Table of Contents
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Because the trademark owner has the exclusive right to use the trademark on his items, you must meet the requirements of the trademark owner to obtain a license to use the trademark.
Can you sell trademarked products?
No-one needs your permission to sell your product. They would need permission to manufacture a product and put your name on it, but that’s something entirely different and it’s called “licensing”. If the product is genuine there is really not much you can do.
Can I make fan art and sell it?
The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.
Can I paint a logo and sell it?
NO. The use of a company logo without permission from the owner would likely violate both trademark law and copyright law. Create a totally new version – think of an abstract version of the Fenway Citgo sign – colors and basic shapes might be okay to copy – but the art should be your own.
Is it legal to sell fan art on Etsy?
Originally Answered: Is selling fan art in an Etsy shop illegal? If you are breaching trademarks or copyrights, yes, it’s illegal. The term “fan art” has no legal standing.
How do you sell a trademarked item legally?
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases — even against a small, localized business.
How do I avoid copyright infringement on Etsy?
Don’t Use Artwork That Isn’t Yours! Copyright law centers around the protection of someone’s creative work – and that includes art. Don’t use artwork from the Internet without an artist’s permission and then reproduce it on t-shirts, jewelry or other paraphernalia.
Is making fanart illegal?
Technically speaking, there’s nothing illegal in the US about making and selling fan art because copyright isn’t enforced criminally. Rather, copyright owners enforce their rights by suing infringers in federal civil court.
Do you need a business license to do art commissions?
If you are selling any artwork yourself, it is a legal requirement to have a business license. It allows you to file for a DBA (Doing Business As) so that you can operate under the business name of your choice. You can also operate a business under your own name.
Can I draw Disney characters and sell them?
You cannot sell your drawings of Disney characters because, by doing so, you would be infringing on The Walt Disney Company’s copyrights and trademarks. These characters are their intellectual property. If you want to sell your Disney artwork, you have to secure a license from them.
Can art be trademarked?
Yes, you can trademark artwork, but only if it’s artwork that you use to sell or promote your products or services. If you use a particular piece of artwork as the logo for your business or individual services, it is entitled to the same protections that any other logo would receive under trademark law.
How do you avoid copyright infringement on logos?
Let’s Take A Look At The Unique Logos To Avoid The Copyright Issues The Importance Of Unique Logo Design. Copyrights Matter. Avoid Stock Images. Use Your Own Logo Concept. Use The Colors Strategically. Use Legal Typefaces Only. Hire A Professional Designer.
Is drawing logos illegal?
No, unless you sell them to the companies. The logos are their property and copying them on signs constitutes copyright infringement and may also constitute trademark infringement, depending how your signs are used.
Is it legal to sell artwork with quotes?
Quotes are considered intellectual property, which is protected under the law. This means that if you’re not a quote’s original author and you want to SELL something with the quote on it, one of two things must be true: You have the author’s written permission to use their words on your work.
Can you sell art inspired by books?
Absolutely not! if a character is protected by an existing copyright, then artwork based on those illustrated characters is the creation of an unlicensed derivative work, which constitutes copyright infringement.
Are Etsy designs copyright?
Etsy takes intellectual property rights very seriously. Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright can take action against possible infringement. If you have an intellectual property related issue on Etsy, there are a few ways you can choose to respond.
Can I use a name that is trademarked?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Can I trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Can you sell someone else’s art on Etsy?
Reselling is only allowed in the vintage and craft supplies categories. Everything listed in our Handmade category must be made or designed by you, the seller. Reselling is not allowed in Handmade. Read more in our Handmade Policy.
How many copyright strikes can you get on Etsy?
Etsy has a 3 strikes and you’re out policy.
Do you need copyright to sell on Etsy?
If it’s on Etsy, it’s copyrighted. Harvard’s OCG explains “Under current law, copyright protection begins when an eligible work is fixed in a tangible medium of expression, such as by being written on paper or recorded on film or disk. Crediting the original creator never protects you from copyright law.
