Lego a copyrighted item

Shop Talk
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I’m not sure that potential customers would see it as a problem. I remember from my fair days, one fair I did had a woman selling designer handbags - Dior, Fendi, Chanel etc - all branded, in branded packaging and with branded dust bags. £35 each. Massive crowds at her stall. Nobody seemed to wonder why those brands would allow their stuff to be sold at a fair in a school gym for around 10% of their actual price.

I think most people would just see something they like, and if the price is OK, they might buy. If the question of copyright or legitimacy does cross their mind, I suspect they would assume it’s all above board because otherwise, why would the seller be allowed to sell there?

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43

Sorry Heather but the whole ethos of Folksy is handmade not bought in products and resold or breach of copyright. If those sort of things were allowed onto Folksy would become EBay. This is the home of British handmade.

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Helen? Sorry, not sure if you’re replying to me? I’m Heather.

If you were replying to me, I was not for one moment suggesting bought-in resellers should be allowed on Folksy and I’m really quite offended that anyone could misinterpret my words in that way. I hate that tat with a vengeance. I was speaking generally and giving examples of my previous experience in face to face selling and trying to understand why customers would buy hooky gear.

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45

Sorry Heather. You said customers did not seem to have a problem with the handbags at a fair. I got the impression that you meant people would not worry what was being sold on here. Apologies if that is wrong.

I have been to fairs where that sort of thing has turned up and they have been told to pack up and go. If they have not been told would have been one of the first to complain to the organiser. I
A group of us did just that when the organiser, said well too late now, never mind. With that about 8 us took down our stalls. Walked passed the organiser with her mouth open and loaded our cars and drove off. She sent a rude email afterwards and said would not be offered a stall again. She was informed that she had misled the event to us and demanded our money back. As I was in a lawyers office at the time, she got a demand for funds. Refunded in the end as threatened to take her to court for misrepresentation. The paperwork clearly stated handmade only. A few of the ladies informed the customers queuing outside why we were leaving.

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46

Just because I said that customers may not have an issue, that does not mean that I agree with it. I was responding to a comment by Joy about what potential customers think if they spot these dodgy listings and I genuinely think that your average customer would not consider it an issue. Does not make it right, I was just pointing out that what is a massive red flag for us is not necessarily so for the average punter.

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47

MY customers Would I’m pretty sure consider it an issue. With 15 years of very happily selling 4000+ pieces to them on Folksy I feel I can be reasonably sure of that. They buy on Folksy because it is British Handmade. Also of course because they like my very much 100% handmade glass.:grin:

Can we though get back to the point in hand. Copyright violating things should not be sold here or anywhere else.

I used to make VW camper vans …they were popular. Winnie the Poo too. I don’t make them for sale now that I know I shouldn’t. Not for sale anyway. Private gifting Is Ok and valid

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Sorry - I thought this was a discussion thread and I was responding to a point made.

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49

Of course. But this topic was specific to the copyright issue / problem and it is so easy for topics like this to go off on a tangent with the actual point getting lost in the trees xx😁

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An interesting thread - I am particularly from the fabric aspect.

Like others I agree we shouldn’t copy designs and either pass them off as our own. So no Mickey Mouse Ear hats, or VW Campervan glass art as Joy says. Or even less well known brands - I do felt applique on some of my products, in the early days I used to “copy” a motif from the fabric I was using, they weren’t exactly the same but close enough. Nothing is ever truly unique, we are all inspired by the things we see around us, but these were blatent :roll_eyes:. Needless to say I’m doing my own motif designs now (and still nagging my Dad for drawings so I can print my own fabric…)

The principle of first doctrine is interesting, and the links provided by Debbie @thecrimsonrabbit reminded me of some research I did many years ago when I first started using upcycled and vintage nursery fabric in my makes - I still have a load of Warner & Disney remnants that I bought but never used and am now selling as used fabric suitable for personal crafting through eBay. I bought them secondhand but I suspect they were duvets or curtains, so there is a change of use by someone else in the chain, which is controversial.

Back to my current makes, and whether it’s ok to use commercially printed fabrics in products to sell. I’m not talking about Disney, but everyday prints by big brands such as Moda, Liberty or Rose and Hubble.

I use a lot of quilting fabrics in my makes - very few have the “only for personal use” printed on one side, and I’m increasingly seeing that manufacturers are actually aware we use their products, and some are actually facilitating it.

As some of my makes are toys, I need to get the relevant certificates for the part 3 chemical safety aspect of the testing, and as this is much more stringent than the normal testing needed to sell fabric in the EU/UK, it’s not something manufacturers do routinely.

The groups I belong to pay for fabric/yarn to be tested ourselves - but we are finding manufacturers and suppliers are now replying to emails from small scale toy makers asking about chemicals used in the manufacturing. And a few are actually having the products tested themselves and selling it as EN71-3 compliant (Rose and Hubble is an example). They know this is in respect of fabric being used for items made for sale, as you don’t need these specific tests to make toys for family, friends or to donate, nor for any non-toy purpose.

Not all are so helpful - there will always be fabric manufactuers I avoid, and of course it certainly doesn’t apply to the characters printed under licence - whoever the manufactuter.

