Advice

Can I sell copyrighted items?

Can I sell copyrighted items?

A US copyright may be sold or transferred as long as the transfer is in writing and signed by the party relinquishing ownership. However, a copyright is rarely sold outright; more often it is transferred as part of a business agreement. Selling a work or a copy of the work usually doesn’t transfer copyright.

Can I make and sell copyrighted items?

When you design and create an item for sale, the design and the item are yours. Using copyrighted fabric is acceptable because you’re not simply re-selling the fabric. Under the first sale doctrine, copyright owners can only bring a claim against the first purchaser of their product.

Can I sell copyrighted items on my website?

The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases — even against a small, localized business.

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What happens if you sell copyrighted material?

If you own copyrighted work, no one else can use your work without your permission as long as you are alive, plus an additional 95 years. If you are caught using copyrighted material or images owned by a legal copyright owner, you may have to pay him civil damages.

Are Etsy designs copyright?

Etsy takes intellectual property rights very seriously. Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright can take action against possible infringement. If you have an intellectual property related issue on Etsy, there are a few ways you can choose to respond.

Can I sell crafts with logos?

No. You cannot use logos without a license to do so from owners of the copyrights and trademarks.

Can you sell copyrighted items on Etsy?

Although lots of shops on Etsy sell trademarked or copyrighted products, it is indeed illegal, unless they’ve purchased licensing from the owning company. This licensing is quite expensive though, with some of the well-known brands costing $20,000 + and a percentage of sales.

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Can I be sued on Etsy?

The potential risks to your business of operating in infringement of another trademark are very real. Beyond simply having your merchandise removed from your Etsy store, you may find yourself being sued for infringement, and, potentially be liable for damages.