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Artist => Copyrights/Trade Marks info/questions => Topic started by: Gilligan on September 20, 2011, 02:22:27 PM
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Is there a certificate or something that someone can show to prove they have the right to sell licensed logos and such?
I have a product that I sand blast onto glass and someone wants to order some with some local college team logos. If they have the license to sell this then I should be able to provide them for her. But how do I know?
I don't want her to get busted and then say that I said *I* was licensed to sell them to her!
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They should have a licence number from a licensing company, like the CLC.
http://www.clc.com/clcweb/publishing.nsf/Content/Home.html (http://www.clc.com/clcweb/publishing.nsf/Content/Home.html)
Everything they do has to get approval from the co. before they can produce it.
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Each different type of item, and different logo has to be approved by the university. The licensing source depends upon which college/university you are dealing with. There are at least 2 other agencies and some universities, such as Ohio State do it internally.
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They should have a licence number from a licensing company, like the CLC.
[url]http://www.clc.com/clcweb/publishing.nsf/Content/Home.html[/url] ([url]http://www.clc.com/clcweb/publishing.nsf/Content/Home.html[/url])
Everything they do has to get approval from the co. before they can produce it.
Which may mean also that your client will have to spring for you to produce prototypes. If anything like the NFL, both concept and execution need to be approved. (That's probably why my buddy's football logo crack pipe project never took off LOL :o)
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You guys are right! I remember when my contract printer was on the phone with the local college they DID say something about having to approve of any work.
So the lady that is having me make them for her now is basically lying to me and not paying her fees in reality to sell the ones I'm making for her.
Where does that leave me as the contracted company to make them? What should I be doing to protect myself?
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Arm yourself better than whoever comes to stop you!
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Make your customer show you her CLC paperwork, or at very least the hologram she intends to put on the product you are producing. If she is not licensed, then you are probably both at fault.
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Just remember they come after everyone. The seller, manufacturer, your kids, your dogs favorite chew toy. Just watch yourself.
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None of the answers here will come from the horses mouth......Phone the licencing agency and ask them directly....
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Let's approach this a more different sort of way. ;)
If she is CONTRACTING me to make these items for her can I just have her sign some paper work that says she is responsible for all licensing responsibilities (yes, that sounds redundant in its wording)? Or maybe stating that she has gone through proper licensing requirements to have us produce this product for her?
She also asked for some NFL stuff and I KNOW she doesn't have licensing for that. I DO believe she has licensing for the collegiate stuff that she sales as her entire store front is covered with licensed merchandise. But I don't think she is going through proper channels for the products I am providing. Which leads me to believe she probably only accounts for some of the products she sales.
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Sure you can get her to sign some paperwork.....But it will probably not save your ass when you get sued....And you will get sued.....You are just trolling for an answer you like but likely it will be the wrong answer at the end of the day......Contact the licencing agency and ask....
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Let's approach this a more different sort of way. ;)
If she is CONTRACTING me to make these items for her can I just have her sign some paper work that says she is responsible for all licensing responsibilities (yes, that sounds redundant in its wording)? Or maybe stating that she has gone through proper licensing requirements to have us produce this product for her?
She also asked for some NFL stuff and I KNOW she doesn't have licensing for that. I DO believe she has licensing for the collegiate stuff that she sales as her entire store front is covered with licensed merchandise. But I don't think she is going through proper channels for the products I am providing. Which leads me to believe she probably only accounts for some of the products she sales.
You might be putting yourself in a very bad position. Call CLC. Normally the retailer doesn't need a license, the people providing the retailers the product are the ones that must hold the license. It sounds like in your case, that would be you.
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Royster you are correct... I won't deny I was hoping for an answer that I liked. Who doesn't in a situation like this. But you are also right in that I should follow the correct answer and not just the answer I like.
BUT all that being said. We did look at the CLC's website and actually it says that the RETAILER is responsible. And in fact THEY are the ones that are supposed to give us paper work (partially filled out by them) to be filled out and turned back in to become an "authorized" manufacture. THEY are responsible for all fees and such.
If you think about it. Large places like GotPrint.com can't keep up with every little piece of artwork that comes in for them to print. If someone sends them some artwork to print a banner and it has Texas AM's logo on it are they really responsible to make sure you have the license for it? That would severely cut into their profit margins to do all that research on any odd ball logo that came up. How many colleges have licensed logos that you have never seen or heard of? For me, that would be almost ALL of them as I'm not a sports fan at all! BUT GotPrint isn't stupid... you have to agree to their "terms and conditions" which states that you won't hold them responsible and in fact will DEFEND them for anything that arises for art work you submitted.
