jewelers/beaders. Upon purchasing the items, am I infringing
on their artistic rights by using it in the jewelry I am making? Do
I have to get the other jewelers/beaders permission before selling
You’re looking for “perfect rules” where only “general rules” and
"reasonableness" come smack up against “reality.” In general, if the
"artist" (may or may not be an artist) making the charms/beads/etc.
was “obviously” making them for your inclusion in the complete items
of others then you have every right (you BOUGHT and OWN the
charms/beads/etc.) to include them with or without any permission or
reference to the “artist.” (Of course if reference to the “artist"
will help you sell your pieces you should probably do it and you
still do not need permission.) However if they were making
"completed” pieces that were meant to stand alone (EXTREMELY
improbable for beads/charms/etc.) then it gets much more
complicated. BUT, if you are using the beads/charms/etc. in a way
that is INTENDED, or “realistically” could be interpreted to be
intended, to harm, denigrate, damage, etc., the original “artist"
then you MAY be crossing the line into a civil infraction of the
"artist’s” rights. Either case in the latter sentence is highly
unlikely (I hope).
All that said, if the “artist” chooses to sue you they have the
right to and you have a legal MANDATE to defend yourself in court or
somehow settle the issue (legally) and privately. Of course should
they sue the first thing you do is QUIT BUYING from them and demand
your money back in exchange for any stock of their charms/beads/etc.
you have on hand. The odds of them suing are practically 0.
So my advice is incorporate the charms/beads/etc. YOU BOUGHT happily
in your products and, if it helps sales (otherwise not), tell your
buyers what “artist’s” charms/beads/etc. you have used.
IANAL. For $200 and up a lawyer may well advise you to purchase more
of their services regardless of the odds you’ll actually get value
And about those automobiles: “body by Fisher,” “spark plugs by
Champion,” “tires by Firestone,” “ABS by Bosch” . . . Perhaps you
haven’t been paying attention, no permission was required though it
may have been “granted.” As long as no implication of endorsement by
the part supplier to the whole car is implied or could be reasonably
expected to be understood by consumers no permission would be needed.
If endorsement is implied or stated then permission would be
James E. White
Inventor, Marketer, and Author of “Will It Sell?
How to Determine If Your Invention Is Profitably Marketable
(Before Wasting Money on a Patent)” www.willitsell.com
Also: www.booksforinventors.com and www.idearights.com