Upcycling with copyrighted/trademarked items

[#1]

I saw a couple of threads in the main forums about upcycling items which include trademarked images/text, or are in current copyright. While a lot of the discussion is speculation, some facts are also buried there, so I thought it might be useful to bring the discussion up here as well. Please feel free to link to any additional relevant discussions, add any comments or info you have discovered during the course of your own work or that may be potentially helpful to other team members, or ask any related questions.

N.B. I'm no expert on this subject, so apologies in advance for everything I have no clue about; I just thought it would be worthwhile to raise awareness of the subject given the theme of our team...

[Former_Member]

There are lots of interesting points in this discussion! i don't normally use copyrighted images at all but I have some Shrek themed fabric that is just enough to make two of my very popular chopstick bags. Would I be allowed to sell these here for profit? If not for profit would I be able to sell them with the proceeds going to charity?

[TangleCrafts]

Juliet, from what I've read in the forums, I think it depends what was printed on the selvedge of the fabric, eg 'for personal use only' etc. I believe most licensed character fabrics are usually intended for personal use rather than allowing the sale of finished products (I don't think a distinction is made between selling for personal profit or for charity). I've seen this hotly debated in the forums, though, so don't think there's a hard & fast legally correct answer. I would err on the side of caution if you do make the chopstick bags & not use any Disney names in your title or tags. Or possibly consult with someone who has legal background, because all of this is just conjecture on my part...

[Former_Member]

Thanks! There isn't enough selvedge to the piece of fabric for me to know whether it states 'for personal use'

I'll definitely not use any Disney tags in my listing!

[TangleCrafts]

Juliet, I just found this public forum discussion about selling items made with trademarked fabric:
https://www.etsy.com/teams/7718/questions/discuss/12710757/
I haven't read through, but I noticed there's a pinned reply from an Etsy admin at the top.

[TangleCrafts]

I know Lego has come up in this thread before, but thought I would link this current public forum discussion from someone who has received notice of infringing on their Intellectual Property: https://www.etsy.com/teams/7718/questions/discuss/18348314/page/2

[NaturalClocks]

A lot of information here, thanks Tanglecrafts and everybody else! It is such a minefield that we must be very wary of what is and what isn't allowed. I found the thread on the beer bottle caps particularly useful, as I have considered trying to make a clock with those. Clearly that won't be an option now, if I ever decide to have a go at it, I'll buy some plain caps off Ebay lol.

[TangleCrafts]

A public forum thread from a seller who upcycles old records into clocks, who has received a trademark infringement notice:
https://www.etsy.com/teams/7722/discussions/discuss/18564096/

[TangleCrafts]

Public forum discussion:
Can I use upcycled Wrangler pockets or is it a trademark issue?
https://www.etsy.com/teams/7718/questions/discuss/18578928/

[TangleCrafts]

Public forum discussion about creating collage artwork from magazine images (copyright infringement notice received by seller):
https://www.etsy.com/teams/7718/questions/discuss/18609751/