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   Author  Topic: crafts  (Read 1237 times)
Karen Dudnikov
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Re: crafts
« Reply #5 on: Dec 30th, 2003, 7:33am »
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A disclaimer on use can not supersede federal law on First Sale and Fair Use.
 
Major League Baseball Properties disclaimer states:
 
"For individual consumption only.  Any unauthorized use is prohibited and illegal."
 
They were never able to show us anything in federal or state statutes that said that a disclaimer was binding upon the purchaser.
 
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nobody
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Re: crafts
« Reply #6 on: Dec 30th, 2003, 9:39am »
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"If I purchase a program that has graphics in it can I print those graphics for my craft projects and sell them?"
 
^This is different than using one copy of a physical material you have lawfully. Each copy your software  prints is a new "copy." Under copyright law only the owner may make copies for distribution.
 
Are you speaking of a clipart or "printshop" type program? If so, what does the license agreement say? If it gives you permission to do it, then you can do it. Otherwise you need to negotiate or ask permission.
 
 
"A disclaimer on use can not supersede federal law on First Sale and Fair Use."
 
^Unfortunately through the use of modern technology and media it can. Although the issue of "forced" licenses may not have been settled by the Supreme Court yet, if you browse the available case law, you will see that many courts have decided that federal law does not preempt state law on this issue.
 
http://www.mlmlegal.com/MLMsoftware/electronic_MLM.html
http://www.library.yale.edu/~llicense/ListArchives/9901/msg00038.html
http://www.prestongates.com/publications/brief.asp?pubID=93
http://laws.lp.findlaw.com/getcase/fed/case/011108v2&exact=1
 
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Karen Dudnikov
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Re: crafts
« Reply #7 on: Dec 30th, 2003, 11:35am »
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Software is another whole ball of wax.
 
I was sticking more with the use of 'hard' items like fabric and paper.
 
Disney has a disclaimer on their fabric that they couldn't defend, same with MLB.
 
I try and avoid the whole software issue.  Too many landmines.
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M. Arthur Auslander
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Re: crafts
« Reply #8 on: Jan 2nd, 2004, 8:18am »
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Dear Nobody,
 
A careful reading of the underlying info with regard to the program you buy may have the answer.
 
« Last Edit: Jan 19th, 2004, 2:17pm by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
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