to use - which may or may not adequately describe the FO.

Regardless of the legality of it, if you made it and are selling it - in my opinion you should write the description.

I have yet to see or hear of any fo supplier not agreeing to letting you use their DESCRIPTION of the fo's that they are selling. You are making a candle, you are NOT making the FO (product) thats in it.

But I do also understand where you are coming from as well Abbiepql. We just have different opinions between writing what someone else wrote, to not using exact description of a product that WAS NOT manufactured by YOU.

Ok, I'm done,.. but I do understand where you are coming from and really, I don't think anyone is going to get into any "trouble" either for using their own description. I'm just leary to do so.

Edited October 8, 2010 by leisa2003

[bugtussle]

I have yet to see or hear of any fo supplier not agreeing to letting you use their DESCRIPTION of the fo's that they are selling. You are making a candle, you are NOT making the FO (product) thats in it.

But I do also understand where you are coming from as well Abbiepql. We just have different opinions between writing what someone else wrote, to not using exact description of a product that WAS NOT manufactured by YOU.

Ok, I'm done,.. but I do understand where you are coming from and really, I don't think anyone is going to get into any "trouble" either for using their own description. I'm just leary to do so.

I also agree, Leisa. The OP asked if the supplier's description was trademarked and it is not. I usually use my own interpretation but sometimes I use supplier's. Thks, Carole

[Abbiepql]

Technically what Candybee said is true - everything written by someone is copyrighted regardless of the author having a notice that it is copyrighted. Look up the Berne Convention for the Protection of Literary and Artistic Works and the USA inclusion after 1989. You should assume it is copyrighted and ask permission to use it -

Yes, I know suppliers allow purchasers to use their descriptions - all I was pointing out is that it's best to get permission. You never know.

Once a material is used to create a product - the resulting product is YOURS - you are the manufacturer of the sum of all parts (as explained to me by my agent when discussing product liability issues) regardless of who created or manufactured the raw materials. Suppliers are not manufacturers - they resell manufactured fragrance oils and supplies.

Now I am done...

[leisa2003]

LOL.

I sent a Email over to a "friend" and this is what his opinion was...

I would be surprised if any company sued someone for using a product description in connection with the sale of the product. The product description was written by marketing people for the purpose of selling the product. It should be noted that just because a work is registered with the Copyright Office does not mean every aspect (or any aspect) of the submitted work is protected by copyright. As a lawyer I wouldn't bother with such a complaint because I just don't see anything unlawful and it would be up to a attorney if he/she could find anything unlawful to stand.

ETS: I think it's just what YOU feel comfortable with,..I feel more comfortable with all my suppliers that it is ok for me to use their descriptions, rather than a uptight customer wanting to argue the fact of possible altering a product because of same name/different description.

Edited October 8, 2010 by leisa2003

[Kitn]

I agree with writing your own description. I noticed a seller on artfire yesterday using the supplier FO pictures in her lsitings

[leisa2003]

I agree with writing your own description. I noticed a seller on artfire yesterday using the supplier FO pictures in her lsitings

I ONLY agree that you should NEVER use any pictures but your own.

[CareBear]

Technically what Candybee said is true - everything written by someone is copyrighted regardless of the author having a notice that it is copyrighted.

this. and don't assume you have permission to copy. copyright infringement is another word for theft.

[bugtussle]

Carol, if I go to a supplier's website and buy a # of Apple Spice which is described as apples and spice. Then I make a candle with it and call it Apple Spice with same description. That IS NOT copyright infringement.

When a supplier sells an FO, they let me call it anything I want including the name they gave it. Same with describing it. This is certainly not theft. Carole

[leisa2003]

this. and don't assume you have permission to copy. copyright infringement is another word for theft.

Q. What isn't copyrighted?

A. The following cannot be copyright protected:

• Works, such as unwritten and unrecorded speeches, that have not been fixed in a tangible form
  
• Titles, names, short phrases, and lists of ingredients or contents
  
• Ideas, procedures, concepts, and unrecorded discoveries
  
• Works consisting entirely of common property, such as calendars, height and weight charts, and lists taken from public documents or other common sources
  
• Works by the U.S. Government, unless stated otherwise (see Resources)
  

ETS: You can find this info anywhere on the net, just search what isn't copyrighted.

Edited October 12, 2010 by leisa2003

[Abbiepql]

While googling check out copyright "fair use". For issues regarding names, titles and short phrases, check out "trademarks".

[leisa2003]

While googling check out copyright "fair use". For issues regarding names, titles and short phrases, check out "trademarks".

Please share with me where we cannot use a suppliers ingredients of their products that they sell to us, on our websites,..oh and when you do, I will share that info with my lawyer and let him advice me otherwise.

I can NOT find anywhere online where it states INGREDIENTS/DESCRIPTIONS of products are copyrighted, (as that is the title of this thread).

But here is info on TRADEMARKS: http://www.scribd.com/doc/20196/trademark-guide

And of course I could NOT find anywhere any info reguarding the use of suppliers ingredients/descriptions where their products are not allowed to be used by another. I'm sure you do though and I would really like to know, so that I am not breaking any laws using the same DESCRIPTION.

And, so that you don't throw out the copyright "fair use" again,..here is the link http://www.copyright.gov/fls/fl102.html and I did not read anywhere where it states that it is unlawful to use ingredients/description of a product UNLESS (read elsewhere),.. that it has a certain ingredient that is TRADEMARKED.

THANK YOU!

Edited October 12, 2010 by leisa2003
added

[adamsboro]

I know of one manufactuer that does not mind if you use their descriptions and pictures. I was talking to a cutomer service rep and asked her and she said that they encourage it.

I still use my own scent descriptions and my own pics when I sell on of their fragrances.