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Using crayola crayons in jewelry


#1

im going to use a bunch of crayons in some resin jewelry im making,
is it legal to then sell the jewelry?

i was thinking of maybe coloring on paper and then sticking the
paper in the resin. but i was also thinking about using pieces of the
crayons(just putting them in the clear resin) and even WHOLE CRAYONS.

if i sell the jewelry i make with the crayons would that be illegal?
what would be legal to do?


#2

If it’s a one off using original media or advertising, it is not
subject to copyright, or trade mark infringement. If you replicated
the crayon brand name, you would be in trouble.

Another example I came across and saved a company some big bucks.

There was a poster that had brand name items from a catalogue stuck
to that poster. The original poster was not in breech of trade mark
or copyright infringements as it would be considered a collage.

The problem was that this piece was going to be reprinted in the
thousands, then it would have breached trademark and copyright
legislation, in Australia.

Regards Charles


#3

Do you mean will it be illegal to use the crayola brand, or to use
any kind of crayon? So long as you don’t claim them to be something
else, the latter isn’t a problem, but if the issue is one of
branding, you’d have to contact Crayola. Personally, I’d treat them
as found objects, and a short run isn’t likely to be noticed by
Crayola, or of interest to them. But then some companies are absolute
fascists when it comes to their brand, so you are best off checking.
You never know, they might like the idea, and send you a few crates
of crayons in exchange for some finished items that they can use for
promotional purposes.


#4

Why would it be illegal? Crayons such as those made by Crayola have
to be safe for kids, so contact or ingestion wouldn’t be a problem.
There’s no quality standards for crayon jewelry.

Go for it!

Mike DeBurgh, GJG
Alliance, OH


#5
Why would it be illegal? Crayons such as those made by Crayola
have to be safe for kids, 

I didn’t reply earlier because I figured some of the legal-eagles
here, of which I’m not really one, would weigh in…

You bought the crayon, it’s yours to do with as you choose. You
didn’t buy the rights to the name, so you can’t call yourself, or
your work, “Crayola”. Generally speaking… This comes up now and
then with things like champagne corks and bottle caps being recycled
into jewelry, clothing or accessories. You own the individual item
because you bought it, you don’t own the name, the design rights or
any patent rights on it. But the crayon is yours to use as you
please. If you went international you’d likely need to talk to them
at least to make nice, but it’s my understanding that repurposing an
existing product is entirely legal as long as you don’t try to use
the brand as your own.