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[JennL]

If I purchase a program that has graphics in it can I print those graphics for my craft projects and sell them? Can I purchas wrapping paper, cards,  fabric or other paper with designs on it make, a craft with it and sell it?  

[Karen Dudnikov]

I'll address part II.

Yes to the use of fabric, wrapping paper, cards.  However, you can't copy the design on the paper/cards and reproduce them and use those.

I also humbly suggest the use of a disclaimer.  

"This is not a licensed product although it has been made from licensed material from so and so and I am not affiliated with nor sponsored by so and so"

Having said all that, although you are protected under First Sale and Fair Use Doctrines that doesn't stop the rights holder from trying to bully you.

[JennL]

I guess I should have made myself more clear. If I purchase wrapping, card or fabric can I cut that design out, glue it to something else and sell it?

[Karen Dudnikov]

I don't see why not, but with the caveat of using a disclaimer.  And of using the actual paper, not making a copy.

I use fabric on the badge-a-minit stuff and make magnets.  I would think the same would apply to the wrapping paper.

But, I've been within the law on things I've done and companies like Disney, Major League Baseball Properties and United Media have made me prove it in court.  Good thing for me I can represent myself.

I would be iffy on using software to print out things and using those.

[M_Arthur_Auslander]

Dear JennL,

I would want to know what the terms of purchase are and the Copyright status and instructions of what you have bought.

[Karen Dudnikov]

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.

[nobody]

"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

[Karen Dudnikov]

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.

[M_Arthur_Auslander]

Dear Nobody,

A careful reading of the underlying info with regard to the program you buy may have the answer.