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 my pieces of
jewelry - or should I treat the purchase as I would if buying
supplies/materials from any other vendor (e.g., Rio Grande, Via
Murano, Rock Deco, etc)?
Wow, I think that is an excellent question, and I, too would like to
hear an answer, especially from an attorney. I remember hearing a
debate about this awhile back, concerning the use of licensed
fabric. Someone wanted to know if they could purchase licensed
fabric from a fabric store (think Disney, etc.) and then use the
fabric to make an item, (like a book-bag or quilt) and then sell the
final product for a profit. The advice given was to not do that,
that the artist/crafter could be sued because Disney, for instance,
did not make the final product. They would have to give permission
for the final product to be made, otherwise the consumer could
incorrectly assume that the final product was a Disney-produced
product. Also, Disney would not be profiting from the final
product, only the sale of the original product, which was sold for
the intention of personal use.
Please do not misconstrue what I am saying. I’m not saying that
anyone had a problem with Disney, I just used that as an example.
And I am not an attorney.
I guess copyright law fascinates me. A few years ago, in Cleveland,
someone photographed a lovely shot of the Jacob’s Field Stadium, and
sold posters of the work. If my memory serves me correctly, that
person was asked to remove all the posters from stores because the
poster was not authorized nor was permission granted by the stadium
owners that a photo of the stadium could be taken and then sold.
All of this because of a pretty picture…
So, please let us know if you consult a lawyer on this, and what you
are advised to do!