IS this legit? Copywrite and legal questions.

Nyria

Nyria

Diggin TPF
O.G.
Aug 20, 2006
12,158
13
#1
Hi all,
I sell custom made italian charm bracelets on Ebay. I do pictures that are sent to me but I also do pre-made bracelets etc. and a really popular item I do is broadway bracelets.
I've been selling Bracelets and charms from the Musical 'Wicked' for about a year now and the other day I got this message in my ebay messages:

I am an attorney with Universal Pictures and Wicked LLC, the copyright owners of the musical play Wicked and all elements thereto, including all of its associated artwork and photos. Your charms are an infringement of Universal's and Wicked LLC's copyrighted materials and we hereby demand that you immediately cease the manufacturing and selling of your infringing items. We appreciate your enthusiasm towards our show, but we have an official and exclusive arrangement with Araca Merch to do all of the show's merchandising. If this auction continues or you continue to infringe our rights, we will have no choice but to report you to Vero @ ebay. Thank you. Keith Bxxx. xxxxxxxxx


So - I did some digging. Keith Bxxx is an attorney with Universal pictures.
Also - the message was sent from the account of 'wickedkeith' which has no transactions on record and was opened March '05 - the same time that Wicked opened.

So - it all seems legit -- but I noticed that another seller has their Wicked bracelet up.
I'm thinking maybe she reported me because I was selling the same thing as her (but at a higher quality).

What are the copywrite laws when it comes to this?

Thanks =)
 
#2
I definantely think you are in the wrong for selling them! And if you continue selling them and they took you to court they could sue you for damages, for reproducing an inferior product and for copyright laws! They will look into how much money you have made selling their products and seek compensation for lost sales. And if you are not business registered this could cause you even more problems!
If another seller has hers up- let her- she may also be fined!
 
#3
I'd just tweak the design a little bit, call them Wicked inspired, and tell the lawyer to piss off. Or, just register your company in a country where U.S. copyright laws don't apply; the lawyer can't touch you then and it's not that expensive to do.
 
#4
Nirodha said:
I'd just tweak the design a little bit, call them Wicked inspired, and tell the lawyer to piss off. Or, just register your company in a country where U.S. copyright laws don't apply; the lawyer can't touch you then and it's not that expensive to do.
Click to expand...

Unless you are familiar with US copyright laws, I think it is dangerous to give this kind of advice. If the OP is living in the US, the US laws would likely still apply to her.

I would contact your supplier and see if they can obtain permission from Universal to make and sell the items.
 
#6
I'm not sure I would want to deal with Wicked's lawyers. It seems more trouble than it's worth. I'm not knowledgeable on copyright law but I myself would probably cease and desist.
 
#10
Yep, I would unfortunately have to agree that the items are potentially infringing UNLESS the only way they reference Wicked is that there are some charms that are manufactured BY Araca Merch, or someone else legitimate...in that case you would have every right to incorporate those charms--which were legally acquired by you--into your own original designs.

And this DOES come directly from an attorney.

C--will you send me a link to an auction via email, so that I can just make sure my advice applies?
 
#11
Nirodha said:
I'd just tweak the design a little bit, call them Wicked inspired, and tell the lawyer to piss off. Or, just register your company in a country where U.S. copyright laws don't apply; the lawyer can't touch you then and it's not that expensive to do.
Click to expand...

Someone with no ethics or integrity giving advice. Wonderful. :tdown:
Karma will catch up with you. This I know for sure.

Doubt very much she is copyright attorney cause they wouldn't give out this BS advice.
Just pond scum who's not creative enough to come up with their own ideas. So they steal others. :yucky: No class.
 
#13
Vegas Long Legs said:
Someone with no ethics or integrity giving advice. Wonderful. :tdown:
Karma will catch up with you. This I know for sure.

Doubt very much she is copyright attorney cause they wouldn't give out this BS advice.
Just pond scum who's not creative enough to come up with their own ideas. So they steal others. :yucky: No class.
Click to expand...

???:wtf:
Guard your tongue please.
 
#14
Nirodha said:
I'd just tweak the design a little bit, call them Wicked inspired, and tell the lawyer to piss off. Or, just register your company in a country where U.S. copyright laws don't apply; the lawyer can't touch you then and it's not that expensive to do.
Click to expand...

I also have to disagree wtih this advice; I'm sure this is what all counterfeiters count on when trying to sell their items.
 
#15
lorihmatthews said:
I also have to disagree wtih this advice; I'm sure this is what all counterfeiters count on when trying to sell their items.
Click to expand...


I agree with lorimatthews- and i can understand the above posters point too- just not how she worded it!

Obviously you are not liscensed to sell these products or is your distributor otherwise the question in your original post would not have been asked! Therefore the post answers itself.

This is not a counterfeit issue though unless you have copied merchandise already being sold by them, although it is an infringement of copyright laws!
 
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