Now, does anyone want some Donald Duck remnants going cheap? For your own use of course!!! :grinning:

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52

Ive flagged it in the local captains group - that normally gets seen quicker than a tag here so hopefully it will be removed from the socials soon

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53

Yeah, that caught my eye too. I appreciate its a bit of a hazy area for folksy but suspect Cadburys would have no problem identifying the line, and that it had been crossed.

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My working theory about fabric manufacturers and unlicensed fabric is that many could care less - “just buy our fabric!” For others, they stay silent on the issue so that they don’t have to take a position until something comes up that they have a big issue with - like getting their designs ripped off by other manufacturers. There are a lot of Chinese manufactured rip offs out there but I don’t think anyone less than Disney can really do anything about that - the Chinese manufacturers really don’t care because they’re pretty untouchable.

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55

Trying not to go off topic here but… those Eggs are nowhere in any Folksy shop.that my eyes or a Folksy search bar can find anyway… not even a google reverse image search… So where did Folksy find that photo and why did they include what appears not to be to an active listing ??
Sorry definitely off copyright topic here but This all links back to my niggled point that it is SOOO important when you post on social media, as we all do, to promote our own works and lovely work of others to put a ‘direct link’ to the listing of the thing you are promoting… Not a possible link to a social media page which may or may not include a link to the sellers Folksy shop and if it does the potential customer then has to search the shop and will probably fail to find what they saw in the social media post … if they had not already given up and gone elsewhere. I did !

PS I decided to do my own Folksy Easter Gift post so here it is. Only done it on Facebook and only chosen from shops where i can find a link to their Folksy shop from the FB page and vice versa. I’ve added links to the individual listings against the photos. :slight_smile:

@bearlescent
@thewanderingbeachcombers ( :frowning: can’t forum tag)
@TheOldButton
@knotsofstring
@sulwenarts
@SilvanaJewellery
@ClaresPrints ( :frowning: can’t forum tag)
@joysofglass

I’ve added it in a comment on the Folksy selection of Easter gifts post too.

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56

Thanks so much Joy, for including me :blush:. I’ll go and look for it now - just looked, it’s really clever.

I’ve been struggling with how much should I link, as I don’t want to spam too much with the “buy my stuff” message. But when we showcase a product for sale, we should direct link in a way that’s super easy for the customer.
I love doing Folksy Friday boards - they are great fun and I hope I can help promote others. But although I’m tagging the maker (where I can), I really need to add direct product links too. It’s easier in FB as you can drop them in the comments (or as photos as you’ve done which is even better.
Not so good on Insta as you can’t add links.
Pinterest - although I’ve been experimenting with adding direct pins to sit alongside the Friday board. It works in a similar way to your FB group of photos.

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57

It may have been added as marketing ploy by Folksy - but that seems very daft given the issue of copyright.
It could be the listing has been taken down. Not sure if they can edit their post - was it in a collage picture, or on its own? :astonished:

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59

Thank you so much Joy for including my woodland bunny, lovely board

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60

I found it easily just by clicking on the picture and then putting the shop name in the items search bar . I can see that that picture is made up of two pictures combined in the other pictures of the pendant. as the chain position and keyring are identical. I wonder though if this is really a copyright issue as it as the foil of a egg has been uses… wouldn’t that just be classed as recycling? The Lego issue is if you use the Lego trademark as if it is made by them? It is not like it has been passed off as being manufactured by Cadburys? I see that in one of the new shops there is a bag made from used cat food pouches and personally I would class that as recycling .

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I found the shop of course but because the photos were totally different from the listing main picture and the title was different I failed to spot it. I was simply playing Joy Egg the innocent interested customer who failed to find it easily and gave up.
I have no idea what Cadbury class as a copyright infringement. I could ask them I suppose as they are the backers for my bigger private pension as I worked in their IT department for a number of years. A very bad place to work for someone with a chocolate addiction but the pension was generous :slight_smile:
But if is an infringement it is just one of hundreds here as any single keyword search will reveal. Not a good look in my opinion.

PS I am on the Naughty shop (Oops sorry Step nothing wrong with my shop :rofl::rofl:) so will not be eating any Cadbury cream eggs for a while and will not be sharing any with you either :slight_smile:
Brenda @Gweddusart please send Cake :slight_smile:

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We understand some sellers are concerned about copyright infringement, however this thread has now moved to discussing items which are clearly identifiable. This is considered calling out and is against the terms of our forum, so I’m afraid we’re going to have to close this thread.
When discussing issues such as items you don’t think are suitable for Folksy, please keep things vague. Even if a seller’s name hasn’t been specifically mentioned, if it’s clear which item/seller you’re talking about, this is calling out.
If you have an issue with a specific item, please use the report button to report this to us privately rather than turning it into a public discussion about whether a particular item or seller should be allowed.

Details of our copyright policy are here - https://folksy.uservoice.com/knowledgebase/articles/58120-copyright-and-trademarks

For our social media posts, there are times when we may use a different photo to the first listing photo to promote an item, because we feel another photo in the listing works better for social media.
For Facebook we do try to add links to the exact item in the photo comments so buyers can easily find these, however as our posts are scheduled in advance and the links are added manually, this does mean there will be a delay in these being added (particularly for weekend posts).

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