Is this even legal???

[Angelo Bottigliero]

Found this 'shop' on a SK Facebook group. It seems that all she does is take other people's art and stamp it onto generic pendants. She's selling those for cash. Is that even legal???

Dark Tower Pendant Necklace by HotHeadsBows on Etsy

 

[carrie's younger brother]

Found this 'shop' on a SK Facebook group. It seems that all she does is take other people's art and stamp it onto generic pendants. She's selling those for cash. Is that even legal???

Dark Tower Pendant Necklace by HotHeadsBows on Etsy

If she has licensed that artwork from the creator of the artwork, then yes. If not, then no.

 

[Angelo Bottigliero]

If she has licensed that artwork from the creator of the artwork, then yes. If not, then no.

I'm going to go out on a limb and say she hasn't...

 

[carrie's younger brother]

I'm going to go out on a limb and say she hasn't...

I think that's a pretty strong limb you are out on. I agree.

 

[Angelo Bottigliero]

Her reply after asking about permission:
"I just wanted to wear some DT jewelry and their wasn't any so I made some and it turns out other people liked what I was doing like I have already told you a few days ago Angelo if it's against Etsys policy they will take it down and their is tons of stuff on Etsy that is kings art from his books and as for making a profit after all the supply's are bought And I ship I mabye make $2 off them. I'm not doing it to make money I just wanted people who love DT to have some jewelry"

 

[Angelo Bottigliero]

And my reply to hers:
"It's not a craft of your own design. Listen, I am a photographer. If I made a picture of the Mona Lisa and sold that it would be wrong, right? Same applies here, and it's not Etsy that gets to determine wether or not you should be doing this. It's the original artists whose work you are selling that get to decide wether that is legal or not. They own the work, not Etsy, and not you. No matter how many times you want to tell me or anybody else otherwise, that is the way things are."

 

[GNTLGNT]

And my reply to hers:
"It's not a craft of your own design. Listen, I am a photographer. If I made a picture of the Mona Lisa and sold that it would be wrong, right? Same applies here, and it's not Etsy that gets to determine wether or not you should be doing this. It's the original artists whose work you are selling that get to decide wether that is legal or not. They own the work, not Etsy, and not you. No matter how many times you want to tell me or anybody else otherwise, that is the way things are."

...you may want to alert Marsha to this as well....the SK legal team don't play...

 

[Angelo Bottigliero]

Can I tag her?

 

[GNTLGNT]

Can I tag her?

...that should work...

 

[blunthead]

...you may want to alert Marsha to this as well....the SK legal team don't play...

Yeah, let Mod know.

 

[FlakeNoir]

...you may want to alert Marsha to this as well....the SK legal team don't play...

Can I tag her?

...that should work...

Yeah, let Mod know.

As this thread was started during her day shift, I think she would probably have already seen this.

 

[no bounce no play]

Yes, the owner of the images should be asked for permission to use the images. It might be the publisher who owns the rights to the images rather than the artist, and they may not care if only a small amount of money exchanges hands. Y'know... your tats are probably actually illegal too if you paid your tat guy for them

 

[skimom2]

Some people really don't understand intellectual property, and that reproduction isn't the same as their own original work. Bet she won't change a thing until/unless she or ETSY receive a C&D letter.

BTW, if Angelo's tats are original work-not copied from another source, i.e., jacket or internal DT art, they are NOT in violation of copyright or trademark.

 

[GNTLGNT]

As this thread was started during her day shift, I think she would probably have already seen this.

...she has a "MOD" signal that flashes over all of Bangor...I suggest it be fired up NOW Alfred!....

 

[Neesy]

...she has a "MOD" signal that flashes over all of Bangor...I suggest it be fired up NOW Alfred!....

I like the way you think Scott

How are you doing - are you back at work yet?

 

[GNTLGNT]

...not till Sunday...good thing, coz I've got enough edema for three guys...

 

[Neesy]

...not till Sunday...good thing, coz I've got enough edema for three guys...

That's good (you funny boy)

 

[no bounce no play]

BTW, if Angelo's tats are original work-not copied from another source, i.e., jacket or internal DT art, they are NOT in violation of copyright or trademark.

Thanks, I did not know that. I thought if I drew a picture of Whelan's/SK's dark tower (even if it was my interpretation), I'd have to get permission to sell it.

 

[VultureLvr45]

and Wouldn't want to be on the wrong side of them..

 

[skimom2]

Thanks, I did not know that. I thought if I drew a picture of Whelan's/SK's dark tower (even if it was my interpretation), I'd have to get permission to sell it.

It's sort of a gray area. If your work is an obvious copy of someone else's work (i.e., it's their vision), you might be infringing (though there's some leeway in % difference. My snaky brother in law uses that leeway a lot in his t-shirt business). But if you draw a pictre of the DT right from yourr own mind, i.e., your personal interpretation, gleaned from description in the books), you're okay. I'd not risk just copying someone else's vision and selling it.