So now, I'm not trolling for the answer I want to hear but I have facts that say that I shouldn't be made to look up every piece of artwork that someone submits to me. Where is that line at that I have to go to them and get verification? It is the retailer's responsibility to have their products properly licensed according to the CLC's website (from what we have read.)
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I am not a lawyer so take this for what it cost you.....The document you are referring to is a "hold harmless agreement"....
1st party is agreeing to indemnify 2nd party if 2nd party does something wrong and gets sued as a result of something the 1st party gets them to do....The problem is that the 3rd party who has been violated is not a party to the agreement and they can sue whoever they can get damages from......Now if the 1st party steps up and takes responsibility and has resources, you are in good shape....But if the 1st party is a "worthless piece of crap" and has no money, the 3rd party will get damages from 2nd party.....Now 2nd party has to sue 1st party to recover these damages....So you see why you should not do it.....
As far as big companies.....Many of them have legal people that tell them what jobs they should not do......So they do some screening......If a job gets through and causes them grief, they go after who ever ordered the job but it they are the "worthless piece of crap" mentioned earlier they will either pay the claim themselves or call on their liability insurer if the claim is big enough...
When I was an insurance adjuster, I had a claim that involved damages of over 500,000.00 and legal fees or over 1,000,000.00 for a trademark infringement claim.....
PS....You should have liability insurance that covers trademark infringement.....
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PS....You should have liability insurance that covers trademark infringement.....
Interesting. That coverage can't cost that much I'm guessing
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Thanks for that info.... I will look into it for sure!
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In short if Gotprints or whomever decides to print a shirt with the aggy (misspelled on purpose) logo and they dont have a license, then yes, they are responsible. If a license holder, someone that could possible pay thousands or millions a year in royalties to the university finds out that someone is printing and selling without a license, yu can bet they will be reported.
Besides, a local license if very easy to get and inexpensive..why not just get one and then sell to all the bookstores in town?
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We do work for more than one Licensed Collegeate dealers. In every case we have been provided a manufacturers certificate to sign and return to the reselling company. They are the license holder and are responsible for reporting and paying royalties for the products they market. As long as you have a copy of this certificate it is the licensee who is responsible to report and pay royalties for merchandise spelled out in the manufacturing agreement.
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Getting licensed isn't always as easy is signing a piece of paper and paying royalties. The collegiate license I hold requires a full on application and hefty fee, base garment samples in each style you ever intend to print have to be GIVEN to the college for approval. Then when you're approved you sign a ridiculously long non-exclusive contract and pay an advance royalty fee or $250. Then you are on the hook to either pay 10% royalty rate if selling wholesale, or 5% if selling retail. So if you think up an awesome design that incorporates their trademarks, as soon as it hits the stores and other license holders see it, they can print the same design!
Definitely call the right people and possibly more than one. Get confirmation in writing or at the very least in an official email from the college or license managing company. Their number one job is to bust people not paying royalties.
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Getting licensed isn't always as easy is signing a piece of paper and paying royalties. The collegiate license I hold requires a full on application and hefty fee, base garment samples in each style you ever intend to print have to be GIVEN to the college for approval. Then when you're approved you sign a ridiculously long non-exclusive contract and pay an advance royalty fee or $250. Then you are on the hook to either pay 10% royalty rate if selling wholesale, or 5% if selling retail. So if you think up an awesome design that incorporates their trademarks, as soon as it hits the stores and other license holders see it, they can print the same design!
Definitely call the right people and possibly more than one. Get confirmation in writing or at the very least in an official email from the college or license managing company. Their number one job is to bust people not paying royalties.
That's pretty much the same way it is around here.
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We do work for more than one Licensed Collegeate dealers. In every case we have been provided a manufacturers certificate to sign and return to the reselling company. They are the license holder and are responsible for reporting and paying royalties for the products they market. As long as you have a copy of this certificate it is the licensee who is responsible to report and pay royalties for merchandise spelled out in the manufacturing agreement.
Right, that's basically what we read at the CLC also.
But what if you provide a one of a kind product and someone contacts you and provides art to put on it. Again, how am I supposed to know what is protected and what isn't? I don't know what the state college in Washington's logo looks like.